Solution to matrimonial disputes

1.  Someone shared this mediocre arguments of Sh. Kapil Sibal in https://youtu.be/OxDqabItiDo?si=i8-tzzUT48b7ftqn
   
   
2. Sibal correctly identified the core issues of Maintenance (financials) and custody. But then instead of proposing any solution for these 2 fundamental core issues, he suggested that these issues be kept open while the court based on some prima facie material proceeds to grant divorce in a jiffy. The judges obviously refused to accept such an argument. It was indeed a poor argument, something that he thought maybe 10 mins before the case.
   
   
3. As I observed, both feminists and MRAs would oppose such a suggestion. Feminists would argue that husband would definitely not pay maintenance after getting divorce and just get married again while MRAs would know that custody issue is too fundamental and if wife re-marries, child safety is reduced esp. when she has kids from second marriage. 
   
   
4. Further, sugegsting that divorce be granted based on prima-facie grounds without proven facts and just kicking out the other spouse who wants to save marriage is injustice and indigestible. "Divorce leke kya karna hai? Dusri shaadi karni hai? To maintenance and custody ko pehle settle kyun nahi karte ho?"
   
   
5. With irbm, feminists wanted a law to take half of all assets of husband at time of divorce. When they were offered, half of assets created during subsistence of marriage, they said in India everybody has only ancestral property and no assets gets created, so our h**s won't get anything. Sibal is only right in saying that it's very hard to make a law and it will never come.
   
   
6. Thus, divorce can't be separated from Mt. and custody. Money is very important and it can't be decided by court overnight without settlement between parties. 
   
   
7. The solutions are very simple. These advocate try to be eloquent but do not have a clear conscience. They want maximum litigation and harassment of parties.
   
   
8. The solution to maintenance issue is durational maintenance. If marriage is less than 5 years, no maintenance. Above 5 years, maintenance to be granted for 50-70% of duration of marriage and in no case, it should be longer than the actual subsistence of marriage.
   
   
9. The solution to child custody matters is shared parenting. As a side note, you should not exist if you think it is okay to deny relationship between a child and parent.
   
   
10. The third solution is to enforce S. 13 of FC act, and refuse representation by advocates and force parties to draft and represent their cases themselves. Hire lot of clerks who aid the judge in preparing a comprehensive summary of case on both sides based on pleadings and arguments and any evidences in written form and let the judge pass an order. The idea is to provide power of parallelism to judge by delegating most of the work to clerks who are advocates and rigorously trained and then managed properly like a corporate with recording and random evaluation of their performances. Advocates won't lose jobs but they'd have lot more work to do and lot more money to make.