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.
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
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,