Wednesday, 5 August 2015

Indian Women are not liable for maintain Minor child or Old parents?

Responsibility to run Home should be on Women too : Says Judge Ms. Mona

We all know how women organizations and radical feminist gang keep blaming Indian society and mind set regarding preference of Son than girls in India. Given enough examples of how unfair Indian parents are towards their girl’s child.

But do you know who had promoted such mind set?

Do you know how they treat their own age old parents?

Do you know it is the women of the family prefer a son than girl’s more than male members?

Read the law CRPC125, the law was proposed by such women and radical feminist organizations only.

It may be noticed that Section 125(1) of Cr.P.C. reads as below:--

"Order for maintenance of wives, children and parents: -- (1) If any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate , as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in Clause (b) to make such allowance, until she attains her majority if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means."

The question for consideration is whether the mother is liable to pay maintenance under Section 125(1)(b) of Cr.P.C. ?

It is true that in Clause (b) of Section 125 of Cr.P.C., the word used are 'his' legitimate or illegitimate minor child, and on that basis, it has been tried to be urged by many learned counsel for the petitioner that a mother would not be covered under this clause and cannot be held to be liable to pay maintenance.

Same way, women can’t be liable to maintain to her age old mother or father also as the word mentioned His, not his or her.

Go through Old age study, Elder abuse 32% by Daughter, 44% by Daughter-in-law, totally 76% and only 24% by son , but still as per DomesticViolence law an age old parents can’t file any case against daughter or daughter-in-law .

So, legally Indian women is not liable or responsible for any support to their own child , own age old parents , not punished if they do any Domestic Violence in family , where as every men is legally liable to maintain not only wife, child, age old parents , even Live-in partner also.

There were some HC judgements were available, where court had observed like, educated healthy women can’t simply sit idle and seek maintenance, earning women can’t refuse to maintain own child, but none of them got any node from Government when amended of law proposed. 

Like the Crpc125 had gone through many amended, like remove the cap for interim maintenance from Rs. 500 to Rs. 1500 and then remove all together and made it unlimited.

The CRPC125 also made the amended the word “Lived in adultery” to “living in adultery” lead to massive increase of adultery in India as women know if they got Caught red handed in adultery then also husband can’t refuse maintain her , as husband have to prove , she is still living in adultery . Tell me which stupid will continue the same when got caught red handed?

Result the wife advocate just say one word , she may be lived in adultery , but no evidence still she is living in adultery , all effort of Husband gone in dustbin. Keep paying her till she alive in-spite her wrong doing you caught red handed and proved in court.

Laws Loaded Against Men

So, the bottom line in when an India women is neither responsible nor liable to maintain even own child, age old parents and forget about Husband.  One must wonder, then what responsibility assigned to Indian women as per law.

NGOs working for men had bring the same to notice of Government , National commission of Women , Media houses , when we all agree on principal of No Work No Pay , then why you advocate to pay money to wife, when she is not staying with her Husband , even well educated , healthy also ?

When you are not staying with your husband, you have full free time and you can definitely work than sitting idle at home and keep claim money from husband, but when law gives you such free lunch why she will even try to work?

Unfair law promotes unfair practice only. If our government and women organizations really want fair treatment to women, they must amend the CRPC 125 as under:

1.      The word wife to be replaced by Spouse.
2.      The word His to be replaced by his or her.
3.      Living in adultery to be replaced by the word “Lived or living” in adultery.

If the same not done forget about any gender equality in this country and stop cry foul and keep blaming why Indian Parents prefer a son than daughter more or men should change their mind set.

First change your own mindset and accept every right comes with responsibility, at least take some responsibility for own child and age own parents in the law book, time being forget about taking care Husband.

We wonder under which university or collage it had been taught that by making unfair law, bring fairness in society? We would love to visit such education institutes.

Many of Misandric-Male haters will came out with logic, today’s women already taking care of their child, parents and even husbands also, right?

If so, why not get the same approved and recognized in the LAW book itself, when law does not recognize your effort which you claim doing for so long?

We know our Politicians and women organizations will never dare to amend such unfair law, as they themselves also enjoy the benefit of No Work but get paid, so it’s up to Supreme Court to take suo-motto action and correct the laws in the right sprite of Indian Constitution article 21: Right to live and liberty than hiding under special abused provision of 15(3).

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Partha said...

Indian feminists always want to create such biases and demonize Indian men. Today I heard some women are saying "breast feeding hurts". God knows where these feminists are taking us. I feel global brands are behind such campaigns and they are secretly trying to destroy our society.

Sahil Kapoor said...

Nice article and very nice findings. I would like to share one more favourism to daughter in law which is not highlighted. There is an act called "Maintenance of Parents & Senior citizen Act 2007" under Section 4 of the Act is concerned, DIL would not fall within the definition of Section 2 (a) (children) and (g) (relative) nor would parents in laws fall within the definition of Section 2(d) (parent) and, therefore, an application against the DIL for maintenance as defined in Section 2 (b) would not be maintainable. So the DIL is spared in this Act too. If DIL is claiming her rights in the shared households and our judicial system is granting the RTR to these DIL then why can't parents in laws claim maintenance from DIL if the son is earning less or lost his job due to false cases.

SIF should add this point also to its goal and mission to fight for rectification in this Act, 2007 for the provision to get maintenance from DIL's. Regards. Long live sifians and long live SIF to stand besides the victims who had lost faith in the judicial system.

ab said...

The only purpose of feminists is all they want is that a woman should enjoy a life of comfort and luxury at the cost of men.They 'womanipulate' everyone by crying foul and blaming men. This they have been doing right from the beginning of civilization during the prehistoric era when they chose the comforts of the cave over earning livelihood. If only they consider woman to be strong and equal then why don't they take responsibilities? They want to have all the rights but no responsibility.If they are equal then woman paying maintenance to husband should be equal to the number of men paying maintenance to woman. This only proves their dirty purpose of enjoying life at the cost men. Why a wife is entitled for maintenance? what is her contribution towards husband's earning? She should only be entitled for 50 %of her contribution. Further if she has caused a loss to husband she should compensate the same.
Rights are there to fulfill the responsibility. If there is no responsibility there should be no right. Men have all the responsibility but no right whereas woman have all the rights but no responsibility. Who is exploiting and torturing whom? The dirty design is obvious but why the people in the government choose to go the wrong way is ?????

neeraj juneja said...

Nice article.