Monday, 16 September 2013

Rape Case: Lets Talk about such Women of India too!

Man freed in rape case, court says it was extra-marital affair

Court said married woman, who had four children, got involved in affair during subsistence of her marriage.


A man accused of raping a married woman on the false promise of marriage has been acquitted by a Delhi court, which observed it was a case of an "extra-marital affair being converted into rape".

The court said the married woman, who had four children, got involved in the affair during subsistence of her marriage and to save herself from "embarrassment", filed a false case against her paramour when her husband came to know about their relation.

"This trend of extra-marital affairs being converted into rape cases is coming up as several such cases have been filed in court on similar allegations. When a woman herself is not in a capacity to marry another man during the subsistence of her marriage, then why should her paramour be prosecuted, incarcerated and be tried for rape when it is actually just an extra-marital affair.

"This kind of unscrupulous litigation is required to be nipped in the bud itself," Additional Sessions Judge Nivedita Anil Sharma said, adding with changing times, the understanding of "morality" is also changing.

The court acquitted Moti Nagar resident Samir of the charges of rape and cheating, saying there is no material on record that the 25-year-old woman was forced into physical relations by the accused on a false promise of marriage.

"In fact what emerges from the evidence of prosecutrix is that there appears to be an element of an extra-marital affair between her and the accused which came within the knowledge of her husband due to which she left or was made to leave her matrimonial home and consequently the rape case was lodged (against accused) probably to save embarrassment for herself and maintain relations with her husband," the court said.

According to the prosecution, the woman filed a complaint with the police alleging that from January to April 20, this year, Samir repeatedly raped her on the false promise that he would marry her.


Crime against men today increasing a rapid speed , but who cares for that? 
Lets Talk about 21st Century such women and LAW of India also as such news always suppressed by Electronic media houses of India to Brain wash common Men that the Sexual assault or crime only men do against women and women never do such crime in India . 

In this case another Men also suffering  his name is "Indian Husband" , have any one shown the concern?
  • The married women's husband can't file a case against her as adultery IPC497 is not a crime in India.
  • Husband can't file Divorce case also , as the moment he will do that , she will fire the 498A , Dowry Act , Domestic violence act and CRPC125 also.
  • Result Husband will loss the child , he will be out of his own home and have to pay the money in the cute name of "Maintenance" , let he beg/borrow/steal,  irrespective the prove wife at fault as CRPC125 she will just have to say , I had lived in adultery , but at present not living in adultery as the word in CRPC125 long back NCW changed from 'Lived in adultery" to 'Living in adultery" to deny any maintenance.
Media will never talk a single word about such cases and court will only make some comment , but will not send such women behind the bar , forget about any other Punishment.

If we found a cases like this related to a Married men , forget about court order even a allegations like this , not only the Husband , along with him his age old mother/unmarried sisters also had been put behind the bar under 498A , Dowry act , forced to provide a home to wife under DV act, hefty maintenance under CRPC125 and then keep making round the courts next 15 to 20 years to prove that the allegation is false and fabricated.

Society's Alpha Men's group, will continue to engage in abuse the "Mango Men" day and night through their twitter account , women activist will keep silence and end results some survey few days back confirmed the growth rate of women getting involved in adultery is more than 30% year to year.
SIF and their associated NGO repeatedly advice, caution to Government, LAW Makers , Justice Verma as well as to all Media house , to stop the abuse the "Rape law" in the name of non-Consent so called "Promise of marriage" , but who cares?
A women in India can have physical relation with any men with or without any promise , the same is never termed Rape , but even a verbal allegation against a men without any medical evidence also can be termed as "Gang Rape" and any TOM/DICK/HARRY can be put behind the bar in the name of Investigations and the accused threaten to victim.

History witness Injustice somewhere is direct threat of justice every where.

Join Save Indian Family Movement to Stop the legal terrorism of India and demand to replace the word Men/Women to "Person" to all crime related LAW or policy like all over world follow instead of making assumption that all Women born in Raja Harish Chandra family ( never lie) and all Men born in Criminal family. 


Wednesday, 11 September 2013

Shocking 5 to 6 % Shortage of marriage able Men vs Women In India


Every day you are witness of Huge cry that the Girls Child are less vs Boys in India due to Female foeticide . In the name of Female foeticide huge fund had been collected , many tax prayer money had been wasted in advertisement and many program.
The chances of Female foeticide lies on loophole in Abortion law, but no one have dare to touch that and keep blaming Indian men, where many of our survey shows more than 90% men want a girls child , where as it is women members of the family desperate for Boy child.

Medical termination of pregnancy is a prerogative bestowed by Indian law exclusively on women and men have no role to play. (Medical Termination of Pregnancy Act, 1971 - Section 4 (b) - No pregnancy shall be terminated except with the consent of the pregnant woman.)

But how many gone through the Census data and analysis, except that we have 940 women against 1000 men in India ?

Some hidden fact is here , if you go through the Single Year Age Data - C13 Table (India/States/UTs )

You have to go through the data of 2001 vs 2011, what change?

( A child in 2001 of age 1yr should be 11yr in 2011 right?)
Missing women Vs Men :











So on that basis if we compare :

Total Men missing : 4.16Crs/57.66%
Total Women missing: 3.07crs/42.34%.
Means : Approx 1.11Crs Men are missing more than women in India.
So if 577 men are missing , only 423 women are missing and difference of 153 per 1000 population.

Now Let see the number of Boys vs Girls ( 1-10Years data of 2011)

Boys : 13.03Crs/52.27%

Girls : 11.9Crs./47.73%

So as a base of Total Population for 1000 boys are 523 and  Girls are 477 a deficit of 45 per 1000 population.

Means the boys is extra : 1.13Crs.
Now when census will happen in 2021 will not 1.11 crs men will be vanish than women?
The most important think we are talking about what will happen in future , but have any one shown any concern of present situation?
Every time we see the cry the girls parents , women activist that to marry off Girls is not so easy, so they have to offer dowry etc.
We always wonder if the supply of men is 1000 vs 940 women as claimed by Census data, why there should not be shortage of Women and reverse dowry system had been started , right? Why Girls parents have to search day night a NRI boy ?
Here all gone wrong and even media journalist/editors had been also fooled by one sided analysis.
The truth lie, the average age of a men vs. women difference is about 3 to 5 years. Even Law also the marriage age for women is 18years and men is 21years.

Let consider women marriageable age 18 to 35 vs Men 21 to 38 years.
Available Men : 17.2Crs vs available women : 19.44Crs.

Means shortage of 2.42 Crs men and 533 women available against 467men , a deficit of 66 men(6.64%).

Let consider women marriageable age 18 to 37 vs Men 21 to 40 years.

Available Men : 18.94Crs vs available women :20.82 Crs.

Means shortage of 1.88 Crs men and 524 women available against 476men a deficit of 44 ( 4.73%).
Now one hand we are crying for future and neglecting the Present situation result there is no improvement observed.
All over world if we see as a total the 5 to 6 % more boys birth is as normal keeping in mind the missing Men are always higher than women , but who cares for that.
When our LAW makers form LAW and Policy with the half hacked data of some women organizations which not only mislead the media Journalist/editors to common people also.
Result we always see the operation in Right Leg , when the pain is in Left Leg.

In 2011 census data shows : 
Total Population : 121.02 Crs
Men : 62.37Crs/51.54%
Women : 58.65Crs/48.46%.
So for 1000 Population the Men is 515 and women is 485, means the difference is 31 per 1000 population.
But if any one say the difference is 31 , it will not be a breaking news , so how to increase the same ?
The Women organizations changed the base of calculation from Total Population to Men population as Base , result shows 940 women vs 1000 men, which is totally incorrect in field as the difference is not 60 , it is 30 only.
Statistics are really Mini Skirt!!! 

When you say 940 women against 1000 men , common people think it is 6% , but reality is on field the women population is less by 3.07% , not 6%.
In Total Population men more by 3.07% than women and it will go down to 2.29 by default in 2021 census , but never mentioned 15.31% men are getting missing more than women also , result misleading LAW policy and wastage of money.
The most important issue never come to knowledge in India there is a shortage of about 5 to 6% marriage able men compared to women.
Now the Question is who will supply the extra men to Indian women which we witness shortage in the range of 4 to 6 percent?


May be we have to import many more male from country like Bangladesh, Nepal for our Indian women.







Tuesday, 10 September 2013

Who is more possessive a wife against her husband or media Journalist against men?

Stop Abuse of IPC498A act in India


Many common people unaware the fact of IPC497 , for a wife even adultery also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.

Any allegation by a wife against husband to be considered as TRUE irrespective the same is true or false. Same way a Case was registered against a Husband, that his wife suspects his relationship with another women in his office , so she suicide.  There was no evidence to that aligation or ill treatment to her , but our great law booked him under 498A , 306.
More surprise the lower court and high court also termed him as wife killer .


The person have to suffer all trouble legally, socially, have to run pillar to post to get bail and spend months in Jail without any investigation as 498A is non-bailable and at last SC found , he is not Guilty , but who will compensate him for the incorrect Judgments of Lower court and high court ?
 Writing a judgment for the bench, Justice Radhakrishnan said to charge a husband for abatement of suicide, the prosecution must establish that the wife's suicide was a direct result of the extra-marital affair.

"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.

"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.

Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth."

Just for a moment if the case had been reverse, like a Husband suicide with a suspect that his wife had relationship with other men at office, will a case will be registered against the women?





      Sorry to say the answer is a Big No , as neither 498A or IPC497 applicable for Women. LAW commission had asked to make the adultery crime for both gender , but our LAW makers had not taken any action and NCW even further go ahead with amended in CRPC125 , that a women should get maintenance from husband in spite it had been proved she was living in adultery, as they changed the word "Lived in adultery" to "Living in adultery".         
Means a women can lived in adultery, husband proved in court , but after few months she can come back and say , now I am not living in adultery and claim maintenance under CRPC125 again.  




For Indian men, it does not matter, irrespective the allegation is true or false, not only you, your mother, sister, age old father will be thrown out of your own house under DV act, just one line complain by your wife.   

But some of our media Journalist are so possessive for any judgments in favor of men they also can't digest and as soon as the judgment passed they write :

Adultery is not cruelty, Supreme Court says. Times of India.




They twist the fact that SC said passiveness of a wife for Husband and without any evidence of adultery of husband can't be a ground for Cruelty.




If they had not Possessive against men , then they must have highlighted how a men had suffered in wrong 498A cases as his wife was possessive against him  without any evidence.

Merely being "intimate" with another woman is not sufficient ground for a man to be held guilty of inflicting cruelty on his wife on the charge of failing to discharge his marital obligations, the Supreme Court ruled on. 





If a Husband had done adultery the same is Punishable as per IPC497 , but how can the same can be a crime when there is no evidence of his wrong doing or ill-treatment of wife under 498A?

Yes the great law 498A is there where you can book any TOM/DICK or Harry and even lower court/high court convect you on mere assumption a crime which You had never done.



So, the question arise who is more possessive  a wife against her husband or media Journalist against men?

Friday, 6 September 2013

HINDU SUCCESSION (AMENDMENT) BILL, 2013 By ANURAG SINGH THAKUR, M.P.

Already Kapil Sibal desperate to pass a Husband Killer Property Garbing LAW in name of Easy Divorce to Women.



The main reason had given that women in India does not have property and whatever a Husband earned to that wife also have contribution,so she should get the right irrespective the marriage run for 10 days or 10years. So, instead of making the same Spouse , he pushed that only Husbands immovable+movable + inherited/inheritable assets to be considered by Court and wife should get her share irrespective the Divorce happens for the Fault of Husband or wife.

Any immovable+movable + inherited/inheritable assets belong to wife should not be touched at all .

The question he never answered what about the property immovable or movable assets a wife earned , does not have any contribution of Husband to that?

The arguments totally overlooked,  the Hindu succession Act provide the daughter also share in  inherited/inheritable assets of her parents , why the same should be considered and if her own parents or brothers does not give her her share and she face financial Hardship, why to blame the husbands family and punish them for no fault?

Now the Hypocracy of LAW makers witness in another amended in the name of  HINDU SUCCESSION (AMENDMENT) BILL, 2013 By ANURAG SINGH THAKUR, M.P.

A women's self-acured Property/assets ( movable+movable) in absence of Husband's/child, it should go to women's Parents only not to Husband's Family heirs, means what ever assets ( movable+immovable) in her name let it be she earned from husband or husbands family, but it will go to her parental heirs only. 

Where the need of such amended the main reason given :

The proposed amendment has been necessitated in view of the vast changes in the
social milieu over the past few years. Over the years, women have taken a stride in all spheres
of life. The consequence is that women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.
Means it is established self acured assets earned by a wife , there is no contribution of Husband or her family members, fair enough !!

But the unanswered question , why the same logic does not apply when wife or family claim her contribution in husband's not only self accrued assets even inherited/inheritable assets?

Yes, that is the ground reality as I also witness in last 10 years I am in Delhi and stayed in 6 rented Home and among that 5 house owner was a Women only not a Man!

Even many people do not know in agriculture Land more than 9.2percent in the name of Women , more than 90% movable assets in the form of Gold/Diamond/Jewellery in custody of women only, but Kapil Sibal came out some imaginary figure only 2% assets belong to women without any supporting authentic data.

As per cencess data In Delhi approx 30 Lacks House 9.2 lacks are rented house and 80% of those house owners are Women, not men.

Now to make a LAW in this country the logic and ground reality does not matter when it comes to grab men's hard earned assets by Legal Extortion.

Indian Men are suppose to work his whole life like a donkey and one day die in Heart attack. In case he face any financial hardship , he can't even use his own saving for rainy days.

Law makers repeatedly misusing  the provision of constitution 15(3) with logic positive discrimination Government already make many biased law like 498A, DV act, CRPC125 and now on the way New Marriage LAW ( IRBM).

Our Supreme Court is silent for more than 30 years against government's such abuse of Indian constitution's special provision under 15(3), as per their wish and killing the Natural Justice.

Result today witness marriage relationship converted to a money extortion business, but we have to wait and see does our SC judges have courage like China SC, who had made null/void such law, as any rights comes through marriage towards the property/assets of husbands does not valid after Divorce. No fault Divorce can't  be a ground to snatch each others hard earned assets, which against basic fundamental rights of individual to live and liberty.

Media , Judiciary, LAW makers no one will take corrective action , but many men today asking #Y2marry?

Injustice some where is direct threat of Justice every where , hope all understand and demand the word Spouse instead of Husband/wife, so that the LAW should not be Unfair/biased and became a TOOL of Extortion like 498A , DV act.

----------------------------------------------------------------------------------------------------------------
A BILL further to amend the Hindu Succession Act, 1956. Bill No. 17 of 2013 TO BE INTRODUCED IN LOK SABHA.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
1. (1) This Act may be called the Hindu Succession (Amendment) Act, 2013.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.

2. In section 3 of the Hindu Succession Act, 1956 (hereinafter referred to as the
principal Act), after clause ( j), the following clause shall be added, namely:—
“(k) “self-acquired property” means any property including both movable and
immovable property acquired by a female Hindu by her own skill or exertion.”


Amendment of section 3. 30 of 1956

3. In section 15 of the principal Act, in sub-section (2), after clause (b), the following clause shall be added, namely:—
“(c) if a female Hindu dies intestate, her self-acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any predeceased son or daughter), shall devolve, not upon the heirs as referred to in subsection (1) in the order specified therein, but in the following manner:
(i) firstly, upon the mother and the father of the female;
(ii) secondly, upon the heirs of the father of the female;
(iii) thirdly, upon the heirs of the mother of the female; and
(iv) lastly, upon the heirs of the husband of the female.”.

Amendment of section 15.

STATEMENT OF OBJECTS AND REASONS

The proposed amendment has been necessitated in view of the vast changes in the
social milieu over the past few years. Over the years, women have taken a stride in all spheres
of life. The consequence is that women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.

Social justice and the principle of equality as enshrined in article 14 of our Constitution
demands that the women should be treated equally, both in the economic and the social
sphere. Further, the Constitution of India not only grants equality to women but under article
15(3) also empowers the State to adopt measures of positive discrimination in favour of
women for neutralizing the cumulative socio-economic, educational and political
disadvantages faced by them.

The proposed Bill seeks to make changes in sections 3 and 15 of the Hindu Succession
Act, 1956 so that first preference is given to the parental heirs of the wife over the husband’s
heirs to inherit the self-acquired property of a women dying intestate in the absence of
husband and any son or daughter of the deceased (including the children of any predeceased
son or daughter).

It is expedient in public interest to make the aforesaid amendments with regard to self acquired
property of women in the parent Act.

Hence this Bill.

NEW DELHI; ANURAG SINGH THAKUR
November 29, 2012

Wednesday, 4 September 2013

Surrogate Child A Option for Child less Father of India?

Save Indian Family Yahoo Group every day we witness such cry from many Indian Fathers , who are refused to meet their own child years together in spite of paying child maintenance or even court order. Many Fathers have child visiting rights from court , but their wife do not brother to obey the court order and when husband go back to court to implement the order, they get only date after date.


On the other hand we witness cases where wife left the child , go to some world tour or get married to some other guy and after 3 or 4 years suddenly one day come to court and apply for child custody , the same immediately granted not even in Guardianship act, but in Domestic violence act.

Means getting the access of Child for a Father's if his wife refuse is impossible to get as per Indian law lead to huge mental abuse and depression among them. 
Recently we witness many suicide cases due to such emotional abuse going on India and neither Judiciary, Media or Law makers shown any concern to Promote the Joint Child Custody system in India. They failed to recornise it is not father or mother right , it is Child right to have access to both parents and money does not come in picture.

Child Visiting for Indian fathers day by day became very difficult due to various biased LAW specially Domestic Violence act , where by a single compliant the Fathers had restricted to meet the child as by default.

Mr. Sayad a bright IT engineer end his life in Bangalore in End his life in 2008 and before suicide he put a YouTube Video for the whole world how his wife ensure he can't meet his own child.
In 2013 in Delhi Mr. Rajesh a media Journalist also end his life as in spite of fight in court last 4 years and paying child maintenance, his wife not allowed to meet his own child and one day he end his life.

Last year in Bangalore in case of Mr. Rudy when he want to meet his child the court order to pay 10L rupees, he paid the same but more than 1 years past his wife still not bring the child to allow him to meet. 
Mr. Rup , flighted 2-years in court to get a child visiting order , but in last 1 years able to see his child hardly 30 min as his ex-wife always ready with new new story that child is not available in home.
Visit to family court room forget about child custody , even to meet his own child they have to fight in court for years and if at all the visiting rights given like 1 or 2hrs in a month, that also not obeyed by wives. Child visiting for Men in India became like a Paid service TV serial or a movie where the Ticket you have to buy with huge cost and that also no grantee after buy the Child visiting Tickets, you will be allowed to see your child.

More than 80% of such court order violated by wife under whose custody the child is and Judges unable to implement their own order.
Bottom line the Fathers of India had been treated as Free ATM machine only. More than 95% cases the child custody refused to them and even do not allowed a visiting rights for 2 or 3 hours in a week.

Result last 2 or 3 years many man of India looking for the option of Sarogated Child and attractively pushing for THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) BILL, 2008 (Click for Link)


While official statistics on the number of surrogacy cases arranged in India are not available, anecdotal evidence suggest a sharp increase. According to Delhi-based resource group SAMA, reproductive tourism in India alone is valued at over $450 million a year and was forecast by the Indian Council for Medical Research to be a six-billion-dollar-a-year market in 2008. Reports in 2011 pegged the market at over Rs2,000 crore.


Determination of status of the child –


(1) A child born to a married couple through the use of assisted reproductive technology shall be presumed to be the legitimate child of the couple, having been born in wedlock and  with the consent of both spouses, and shall have identical legal rights as a legitimate child born through sexual intercourse.

(2) A child born to an unmarried couple through the use of assisted
reproductive technology, with the consent of both the parties, shall be the legitimate child of both parties.

(3) In the case of a single woman the child will be the legitimate child of the woman, and in the case of a single man the child will be the legitimate child of the man.

(4) In case a married or unmarried couple separates or gets divorced, as the case may be, after both parties consented to the assisted reproductive technology treatment but before the child is born, the child shall be the legitimate child of the couple.

(5) A child born to a woman artificially inseminated with the stored sperm of her dead husband shall be considered as the legitimate child of the couple.

(6) If a donated ovum contains ooplasm from another donor ovum, both the donors shall be medically tested for such diseases, sexually transmitted or otherwise, as may be prescribed, and all other communicable diseases which may endanger the health of the child, and the donor of both the ooplasm and the ovum shall relinquish all parental rights in relation to such child.

(7) The birth certificate of a child born through the use of assisted reproductive technology shall contain the name or names of the parent or parents, as the case may be, who sought such use.

Laws regulating commercial surrogacy are at best fluid, differing widely from country to country. In other nations where commercial surrogacy is legal, like Russia or Ukraine, single parents or gay couples are allowed to hire a surrogate. In the U.S., regulations vary from state to state; in Arkansas, for example, single people are allowed to hire a commercial surrogate, but the rules are ambiguous when it comes to gay couples. In California, there are no restrictions on the service based on sexual orientation or marital status.

But with the Present situation of Indian biased treatment to Indian Fathers by Judiciary, LAW Makers and Media who converted the Child visiting right for Fathers = Paid service watching some TV serial/Movie show only, no emotion of child or father's taken into consideration will happily well come such step.
With the time we will see Surrogate Child only Option left for Child less Father of India as biased Domestic Violence LAW along with proposed New Divorce Bill, where your wife can run away with your child and you don't even have any Legal recourse in India to oppose that.

Thursday, 29 August 2013

What Diff between Vodafone Tax case Vs New Hindu Marriage Law ?

Vodafone win Case in Supreme Court , But what about 20Crs+ Indian Married Men?

Nearly five years after the Indian taxman issued the first notice to Vodafone international on September 2007 for failure to withhold tax on payments made to Hutchison Telecom, Chief Justice of India SH Kapadia and Justice KS Radhakrishnan pronounced their judgement.

(Click here to read the detailed Supreme Court order)

Vodafone had argued India doesn't have jurisdiction to tax the Hutchison deal because it was structured as a transaction between two overseas entities. The tax department had said it has authority because the underlying asset was Indian.


Vodafone wins $2 bn tax case in Supreme Court | Business Standard

 

Now after Lost the Case in Sc Government of India , The union budget presented amended the income tax act retrospectively from 1962, giving the taxman powers to scrutinise offshore merger and acquisition deals. Finance Minister Pranab Mukherjee later assured investors that deals more than six years old will not be reopened. This still leaves the sword hanging over the Vodafone case.
Now in case of Hindu Marriage Amended Bill, when many men married there was no Clause of 13F, special provision of Share in Property :

1. If wife file the Divorce after 3-years separation, husband can't oppose on ground Financials Hardship.
2. Without proving any Fault of Husband wife can Claim Share in Husbands ( before or after marriage hard earned)  Immovable+movable assets +Compensations , even court have to consider the Husbands Inherited & inheritable assets Value to order such compensations.
3. Husband is going to loose the Child as well as run behind the court next 10 to 20 years for 498A, DV act, CRPC125 etc.
4. Let wife had 100Crs Movable+movable assets ( some may you gifted her) along with her inherited or inheritable property in lacks , but husband will not have Rs.1 claim on that.

Now many men had not been engaged married to their present wife if such LAW had been in place when they got married.


RS approves Husband Killer Property Garbing LAW in name of Easy Divorce to Women.

D. Proposed Amendment: 13F and 28D:( Special provisions relating to disposal of property in proceedings under 13C)

Without prejudice to any customs or usage or any other law for the time being in force, the court may, at the time of passing of the degree under section 13C on a petition made by the wife, order that the husband shall give for her and children as defined in section 13E, such compensation which shall include a share in his share of the immovable property ( other than inherited or inheritable immovable property) and such amount by way of share in movable property, if any, towards the settlement of her claim, as the court may deem just and equitable, and while determining such compensation the court shall take into account the value of inherited or inheritable property of husband.

More than 20Crs+ men married under earlier Fault based divorce LAW which says if it is your fault you have to pay compensation to your wife, but if it is wife fault she is not entitle for any compensation.

But this 13C along with 13F take away that power form Indian husbands, let the fault lie in your wife, but it is you have to pay.
Now what option have for such more than 20crs+ men ? 
They got married under one LAW and suddenly one day Govt wake up and Say , Hey Men this is your New LAW of Hindu Marriage
.
Now you can't even fight in Court like Vodafone done , as SC will be hiding under article 15(3) and their repeated stand will be repeated, not interfere in Parliament LAW making process, let be against any Public interest or Country's Interest.
Amended to Income Tax LAW lead to loose confidence of many Company to invest in India, forget about FDI even more than 40% investment by Indian Company done outside India.
Let wait and see how this Hindu Marriage amended LAW change the total dimension of marriage system in India.
Many unmarried men may have option not to get married or marry outside India ( even to Nepal/Bangladesh/Srilanka/Thailand) , but what will happen to those already married in India like Vodafone invested their money in India without knowing that if Government loose Case in SC , they will amend the LAW itself to tie to pay for No Fault at your end.


Hence the sword hanging over the Hindu Married men the way the sword hanging over Vodafone in spite they win the case in SC.




Main objection to the Proposed “Marriage Laws (Amended) Bill,2010,

Monday, 26 August 2013

RS approves Husband Killer Property Garbing LAW in name of Easy Divorce to Women.

Your hard earned money/property does not belong to you.


The Bill allows parties to file for divorce on the ground of "irretrievable breakdown" of marriage, but if Husband file divorce wife can oppose the same on the ground of "Financial Hardship" but if Wife file Divorce Husband can't oppose it, plus wife can claim Property/money, Child from husband irrespective the Fault of her or Husband.

Rajya Sabha on Monday approved a proposal to make divorce a Husband killer LAW for Husband as it provides for the wife getting share in the husband’s immovable/movable property after “irretrievable breakdown” of marriage irrespective the fault of husband or wife.

The Marriage Laws (Amendment) Bill also seeks to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and children once the marriage legally ends.
The Bill allows parties to file for divorce on the ground of “irretrievable breakdown” of marriage. Both parties have to live apart for at least three years before filing for such a petition.

Provisions have been made to restrict grant of a decree of divorce on ground of “irretrievable breakdown” of marriage if the court is satisfied that adequate provision for maintenance of children has not been made consistently with financial capacity of the parties to the marriage.

Also, the wife has the right to oppose the grant of a divorce on the ground that the dissolution could result in grave financial hardship, but no such provision made for Husband, Kapil Sibal totally ignored that as per NCRB data every year more than 65000 married men ending their life.



Replying to a debate on the bill, Law Minister Kapil Sibal said it is “a historic peace of legislation” in a patriarchal society like India where women, who constitute 50 per cent of the population, own only two per cent of the assets ( A big lie, no such data provided), without any authentic data, but failed to reply how husbands are responsible for that? Girls parents/brothers does not give the property/assets to their daughter/sister, so want to punish the Husbands?

In India 10% people hold more than 90% property, does that mean Government will snatch the property from rich and give to poor? He forget to mention in India more than 80% Husband also does not have a own residence, who will give home to them?

He said the divorce is “gender neutral” as either the wife or the husband can seek divorce. However, the right over property/Child will not be gender neutral as wife can lay claim on husband’s immovable/movable property and also run away with Child.

During discussions, several MPs across party lines, even a Congress MP, suggested the Bill to be made gender neutral and should not be confined to Hindu marriages only.But their numbers fall Flat as BJP & Congress Join hands to pass at the time of voting.

The Bill seeks to amend Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
Mr. Sibal, however, noted that the legislation is in context of Hindu Marriage Act and the Special Marriage Act, a couple has a choice to get registered under the Special Marriage Act.

He said it would be the courts that would decided about the division of property post divorce.
“We have to trust our judges...Judges...will decide what (amount of) property will given to women,” he said.
The Minister, however, said there was no amendment which works against women and works in favor of men.

He said the Members of Parliament should show that they are on side of women in a patriarchal society let pass the LAW be Unfair/Biased, we should not worry at all.

Earlier, Najma A. Heptulla (BJP) said divorce is considered a taboo in India and efforts should be made to ensure that family structure remains intact.

She accused the government of not doing anything for the 10 crore women belonging to Muslim community. She promised BJP’s support to any legislation for betterment of Muslim women.

She also said there should be only one law for all women in the country.

But BJP had not opposed the Bill during Voting, is a clear evidence that both BJP & Congress Join hands to make this Husband killer law .

As per the statement of objects and reasons of the bill, Hindu Marriage Act and the Special Marriage Act have proved to be inadequate to deal with the issue where there has been irretrievable breakdown of marriage and therefore the need was felt for the amendments.

Supreme Court too had pointed out the necessity to introduce irretrievable breakdown of marriage and mutual consent as grounds for grant of divorce in all cases to reduce the litigation , so that both parties can move on in their life with peace.

“Having regards to the recommendations of the Law Commission of India and the observation of the Hon’ble Supreme Court...it is proposed to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, so as to provide for irretrievable breakdown of marriage as a ground of divorce thereunder subject to certain safeguards to the wife and affected children,” the statement said.

But Mr. Kapil Sibal failed to reply how such law is going to reduce litigation, when the cases like CRPC125, Section25, 498A , DV act, Child custody is not decided at the time of issue the divorce degree?

The Law Minister said husbands too can move Section 25 to claim maintenance from wife, but failed to explain, as per section 25 wife also can claim maintenance from Husband, then why he put 13F as a special provision for Wife , where as whole world use the word Spouse?

Ram Prakash (Cong), Narendra Kumar Kashyap (BSP), Jharna Das Baidya (CPI-M), Derek O’ Brien (TMC), Arvind Kumar Singh (SP), Renubala Pradhan (BJD), Vandana Chavan (NCP), Bharatkumar Raut (SS) and Gyan Prakash Pilania (BJP) also participated in the discussion.( Link)

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.


This bill also 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 marriage?

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?

Already in China we witness many unmarried women  protesting on road to seek a man for marriage, force China SC strike down such unfair/biased LAW in Public interest, but will Indian SC Judges have such honesty or power? Have to wait and see.


At the end feel sorry for all future Father less child, as divorce is going to increase in rapid speed, along with high increase of Spouse murder/suicide in India.

Welcome the LAW for Greedy People not for Needy People gifted by Mr. Kapil Sibal, LAW minister of India.


Main objection to the Proposed “Marriage Laws (Amended) Bill,2010,

Does Women safety = Ignore Men safety?


Recently Maharashtra Home Minister assured to all Women Journalist that he will Provide special security  when they are in Job.
Sounds a great idea as a populist measures without going to root cause of why Crime in Society increase?
Go through the Crime Bure report the Crime against men is increasing in rapid speed and more than 75% Murder reported in this country against men only.

Look at the Murder rate of Men vs Women :

Murder:
http://ncrb.nic.in/CII-2009-NEW/cii-2009/Table%203.3.pdf
Male Victims-24,441, Female Victims-8,718 Total Victims-33,159
Culpabale Homicide Not Amounting To Murder (Sec.304 and 308 IPC) During 2009
http://ncrb.nic.in/CII-2009-NEW/cii-2009/Table%203.4.pdf
Male Victims=3,529, Female Victims=753 Total Victims=4282

Now we wonder , can a society provide safety to Women ( Murder/Rape), when in their own society the Men are not safe?

In India the Crime Bure Report summarized the data of Crime against Women,Crime against Child, but they even not provide a direct Link/summarized report Crime against Men, it is you have to summarize your self.


Since 2005 we are providing  the crime data and murder data of NCRB to government, but they always put all to dustbin as the Media never shown any concern of "Safety of Men" as a need of society.
If you go through the report of "Committee to protect Journalist " and click in Gender shows 97% male Journalist Killed vs 3% Women Journalist.
On 24th Aug a Journalist in UP Mr. Akhilesh get murdered , but no Protest form any Journalist association or any candle march by common people of society, not surprised us , as we witness such biased approach in every institutions.
We have Death Penalty punishment for Murder, but the Murder is increasing day by day , which is evident beyond reasonable dought the Punishment increasing does not reduce the Crime.
The solution lies on the probability and risk : When some one do a crime, how much chances he have to get Caught? At present it is 10 to 15% percent on an average.
Recently in FM News people's voice we  heard 90% of Bribe by common Man goes to Police only-and Court staff only even as small as Rs.20 to Rs.20lacks.
Today you can trap any innocent LAW biding Citizen in Criminal cases as easy as ordering Pizza on the other Hand you can't catch the real criminal months/years together and if at all you caught them to punish them need 10 to 12 years and if You innocent to prove it need 10 to 12 years.
So, the root cause failure of  our Criminal Justice system and Police , leads to more /more stringent LAW in the form of Non-bailable , giving the more power to Police/Judiciary, leading to more abuse of Power and bribe industry.

The Failure of Police/Criminal Justice system to provide safety to Indian men never get highlighted or taken any corrective action.

All women activist/media running behind the women Safety issue , like in a desert desperately trying to find a  "Marichika" ( Look for a Water pond far ahead with hope running very fast, but when reach there don't find a drop of water).

History witness a country where your Men is not safe, dreaming women will be safe is nothing but fooling yourself.
Safety/Violence had never be a Gender issue and stop abuse of men with multiple unfair/biased law , as it leads to strength the power of abuse in the hand of Police/Judiciary only , it does not empower the real Victims.

Media friends must understand the Pain of a mother or Sister is not less when they loss their Brother or son or Father.

Thursday, 22 August 2013

Main objection to the Proposed “Marriage Laws (Amended) Bill,2010,

Main objection to the Proposed “Marriage Laws (Amended) Bill,2010, 


We had already submitted our objection and suggestions to parliament committee, but the present law minister totally ignore the same and even tamper the original bill even worse by making new amended, so we request either make the law gender neutral and respect natural justice or roll back the same immediately as this will became a “extraction law” than giving any natural justice to people.



A. The Bill must be gender neutral, if a wife have contribution to husbands property( movable or immovable) , any property made by wife ( movable or immovable) also have husbands contribution, so only Even in USA-Txas law the word used "Spouse" instead of wife or husband, other wise one sided law will create a disharmony, increase of crime, huge litigation in court for property disputes.

B. The benefit of divorce can't be equal to married relationship , as the obligation and responsibility after divorce change to either spouse. Even in 2010 china SC also amended the property division law to belongs to the spouse who made it , as such law made havoc in court cases and people started use the marriage as property earning business than love or care to each others.

C. Proposed Amendment: 13D (1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of decree on ground that the dissolution of the marriage will result in grave financial hardship to her and that in all circumstances be wrong to dissolve the marriage…..

Our View:

Right to oppose should be given to both parties The word wife to be replaced by the word "spouse".
The line to be added: The Divorce degree will be awarded only when all other cases against each others had been quashed or withdrawn and in future no cases will be filed against each other spouse. Otherwise the basic purpose of this law to reduce the litigation will be defeated.
Like :
There are other provisions of maintenance HMA 24/25, CrPC 125, DV Act, adding another provision is duplication and a tool to harass the husband
Rampant misuse of this section to harass the husbands
As per 13C(2), if she is separated for 3 years, she would have already approached the court in case of financial difficulties.
Another attempt to extort husbands (as in 498a and DV Act).

Our Proposed: “The respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to them and that it would in all the circumstances be wrong to dissolve the marriage. All cases pending, between the parties would also be quashed before granting divorce under Section 13C”..All case like 498A, DV Act and other litigations should be quashed before the grant of decree.”

Text of Amendments to the Bill, See item 5:  



D. Proposed Amendment: 13F and 28D:( Special provisions relating to disposal of property in proceedings under 13C)

Without prejudice to any customs or usage or any other law for the time being in force, the court may, at the time of passing of the degree under section 13C on a petition made by the wife, order that the husband shall give for her and children as defined in section 13E, such compensation which shall include a share in his share of the immovable property ( other than inherited or inheritable immovable property) and such amount by way of share in movable property, if any, towards the settlement of her claim, as the court may deem just and equitable, and while determining such compensation the court shall take into account the value of inherited or inheritable property of husband.

Our View :

The word wife and husband to be replaced by spouse which followed by all over world, even in USA-Txas the same is spouse.
If this law passed as per above, for example the wife have 1000 crs ( let it be given by husband also) and husband have only 10 lacks, but as per law, her 1000 crs can't be touched, but the husband 10 lacks to be divided and given to wife? This is totally injustice and against any natural justice System of the world.

The property accrued before marriage, either spouse should not have any right, as there is no contribution of other spouse on that, the contribution to be considered only on the property made after marriage and any claim to others property to be allowed if only the marriage obligation is more than 10 years.

So Our Proposed : 13F and 28D:( Special provisions relating to disposal of property accrued during subsistence of marriage in proceedings under 13C)

"Without prejudice to any customs or usage or any other law for the time being in force, in any proceeding under section 13C, at the time of passing of the degree , the court may on a petition made by "either spouse" order that the "other spouse" shall pay for "her/his" and children as defined in section 13E, as finciancail support such gross sum or share in the movable or immovable residential property towards settlement of property rights as the court may deem it to be just and equitable, "considering the duration of marriage" and any such payment shall be secured , if necessary , by change on the immovable residential property of the other party. For any claim each others spouses residential property, the minimum marriage duration should be considered as 10 years.

E. The law should be equal and must follow the natural justice and stop making assumption that all women born in Raja Harish chandra family and all men born in criminal family.

The person seeking Divorce on "No fault Ground" , should not get the same benefit , who seek the divorce by proving other party fault. A person should not be punished for "No Fault" in the name of easy divorce nor his/her hard earned accrued property movable or immovable should be garbed under any such biased law, which will create injustice and will create more disharmony in society which in result will increase the over all crime in India.

Are new divorce laws anti-men? - YouTube

► 11:39► 11:39

Monday, 29 July 2013

#StopElderAbuse: 63 Years old Sachin Protest in Front of PM House

Never did Mr. Sachin ,  a 63 years old sincere Govt. Servant imagine that his fate will bring him and his family to such a terrible juncture. 

Son of a freedom fighter, thin, frail Sachin worked as a post man at the Head Post office in Delhi for the last 35 years. Over all these years his meager earnings did not stop him from following his father's ideals.He brought up his three children with ethics and principles.He spent all his earnings and sold ancestral land to finance his only son's engineering education .

His eldest daughter was married off a few years ago.After finishing his engineering, his son got job in a small software firm and started earning some seven thousand rupees per month. That was of great help to Mr. Sachin and his family. 

But the relief was short lived. The problems started once Mr. Sachin's  son married. By that time, his son started working for a big MNC software firm Delhi.

His daughter-in-law came from a lower middle class family.Soon after marriage the daughter-in-law left for her parental home andwith a condition that she will return only if she and her husband(Mr. Sachin's son) stay separate from his family.All convincing by family elders were of no avail .

Finally, Mr. Sachin agreed to allow his son and daughter-in-law to stay in a separate rented house even against his son's wish. After all like a typical Indian he thought that his son's life was more important than his happiness. The problems did not subside . 

His daughter-in-law and her parents started insisting that his son must not pay a single penny for sister's education or some expenses for Mr. Sachin's family.
 
Mr. Sachin had spent everything saved on his children's education. He had even sold some ancestral land for education of his son. He gets paltry pension now which does not even cover the medical expenses of family.

By now Mr. Sachin's son said enough is enough. He put his foot down and told his wife that he is no more going to accept her non-caring nature for his age old parents and young sisters, he have to supports his family it is his moral duty.

His wife immediately left his house and next day Mr.Sachin's son heard there is police outside his company asking to see him. He reached police station along with his father.  

His wife with her lawyer uncle has complained at the police station that she is being mentally and physically harassed by her in-laws and husband along with a whole bunch of lies.

The counselors in police station started bullying them so that they will give in writing that Sachin's son must not pay any thing and must not visit his parents. 
Mr.Sachin's son refused. 

Mr.Sachin'sdaughter-in-law gave the ultimatum that if they do not comply in 2 days,she will get the entire family arrested and put inside jail.
 
Next day morning, police walked into their house and arrested Sachin ,his wife, his son, his younger daughter studding BSC in a local college.
 
The FIR was lodged by his daughter-in-law that she was harassed mentally and physically and that is enough under section 498a of Indian Penal Code for arrest of all family members without any investigation by police.

After 4 days, a family friend got a lawyer to apply bail for the entire family. In another 5 days, the family got released and returned home.The bail had the condition that Sachin  must visit police station every Monday morning and give attendance.

Now, the entire family is shattered. Mr. Sachin cries "My daughter-in-law ruined my family."

He went to the local NGOs and women organizations seeking some help.They told him to get lost. He keeps running to local Human Rights organizations.They all told him that they have not time for people who are falsely accused under section 498a and they have high priorities like women empowerment and other human rights issued.  

Mr. Sachin retorts "Isn't my wife a woman ? Is not my UN-married daughter women who got jailed without any fault ?The daughter-in-law and son were staying separately and where is the question of harassment ?"

The daughter-in-law has not complained of any dowry harassment as no dowry was taken by their community. She had only complained of mental and physical harassment. Mr. Sachin wonders how can innocent women, old people be arrested with just the word of a daughter-in-law and that too without any investigation.

He asks "How does Indian constitution allow people to be arrested just by a single line of complaint by a vicious daughter-in-law ?"

Now government Proposed another another LAW IRBM the "New divorce law", where if a daughter-in-law file a divorce case after 3-years his son can't oppose and divorce will be granted without proving any Fault of his son, but he have to give her the share for the inherited Home in which he and his UN-married daughter staying . The case 498A will continue again for next 10- to 15 years to found who is at fault , but before that Mr. Sachin have to loose his home without any confirmation, he or his son or daughter is guilty or not.

The contribution of a Father for his son's education/carrier for 30 Years no rewards , in old age he does not have any right to Son saving/earning , but a Young educated Daughter-in-law have right to even his inherited Home by default , let she had contributed in marriage even for 1 day or 1-2 years.

#IRBM  another LAW to promote the Elder abuse and property garbing in India COMING SOON...... "irretrievable breakdown of marriage".

63 years old Mr. Sachin reach to PM House to Roll Back such unfair/biased/property garbing law, when maximum are prefer to sleep in optimization, that such law will never hit them as the chances of a Divorce cases in their life or their son  or brother life is 0% like Mr. Sachin used to think. 




Join SIF Team to Stop this legal terrorism of India and demand to replace the word Husband/wife to Spouse to all marriage related LAW or policy like all over world follow instead of making assumption that all wives born in Raja Harish Chandra family ( never lie) and all husbands born in Criminal family.