NEGOTIATION STRATEGY

The Dispute is between:

Mr. Ankit

(REQUESTING PARTY)

&

Mrs. Anita

(RESPONDING PARTY)

By

Barkha Shravani & Gauravjeet Sokhi

BBA LLB Div D (2016-21)

Facts of the case:
Ankit and Anita got married in 2004 after which they moved to California since
Ankit was a Senior Executive in a US based IT firm. His significant other Anita,
although qualified as an interior designer was not working, but she had a specific
end goal to take care of their two children. Having leased an extravagant level, life
was going easily for the couple. Shockingly, amid the recession of 2012, Ankit lost
his employment. In the wake of losing his occupation he was offered employments
by many organizations yet he didn't take any of the occupations feeling that the
occupation profiles which he was getting weren't sufficiently respectable for him,
to which Anita demonstrated her contradiction. What's more, it appeared that that
there was no change in the life of Ankit. He acknowledged an occupation in Los
Angeles which as indicated by him was not incredible. He exited the occupation in
the wake of working there for a simple a half year. Meanwhile, Anita effectively
secured a sensible occupation which paid her enough money to deal with the back
of the family. Unfit to adapt up to the progressions and the states of his life, Ankit
began drinking, though Anita was given an advancement in her employment and
was procuring liberally. Ankit didn't take this well and began quarreling with his
significant other consistently. He even began making charges and Anita has even
presented that he began beating her on a few events subsequent to getting
alcoholic. The majority of this was throwing an awful impact on the children. At
long last in the wake of understanding that Anita couldn't take any longer she left
the house in which they were living with her children without illuminating Ankit
about the same and moved to another flat along with her kids. There she filed a
protection complaint before the family disputes council, California as she was
scared that she had a risk to life from her significant other. He has petitioned for
divorce however our client, Mrs. Anita is not prepared to give one.

Submissions of Mrs. Anita:

1. The divorce should not be granted

Divorce shall be reserved as last resort in worst case scenario, The essence of
marriage is to stay together for a lifetime and to take care of each other, in a
conjugal relationship if judiciary grants divorce on petty fights then there might
be very less married couple in a country and the purpose of mediation is to
settle the issues for the betterment of their conjugal life. Divorce can be
emotionally and mentally devastating for both Ankit & Anita as well as their
children as they would have to live without one of their parent, this will further
lead them to lose confidence in themselves and might not be able to concentrate
in their education and the sole purpose of marriage which is living together as
husband and wife and taking care of each other and their children in all
situations will be withdrawn.

If this divorce takes place the scars of this incident will leave wounds deep
enough that scars will never heal for lifetime and Ankit must also see that his
life is not of his own but the lives of his children and wife is attached with him
and for betterment of all he must not take Divorce.

2. Ankit must seek employment in California to maintain his family

The major responsibility of a Husband/Father is to maintain his family as
well as being able to provide his family Food, Security and Shelter and
Ankit being unemployed is not able to fulfill these major responsibilities,
Ankit thinking that doing jobs of less seniority will lead to degradation of
his resume but he must think that at this stage of life he has responsibilities
of a father as well as husband, Ankit being well qualified got several
employment opportunities so finding job for him is not tough and if he
works hard and shows enthusiasm he might also be promoted to senior post.
This behavior of Ankit further leads his wife Anita to be the sole bread
earner of the family so that basic need is fulfilled, Anita doing jobs has lead
her doing 2 things at once managing children and office work if this keeps
on happening it would lead Anita’s health detoriating and not being able to
focus on children properly. Ankit must seek employment irrespective of its
effect on his resume to maintain his family and so that their lives can be the
same as they were before.

ii) He must join rehabilitation center with a goal of leaving drinking

habit
Running away from a problem has never benefited an induvial and in fact
one has to face life problem no matter what, Ankit in this case ran from his
problem and responsibilities and hide behind the cover of alcohol as alcohol
was able to provide moments of pleasure in such crises, not seeing the
effects alcohol lead to his life Ankit is now hooked to such addictions and in
order to get rid from it he must get professional help and show lots of
determination.
Ankit must understand that if he continues his drinking habit, it will have an
adverse effect on his health, conjugal life, professional life and also children
 as they will see their father getting drunk and assaulting their mother this
will lead mental trauma on such tender minds. Ankit must accept his
responsibility and work toward them.
1. If the conditions stipulated above are not met up to a desirable level
then the guardianship of children should remain with Anita
On the off chance that the above conditions specified in the arguments are
not satisfied then the guardianship of children must remain with Anita on the
grounds that it is evident from the above contention that Ankit being a
drunkard and unemployed is in no condition to support his children finically
and emotionally. Enabling the children to live with Ankit will bring about
advancement of negative behavior patterns in kids and they will be not able
have healthy lifestyle as children being of such young age require special
attention which Ankit will not be able to provide as he is unemployed and
having a drinking addiction.
So, it will be best for everyone that guardianship shall remain with Anita as
she will be able to support the children and provide them with every
necessity and emotional support that Ankit will not able to provide.

DESIRED SETTLEMENT:

What do I need?

1. The divorce should not be granted

2. Ankit should seek employment in California and must join rehabilitation
3. The guardianship of children shall remain with Anita if above conditions are
not fulfilled.

What can I offer?

1. Anita will surrender her employment if Ankit want her to take care of their
children as before
2. Anita will drop the protection complaint which was filed before the family
dispute council and family will be peaceful as before