To prevent tragedies, the writer calls for urgent legal reforms to ensure speedy separations, curb misuse, and establish fully functional Family Courts in every district as recommended by the Law Commission 50 years ago.
By Suhail Gaznavi
Matrimonial disputes have emerged as a serious social concern, often leading to devastating and irreversible consequences. The tragic incident reported from Hazratbal, Srinagar, earlier this year, where a woman lost her life after setting herself on fire following a family dispute, is a stark reminder of the extreme emotional and psychological distress caused by unresolved marital conflicts. Such incidents expose the silent suffering endured within troubled marriages and reflect the absence of timely, effective legal and institutional intervention.
One of the major contributing factors to such tragedies is the inadequacy of the existing legal framework governing matrimonial disputes. In many cases, the process of separation or divorce is excessively prolonged, complex, and adversarial, trapping individuals in hostile relationships for years. Lengthy litigation, repeated court appearances, social stigma, and financial strain collectively aggravate mental stress. Instead of acting as a relief mechanism, the law often becomes a source of further trauma.
At the same time, there is growing concern over the misuse of certain matrimonial laws. While these laws were enacted to protect vulnerable parties, their misuse in some cases has resulted in heightened hostility, false criminalisation, and prolonged legal battles. Such misuse not only undermines the credibility of genuine victims but also deepens mistrust between spouses, pushing disputes beyond reconciliation. These legal loopholes, combined with emotional isolation and societal pressure, have contributed significantly to the rising number of suicides linked to matrimonial discord.
To prevent further loss of life, urgent and comprehensive legal reforms are required. The law must strike a delicate balance—ensuring protection against cruelty and injustice, while also facilitating timely separation or divorce where a marriage has irretrievably broken down. The focus must shift from punitive and adversarial proceedings to resolution-oriented mechanisms that prioritise mental well-being, dignity, and speedy justice.
Equally important is the strengthening of institutional mechanisms for resolving family disputes. The Law Commission of India, in its 59th Report (1974), strongly recommended the establishment of Family Courts to deal exclusively with matrimonial and family-related disputes. The Commission emphasised that such courts should adopt a conciliatory and humane approach rather than a strictly adversarial one, with the assistance of counsellors, psychologists, and social workers. Although the Family Courts Act, 1984, was enacted pursuant to this recommendation, many districts across the country, including in Jammu & Kashmir, still lack fully functional Family Courts. Establishing Family Courts in every district is essential to ensure early intervention, reduce emotional damage, promote reconciliation where possible, and prevent disputes from escalating into irreversible tragedies.
Matrimonial disputes are not merely private conflicts; they have emerged as a serious social and public health concern. The Hazratbal, Srinagar tragedy and other related cases reported from different areas underline a disturbing pattern of emotional breakdown caused by prolonged marital discord and systemic legal failures. When the legal system does not respond with sensitivity, balance, and speed, individuals are left vulnerable to despair and hopelessness. These incidents must serve as a wake-up call for lawmakers, judicial institutions, and society at large. Meaningful legal reform, coupled with accessible and compassionate family justice mechanisms, is indispensable to protect lives, preserve human dignity, and restore public confidence in the justice system.
The writer is an Advocate at the High Court of Jammu & Kashmir and LadakhÂ
suhailadv13@ gmail.com