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When the nuptial knot hurts
Published in The Saudi Gazette on 10 - 08 - 2008

Indian Consulate General in Jeddah receives around three to four marital dispute cases a month. The disputes are resolved either by reconciliation or according to the law if reconciliation efforts fail, said a consulate official.
“Our first priority is reconciliation. We prefer patch-ups over break-ups,” said Vivek Jeph, Consul at Indian Consulate General.
The marital dispute cases received by the consulate relate to domestic violence, extra marital affairs, polygamy, dowry, fraud etc.
After patch up the Indian consulate makes the couple sign an undertaking, stating that they will be deported if they come back with the same problem.
As the marital dispute cases are rising among Indians living abroad, ironically in India the divorce rate is the lowest. According to World Divorce Rate Organization, only 11 marriages end up in divorce in 1000 (1.1 percent). This was even lower in the 1990s, 0.74 percent.
The reason described by sociologists for low divorce rate in India is the traditional and conservative structure of society. In India, marriage ties are sacred. Women are expected to compromise in every situation with husband. But increase in urbanization and awareness about women's rights has led to increase in divorce rate. This is evident from the fact that divorce is more common in working women or educated families.
Vivek cited an example of a couple, which contacted the consulate recently to mediate in its dispute. The woman attacked her husband and in return her husband divorced her in the consulate. Later the woman refused to go home on the ground of “iddat” (the four month and 10 days time that a woman spends in isolation after divorce in Islam) and the consulate had to provide her accommodation.
He mentioned the confusion of conflict with marital law in India. Under the Shariah, once a man speaks out the word “Divorce” three times, the woman is no more his wife. But in the Indian Marriage Act, a couple has to go through certain legalities or court procedures.
A woman has also the right to divorce her husband, if he is not willing to give her divorce.
If couples file for divorce here in the Kingdom, they have to face three court hearings and the husband has to sign the divorce paper in all three hearings.
Later the woman is deported.
Another problematic area is the case of one man married to two women. As per the Indian Marriage Act, the consent of first wife is required, said Vivek.
Baadsha khan, an Indian lawyer, said consent of first wife is not necessary in case she is in a coma or paralyzed and not fit for performing normal tasks. But if the first wife is fit, and her husband marries a second woman without her consent, then the first wife can file a case against him.
A non–Muslim woman on the condition of anonymity told Saudi Gazette that she consulted the Indian consulate to resolve the issue of extra marital affair of her husband. She said her husband was living with another woman and was not fulfilling his duties toward her. She took the issue to the consulate.
Vivek said the husband has now filed a divorce case in an Indian court.
If the case ends up in divorce, then the woman will have to be deported.
The consulate also receives many fraud marriage cases. Usually men go on vacation and marry there and then do not contact their wives. Then the consulate has to take up necessary steps to resolve the issue. __


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