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By Nadia GuyadeenStatistics from the Supreme Court show that 1,251 divorce matters were filed between January and December 2008.Sources from the court said that the numbers are usually high where this particular case type is concerned.This newspaper understands that a serious backlog does not only exist with criminal matters alone but divorce matters as well.Some opined that this was so because of how tedious it is to convince a judge of fault in a marriage.It was probably with this in mind that Human Services and Social Security Minister, Priya Manickchand, approached Parliament with the ‘No-fault divorce’ Bill.The main criticism of the Bill was the fact that the new legislation would erode family values.However, Minister Manickchand posited that there is need for an open, national debate on ways and means of preserving family values.According to Manickchand, when all else fails to keep the family values intact, there needs to be a way to amicably dissolve the marriage.She added that there needs to be legislation to facilitate good post-divorce relations, especially when there are children involved.For decades, lawyers have struggled to convince judges,Wholesale Jerseys Group, using the present Matrimonial Causes Act (Divorce Law) that was first enacted on December 30,Cheap Soccer Jerseys Authentic, 1916,Jerseys NFL China, that there was reasonable ground for a married couple to be granted a divorce.Under the current legislation, lawyers find it difficult to prove that one spouse was wrong or guilty of causing the relationship to come to an end.When this could not be achieved, and after spending significant sums of money, two persons bound by law as husband and wife would be forced to live their lives miserably, and possibly endure consistent physical, verbal and emotional abuse.This prompted Minister Manickchand to seek to update the archaic law, which was last amended in 1953.One of the persons very much against the Bill is Chairman of the Alliance For Change, Khemraj Ramjattan.He said that the family has been and will forever be that substantial cornerstone of human interaction and of civilized community which is a major source of social cohesion.And, when there is a strengthening of the institution of marriage, there are stronger families and a healthier, happier community.“Since man and woman who comprise the marriage union are not angels, it is inevitable that a number of marriages may become dysfunctional. Dissolving such a failed marriage is thus necessary. Our legal system in its wisdom made provisions for this, and we call them our divorce laws.”Guyana’s divorce laws are based on the “Fault” principle.To obtain a divorce in this country, one party has to prove to the satisfaction of the High Court one or a combination of these: cruelty,Cheap NFL Jerseys, adultery, or malicious desertion.“….Unlike fault-divorce which in my view upholds and lends more respect and responsibility to the institution of marriage, and consequently discourages the idea of and propensity to divorce.Moreover, a no-fault divorce will empower the spouse who wishes to leave the marriage (generally the male here in Guyana), and will make powerless the spouse who is being left (generally the female here in Guyana).”Ramjattan contended that there is an erroneous pre-supposition of equality between husbands and wives, by Ms. Manickchand and those in support of her,Cheap NFL Jerseys, which has no basis in the Guyanese reality.President of the Bar Association, Mr. Teni Housty, circulated a Research Brief which speaks to the question of how the divorce rates increase in all countries which have implemented the “No-fault divorce”.“Children are the greatest sufferers in a divorce, whether it is a Fault or No-fault divorce. Why then go to no-fault when more children will suffer?”Divorce rates are extremely high in Guyana.Statistics obtained have shown that most persons seeking legal aid services are those who want to terminate their marriages.Information from the Guyana Legal Aid Clinic (GLAC) Georgetown office revealed that 510 persons were interviewed regarding divorce matters between January and September of this year.Of that figure, 409 persons were represented and 101 were only given advice.The GLAC has dealt with divorce matters more than any other case type.Last year, divorce was one of the most dealt with case types. According to GLAC, they interviewed 646 persons overall during 2007.The clinic represented 446,gave advice to 179,Cheap Jerseys From China, while 21were found ineligible for legal aid service.
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