Matrimonial Lawyers Have Increasingly Good Career Prospects in India!
What are the career prospects of a lawyer specialising in matrimonial cases/ divorces?
The number of matrimonial disputes is on the rise. The causes may be manifold, but there is a growing trend of intolerance among spouses to adjustments with their partners after marriage. This has led to a situation wherein even for small misunderstandings parties rush to court seeking divorce. Therefore, there are very bright prospects for a lawyer who specialises in this branch of law as a career.
This branch of law is also increasingly becoming a specialised one in India because of the applicability of different personal laws. The procedure followed in courts to resolve the dispute is different from that of the normal civil disputes. Matrimonial disputes are being decided by family courts and counsellors/ social workers take part in the proceedings to provide counselling support and also conciliate or mediate between the parties. There are also a growing number of transnational cases involving trans-border spouses and children. A lawyer with knowledge in transnational and comparative law is better equipped to handle such cases.
What are the sensitivities that such a lawyer must keep in mind?
In a matrimonial dispute, there are no winners, all are losers. The parties to a matrimonial dispute will be under severe mental stress and strain. Apart from the warring spouses, invariably, there will be mute victims such as the children and in some cases, even the helpless parents who will also be equally under severe mental stress. A lawyer specialising in matrimonial matters should be sensitive to the needs of the client and should be in a position to understand the vulnerability of the client. Therefore, a matrimonial lawyer should primarily approach the case with a view to unite the parties by finding out an amicable solution to the problem and not with a view to win the case for his or her client at any cost.
What questions must one ask oneself to judge one's aptitude for the legal profession?
A lawyer needs a good analytical mind coupled with the ability to assimilate facts and present them cogently in the court. Willingness to work hard and the ability to do research are very important traits. A lawyer should have the aptitude to understand human problems and assist a client in distress to find a solution. A lawyer should be a problem solver and not a combatant.
A successful legal professional today requires multi-disciplinary knowledge and skill and, therefore, a lawyer should have the ability to understand with ease different branches of knowledge - be it pure science, or social science or any other discipline. A legal professional has a duty to the society apart from his duty to his client. Therefore, more than earning money a lawyer should be willing to serve the society and social causes.
What advice would you give to students looking at the legal profession, with a view to specialising in matrimonial cases?
A student who wants to specialise in matrimonial cases has to develop a better understanding of human beings and human relationships. Matrimony being a family union, social factors play major role in the success of a family. Therefore, a good knowledge and understanding of the society and its functioning are also important. A matrimonial lawyer has to be good counsellor and problem -solver and therefore his approach has to be that of a social doctor dealing with a social disease.
Author: Pankaj Mullick (HT Horizons)
Date: 26th November, 2010
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