Sunday, 23 September 2012

Replace the word Husband/wife to Spouse in proposed Marrage Amened Bill


Are you planning to marry Indian Girl? It is easy to get married
(’Legal Trap’) in India if Boy is with handsome earning and have
credible wealth.

“According to the Cabinet Note, while a wife can oppose a
husband’s plea for a divorce under the new “irretrievable
breakdown of marriage” clause, the husband will have no such
rights to oppose if the wife moves court on the same grounds.”


Are new divorce laws anti-men? Video: NDTV.com


NDTV: Why Marital Property Division Law Must not be Draconian ...




The word husband/wife must be replaced by the word Spouse, otherwise it will lead a total Extortion business of your hard earned money/property and as the more awareness will come, maximum men will
stop saving and will spend their earnings , result more and more crime/fraud/stress in society and yes a huge father less child society on the way, which today some male haters do not understand , but will value the contribution of husbands family the day they will take oath to die as debit man than credit man. We do not understand why so called educated and liberal Women and LAW makers afraid to make law on the Principal with the word “Spouse”, both get euall responsibility and Liability.




This bill is a further evidence of the growing misandry (male hatred) in the society and how the society treats men as disposable entities. Even in this modern age when we talk of Gender Equality, the stereotypical patriarchal notion that the financial responsibility of a family should lay on a husband still prevails in the society, and this pervert social mindset is the root cause of abuse of men,
especially husbands in a marriage.

In such a situation, where men are already burdened with so much of load, another law which makes divorce extremely costly for them is thoroughly unwelcome.

Highlights of the law:


This law recognizes “Irretrievable Breakdown of Marriage” as a ground for divorce.
While the law empowers the wife to oppose the divorce at any point of time if the husband has filed for divorce, it restrains the husband from doing so when the wife has filed for the same.
This law also contains a clause by which courts will be empowered to snatch away half the property of husband and give it away to wife.
This law only talks about women’s rights and has no considerations whatsoever for men.

Brief Background:


Due to demand from various quarters, this ground for divorce was introduced by the Govt. of India by way of the Marriage Laws (Amendment) Bill, 2010 which sought to amend the Hindu Marriage Act and the Special Marriage Act. However, the bill contained clauses that facilitated financial extortion of men.

The bill read that courts would have power not to grant the divorce unless the wife was paid adequate amount of money under the cute name of “Financial Security of Woman”.

And the bill also mentioned about special powers being given only to wives to oppose the divorce if the wife was unhappy with the money she received from the husband.

Such clauses being outright anti-male and gender-biased in nature were vehemently opposed by various men’s rights activists and organizations, who even deposed in front of the Standing Committee on personnel, public grievances, law and justice. The panel, chaired by Shri Santaram Naik, was presented with the objections raised by men’s rights organizations who sought to make the bill gender-neutral and ensure that no man faced any kind of financial hardship because of gender-biased clauses in the bill.

Oppositions ignored:

However, the objections raised by men’s rights organizations have been conveniently ignored by the standing committee panel, that has gone ahead and recommended the very clauses to the Govt. of India for the bill to be tabled, to which the men’s rights organizations has raised objections against.

What will happen if?

Husband purchases a property just 6 months after marriage out of his hard-earned savings earned before marriage and his marriage breaks and he loses half of the property. In that case the husband will be doomed.
Men start fearing this law and stop buying real estate which adversely affects the economy of the country.
Husband has dependent parents and owns a single property and if 50% of that goes to wife post-divorce, how will the husband take care of his old parents? Is the concept of family restricted to only husband-wife
in the Indian context?
What, if the family is a Hindu Undivided Family (HUF) owning a single joint property? Will the wife get 50% of that? What about other sibling’s share in it?
Objections:

Marriages are tumultuous for men. This fact reflects in the suicide statistics that are published year-over-year by the Union Ministry of Home Affairs and it’s the married men who top the list of suicide.
Suicide rate of husbands’ increases 4 times the rate of wives’ and 6 times the rate they are born. Every 9 minutes a married man commits suicide. This fact clearly proves how bad marriages turn out for men
and if divorces are also made costlier by way of such laws, this will lead to further increase in suicides by men. Is the Government of India trying to facilitate the suicides of men?

In a democratic law making process, objections raised by a particular group or individual cannot be ignored without any proper justification. The panel has failed to give any just and proper reason as to why the objections raised should not be considered.

As per Dowry Prohibition Act, any demand of cash/kind in relation to marriage is “Dowry”. Is not this law legalizing dowry to be paid to wife from husband under the cute name of “Financial Security of Wife”?
Right to Equality is a fundamental right guaranteed by the Constitution of India and cannot be disrespected under any circumstances. Current bill thoroughly violates it, as far as men are concerned.

Feminists are claiming that nearly 80% of women do not have a place to live post-divorce. This is completely false because no such study has ever been conducted. India does not have any standard data collected
as to how many divorces are happening, of those how many own a house and how many do not, how many are nuclear, joint and HUF families. Without any such data in place, any claims made are just airy claims
without any data. Formulating a law on airy data is dangerous.

Demands:

Marriages and Divorces should not be made a property-transfer-bureau. If property division is to be done then wife’s share in her ancestral property must also be considered and then division must be done. Duration of marriage must be a crucial factor of consideration. The difference between a 2 month marriage and a 20 year marriage must be clearly understood.

Property division must take into account contributions made by both the spouses and also the fact that the property was acquired from wealth earned post marriage and not from previous savings.
Any and all outstanding financial liabilities on the property like loan for property, loan against property, mortgage etc. must also be equally divided and wife must be made to be equally paid for it. If she is not working then she should get her share from her ancestral property.

Both the partners should have equal and unbridled right to oppose divorce and there should be no gender-bias in this.

There should not be any power wrested with the courts to decide upon property transfer or stalling of proceedings as the Indian judiciary is highly incompetent and has not shown positive trends favoring men
when it comes to disposing cases. The Indian judiciary is highly anti-male and does not consider twice before ordering a man to either “sell his kidney” or “beg, borrow or steal” just to pay maintenance to his estranged wife. What is the guarantee that the same judiciary will make judicious decisions when it comes to this law?

Institute a National Commission for Men, that can systematically collect issues, concerns and problems of men, study them and recommend to the Govt. about measures to be taken to address those problems.
If the Govt. of India does not take these considerations seriously then we have only one message for the hardworking Indian men, who think putting self before others, is a social norm –

Your hard earned property does not belong to you.

P.S. Long run effect as the more and more cases will come out :

“Also this bill will have a disastrous effect on the marriageability of non-working or low income men/women - as all women/men would like to marry high income men/women now. Will the govt. take responsibility
to get these low-income or no-income men/women marrage? How is this bill useful when it helps high income men/women while at the same time makes the low-income men/women un-marriageable? This bill infact is
contrary to women’s and men’s welfare”

So,what to do ?

1. This is nothing but legal terrorism and to stop that the First think to make more and more awareness. So, highlight the danger to all LAW makers MP, Society and Friends. Always demand as per constitution every one is equal in front of law , so the word men/women must be replaced by person and husband/wife must be replaced by spouse.
2. Those are in LAW filed must start collected the LAW of other country of the world and be ready to fight in Supreme court. No country have such biased law in place.
3. Before marriage must engage a Lawyers.
4. Book a low cost Home in some Village area , so that in old age you can have a place to live.
5. The moment you feel any smell of any problem without any second thought dispose-off all your movable or immovable assets .
6. Minimum Saving after marriage , enjoy the life instead of work like donkey and one day die in Heart attack and left huge assets.
7.Come out from all the emotion , today marriage is no longer a emotional bond, all this male haters LAW makers make the marriage a emotionless simple Business deal and a easy money earning business for
wrong people.

Warning to all Male Haters :
To grab the Husbands money/property you have made several law start from DP3, 498A, DV act, CRPC125, Section 24 and now this new HMA act, with the Principal all wives born in Raja Harish Chandra Family , never lie and all Husbands born in Criminal Family.


All the law the basic motive is how to grab the money and property from Husbands family with the logic women had suffered so long, so now it is turn to men to suffer.


But forget two wrong can’t make a right think. If women is suffering that is not due to husbands family , it is due to the girls at their own home had not given equal right and responsibility give to a boy, instead of correcting the same started putting all burden/blame to husbands family .


Do not forget more then 90% women who have a home in this country , they got from their husbands family , not from their own family, correct that first or the day the is not too far when we will be witness when a man will die, the bank will come and take over all his assets , which we witness in western country .



The day Indian Husbands will learn to live a life as Debit man than credit man and stop making any saving in property or in other assets , then only you all will realize the real contribution of Indian husbands for this society.


Do not take Indian husbands family in ride and stop promotion of Legal Extortion of their hard earned money/property, make the LAW gender neutral the word husband/wife must be replaced by the word spouse and the share should be equal both liability and claim in assets.
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Click Here For Video : CNN-IBN Debeate "Face The Nation." With Sagarika Ghosh .

NDTV: Why Marital Property Division Law Must not be Draconian ...






To:

Shri Ashwani Kumar ,Ministry of Law and Justice

4th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001



Sub: ROLL BACK NEW “DIVORCE BILL”


What will happen if the MAD [Marriage Law Amendment (DRAFT) Bill 2010] BILL is passed?
1)      Husband and his family loses minimum 50% to 80% of the property in case of Divorce. He will have to run after the court for next 20 years to fight 498A / DV / CrPC 125 / Child Custody, as wife is not bound to come to court.
2)      Wife’s contribution, financial liabilities and duration of marriage will NOT be considered at the time of divorce. (Example: Wife has Rs 100 Crores of property and Husband has Rs 10 Lakhs property, it is only husband who will have to pay Rs 5 Lakhs to wife.)
3)      The wife can object a divorce petition filed by husband on grounds of financial hardship but husband CANNOT object a petition filed by wife. So, husbands will prefer to avoid to go court and sell off/mortgage all assets, like china it happened. Result every divorce case 3 to 4 property litigation in court for years will continue.
4)      Upon quoting ‘financial hardship’, the wife will get minimum 50% to 80% of husband’s family property and same share in assets to fulfill her lavish lifestyle, even if the marriage lasted for 1 day or 1 month. Result more husbands suicide or spouse murder will happen.
5)      Financial position of the wife, her assets is not being considered at all; neither is her capability to earn nor her education nor her financial / non-financial contributions.
6)      While the distribution of assets has been allowed, the distribution of liabilities is not at all mentioned. So the husband keeps paying the loans & mortgages and wife runs away with money and property.

ROLL BACK THIS DRACONIAN, HUSBAND KILLER EXORTION LAW IN THE NAME OF EASY DIVORCE OR REPLACE THE WORD HUSBAND/WIFE TO SPOUSE AS FOLLOWED BY ALL OVER WORLD.
 


3 comments:

Anonymous said...

This law applies only to Hindu man. A Muslim man can still say Talaq 3 times and get rid of all responsibilities, or even marry 4 times without divorce. This law may give impetuous to conversions to Islam

Swarup Sarkar said...

Request all to Fax/Send letter/Try personnel meeting to below ministers.( GOM)

Group of Ministers (GoM) regarding Official amendments to the Marriage Laws
(Amendment) Bill, 2010.

Composition
Shri A.K. Antony, Minister of Defence.
Shri P. Chidambaram, Minister of Finance.
Shri Ghulam Nabi Azad, Minister of Health and Family Welfare.
Shri Sushilkumar Shinde, Minister of Home Affairs.
Shri Kamal Nath, Minister of Urban Development, and Minister of Parliamentary Affairs.
Shri Kapil Sibal, Minister of Communications and Information Technology, and Minister of Law and Justice.
Kumari Selja, Minister of Social Justice and Empowerment.
Shri V. Kishore Chandra Deo, Minister of Tribal Affairs, and Minister of Panchayati Raj.
Shri Jairam Ramesh, Minister of Rural Development.
Smt. Krishna Tirath, Minister of State (Independent Charge) of the Ministry of Women and Child Development.

Special Invitee
Shri V. Narayanasamy,
Minister of State in the Ministry of Personnel, Public Grievances and Pensions,
and Minister of State in the Prime Minister’s Office.

Terms of Reference
Official amendments to the Marriage Laws (Amendment) Bill, 2010.

Anonymous said...

Let Hindu Men convert to Christianity or Islam - there is no other solution! With AK Antony's blessing, Hinduism has lost!