‘Here, divorce laws are not pro-women’

Mridula Kadam is one of the top lawyers practising in the Mumbai family court. With experience of over two decades, Kadam has fought divorce cases of several celebrities, as well. She speaks to Hetal Vyas about the working of family courts in Mumbai and also about the recent order of the Bombay high court on the lack of infrastructural and basic facilities in the family court of Mumbai.

What is the first advice you give clients who approach you for a divorce?
According to me, unlike other lawyers, a family lawyer’s duty is to always give primacy to the interest of the family while protecting the client’s interests. When a client approaches me for a divorce, I try to find out if the dispute can be resolved amicably. If the issues can be sorted out, I often suggest counselling. If the client is convinced the marriage is over, then I advise an amicable settlement with the intervention of family and friends. I spell out the pros and cons of the litigation, which can get very messy. In a matrimonial litigation there are no winners; therefore settling the dispute without rancour is very
important.  

Do you think divorce laws are pro women?
No. However, in recent times there has been a trend towards protecting women. Still, much more is needed to secure a woman till she gets back on her feet, after a divorce. Presently, a woman is only entitled to maintenance, which depends on her husband’s income and standard of living. Often husbands suppress their real income resulting in women getting an inadequate maintenance and alimony. Indian law does not give an automatic right to the woman to property acquired during the marriage. Similarly, no provision has been made for a house for a divorced wife. Her right to the matrimonial home is protected only during the marriage and ends upon divorce. Her contribution as a homemaker, which may have kept her away from work, is not considered by law. In the west if the marriage breaks
down the woman gets an equal share in the matrimonial home and all properties acquired during the
marriage.

How important a role does a lawyer play in counselling the couples against divorce?
Counselling is a significant part of my function since clients repose their trust in me and even treat me as their confidante. My experience in the practice has trained me to understand the human mind. 

Does the infrastructure of family courts in India require a facelift?
I can only speak for the family court in Mumbai. The volume of work in the family court here has increased manifold since it was set up 20 years ago. The number of courts is inadequate to meet the workload. Similarly, the facilities for judges also need to be upgraded to enable them to optimise their output. Even facilities for lawyers and litigants are very poor. We need very strong budgetary support from the state.

Recently, the Bombay high court pulled up the state for lack of facilities in family courts across the state. As a woman, do you face any hardships due to lack of facilities in family courts?
The high court’s judgement is on providing permanent premises for family courts in places where the courts are presently in temporary premises. The sheer increase in workload requires new facilities.