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,

1 comment:

ExpressJodi said...

Fertility Rituals

Marriage is one of the biggest fertility rituals Known in Indian culture. When two people get married. they are said to enter grihasta ashram where they are expected to bear children. satify their sexual urge, earn money and follow religious practices. Hindu marriages profess the idea of coming together of the energies and paving way to a new creation.

Offering of Grains

Throughout India, one thing that remains common to all communities is offring of grains in wedding ceremony. Mostly rice, puffed rice or whole grains, these grains are fed to the sacred fire in different ceremonies.

Importance of Shiva's Bael leaves

Holy Bael leaves are proffered in several ceremonies before the wedding and after it. In many communities in india, before the wedding day arrives, Bael leaves are placed in earthen pots which are topped with different kinds of cereals. After the wedding, the sprouted seedlings are then released in a flowing river or a pool. This ritual is performed to invoke blessings of Lord Shiva upon the married couple and pray for their progeny.

Vishnu's pious Lotus

As per mythology, at the time of creation of the universe, while lord Vishnu was pondering over the creation of mankind, a pious lotus rose out of his navel. On that lotus was seated Lord Brahma who paved way to the creation and illumination of the universe. Thus, lotus remains symbolic of procreation, birth and fertility. It is Therefore, offered during wedding puja to the gods to confer potency upon the couple. Also, At the time of a Hindu wedding, the bride and the groom are given the stature of Goddess Lakshmi and Lord Vishnu because they represent the eternal companionship and exemplify how a relationship between husband and wife should be.

Nose ring

Usually seen as a piece of accessory, almost all brides sport nose ring on their wedding day. In some communities, girls are told to get their nose pierced before they tie the knot.

Sacred coconut rituals

Across India, since time immemorial coconut has enjoyed its association with human fertility in a sacrosanct manner. In Gujarat, there is a ritual of bride presenting a coconut in a customary way to the groom at the time of the marriage. Here coconut is symbolic of the progency of the couple that the bridegifts the groom. Of all the fruits, coconut is most closely related to human skull because of the three marking on its base that resemble human facial features.

The mantras of virility

During saat pheras in a Hindu marriage, there are several mantras that are chanted for progency of the couple. While the first phera is for a long lasting companionship, in the second Phera, "Kutumburn rakshayishyammi sa aravindharam", the bride promises the groom that she will fill his with love and will bear children of him.

The History

There was a time when potency was considered as the be all and all of all activities. The earliest ritual of fertility among Hindus can be dated back to the Harappan civilization where it has been discovered that people worshipped clay figurines of a mother goddess who represented fertility. Several phallic symbols representing gods in sitting position wearing bull's horns (Bull being a universal symbol of male potency) have also been found at the sites of indus Valley Civilization. As the world evolved and ancient civilizations paved way to the modern societies, marriage started being considered as a mandatory ceremony before women could conceive. Also, the idea of marriage was propelled by the thought of having the family legacy move ahead; so that families could get heirs.