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,
