France considers doing away with judges in divorces by mutual consent

Will make courts more efficient

France is considering a plan to allow divorces by mutual consent to proceed without judges. What this means is that uncontested divorces could be approved by court clerks! This will undoubtedly simplify the paperwork when couples decide to part ways by mutual consent, which means the two parties are agreed on custody of children and division of assets.

Note that in France divorce by mutual consent is already a much simpler and faster process as compared to India. All that the judge does is order the divorce and stamp documents, which proves that assets have been split equally between concerned parties. A divorce procedure that's even more simplified will help couples agreed on parting on mutually settled terms, and also help the legal system shed a bureaucratic layer. Judges will have more time to focus on contested divorces that require deft handling of thorny issues like child custody and division of assets. Besides, family court clerks with years of experience are perfectly placed to replace judges in divorces by mutual consent, which require mere paperwork. Absence of judges' signature will after all not weaken agreements between divorcing parties: court paperwork will ensure neither party reneges on the terms of separation.

The Indian judicial system is notorious for making it doubly difficult for parties seeking divorce to part on mutually convenient terms. But it's currently taking baby steps to liberalise divorce laws, and this process could really gain momentum if India was to adopt the French plan for eliminating several cumbersome processes in cases where both parties are amenable to divorce. The Indian Law Commission, which over the years has made path-breaking suggestions on divorce laws and regulations, could make recommendations favouring doing away with the role of judges in presiding over divorces by mutual consent.

COUNTERVIEW

Focus on saving marriages instead

Rudroneel Ghosh

A French proposal to allow divorces by mutual consent to proceed without a judge is ill-conceived. To argue that the step should be emulated in India is preposterous. First, divorce by mutual consent in France is already a simple process. But to allow court clerks the authority to approve such divorces would lead to a further dilution of the institution of marriage. In a country where 50% of weddings end in divorce and the rising number of single mothers imposes additional costs on the state in terms of child support, the focus ought to be on saving marriages rather than helping along legal separations.

It's precisely because of this libertine attitude towards marriage that the West has seen an increasing disintegration of family values. This in turn has led to seve-ral sociological problems impacting today's youth. In fact, several studies have shown that children of divorced parents exhibit more symptoms of psychological maladjustment and social difficulties than children with intact two-parent families. Besides, there is a reason why the institution of marriage has survived thousands of years of human history - it's a fundamental unit of an ordered society. True, some marriages may not last. But that must not prevent us from trying to fix them.

Doing away with judges in mutual divorce cases would turn divorce proceedings into routine bureaucratic paperwork. This will also snuff out any scope for reconciliation, something that a judge has the authority to recommend. In India, where a large number of women still lack education and financial autonomy, such dilution of the divorce process will leave them particularly vulnerable. Instead of making divorce easier, the emphasis needs to be on counselling and rehabilitation. Hence, judges with their superior wisdom must adjudicate divorce cases, keeping in mind the importance and sanctity of the institution of marriage.

NEWS Link:- http://articles.timesofindia.indiatimes.com/2014-01-09/edit-page/45992420_1_mutual-consent-court-clerks-divorce