Matrimonial dispute:-

Questions arises when there is a property jointly owned, in matrimonial dispute were Wife had filed Application u/s 12 of Domestic Violence Act,2005 and sought protection u/s 18 of the Act the Property acquired jointly by Husband and Wife, Wife Prayed to restrain husband from enjoyment of flat, Husband filed application of interim relief of accommodation rejected and limited relief was granted to him from alienating.
Problems In Matrimonial Disputes:-
In matrimonial disputes, what are the real problems that confront a divorcing couple? Begin with the definition of divorce. Black’s Law Dictionary defines divorce as “the legal separation of man and wife.” The New Brittanica – Webster Dictionary defines divorce as “a complete legal dissolution of a marriage.” Interestingly, however, marriage has a much broader definition. Brittanica – Webster defines marriage as “the institution whereby a man and a woman are joined in a special social and legal relationship for the purpose of making a home and raising a family.”

Thus, it is interesting to see that marriage is viewed as a legal and social union of two people; however, divorce is merely viewed as the legal termination of said marriage. These definitions in and of themselves highlight one of the basic problems that occur when a couple chooses to divorce. Namely, although the legal system is equipped to deal with the legal problems that the couple faces when divorcing, it does not address nor is it equipped to deal with the social and emotional issues that confront the couple.

Once the emotional or social issues are dealt with, it makes the resolution of the legal issues that much easier. Taking it a step further, what most people really are arguing about is not legal or financial issues, but rather arguments fueled by their desire to get some form of revenge for a perceived wrong by the other spouse.

Once each of the participants is helped and supported to resolve the emotional and social issues, however, they are in a much better position to deal effectively with the legal and financial issues.