Showing posts with label divorce maintenance alimony. Show all posts
Showing posts with label divorce maintenance alimony. Show all posts

Saturday, 29 July 2017

Judgement Madras HC in CRPC125 - Stop Treating husband like Armless Soldier.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2017 CORAM THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN RESERVED ON :07.07.2017 PRONOUNCED ON :.14.07.2017 CRL.RC. No.276 of 2013 and M.P.Nos.1 and 2 of 2013.

At this juncture, it is to be stated that the trial are not to treat the husband like "armless soldier" and pass the maintenance award in on Mechanical manner.

While, arriving at quantum of maintenance for the wife and children (in maintenance proceedings), it is stated that Family Court (Judicial Magistrate Court dealing with the issue) as to take the entirety of the circumstances of the financial liability of the husband.

Admittedly, while arriving at the maintenance award for wife and children, the attitude of the trial Court especially, the Family Court awarding amount more than 2/3rd proved income is deprecated. Furthermore, it is to be stated that the fact that a husband who is a son to his father is liable to maintain the aged parents (in many case senior citizens) cannot be brushed aside lightly.

Besides, the moral obligation, there is a statutory obligation cast upon the every son to maintain the parents which is also falls under Section 125 of the CrPC and therefore, the trial Court ought to have weighed the entire circumstances as placed before the Court and to have reasonable assessment financial burden on the shoulder of the husband.

Thus, while awarding the maintenance in favour of wife and children the Court should take into consideration his responsibility to look after the aged old parents, since the husband has been fastened with statutory objections to look after and maintain not only his wife but also his parents under the very same Section 125 of CrPC.

Full Judgement : ( Click Here ) 




Saturday, 14 January 2017

To Stop Abuse Men Vote 4 NOTA in upcoming Election !!

We have witness many trending hash Tag in twitter supported by many men as well as women,  like #StopMisuseofRapeLaw, #StopAbuseMen , #Scrap498A , #SaveMale , # StopMenSuicide , #StopElderAbuse , #MenAreHumantoo , #No2maintenance  etc , but none of the Political Party had given any Place in their manifesto as concern.


The safety, suffering , crime against men and their other family members had been ignored by all most every Political Party, as they know we men are not united for our own Constitution right, result we had been taken as granted.



Now , if you really want to stop such misuse of Law or necessary correction to be done in Law’s , there is no other option but to Join hands together and give a clear message to all Political party that we men & their family members are not Free Vote Bank any more.




One may love it or hate it , but fact is it's Political party elected MP/MLA only can change any Unfair laws, and all MP/MLA does any activity on the hope to get increase in their vote share  only .


Even 2 or 3% increase or decrease in their vote share makes huge difference in their number of seats won or lost.



One hand we witness some political Leaders out of country cry in the name of Mother, but does not provide any Protection such age old mothers when they get abused in their own home by Daughter-in-law.


Many political leaders talk about they want to remove the pain of women of this country, but got silent when we say , in this country every 6 min a mother or sister loss their own brother or son, does their pain is not considered as Pain of Women ?

In this Country every 8 min one women’s brother or son or husband had been termed as rapist or molester and subject to blackmailing or extortion via various Unfair Laws, does their pain is not a women’s pain?



Unfair Laws or policy can’t bring fairness in any society it only lead to hatred in Society and destroy the society harmony.  When Society harmony get destroyed , it only increase violence , crime , extortion and it’s common men and women pay the price , history witness.


So, we appeal to all, if any party members call you or visit your Home for seeking Your Vote, give this below list ( must Print) and ask them to include their stand in their party manifesto first, and then only you will review to whom you should vote instead of your own Party "NOTA".

Your Party : NOTA


Please let us know:


·         As per NCRB report the victims of Murder, accident, suicide of Men are 2 to 3 times than women. To address the crime against men and their day to day problem, do you agree to form a Men welfare ministry and Commission?

·         Do you agree to replace the word Men/Women to person in all anti-men laws like, rape, molestation, Work Place harassment, Domestic Violence act, crpc125? The above mentioned laws are poorly drafted and heavily biased against the husbands/men and their families leading to Legal Terrorism and subject to Legal extortion?

·          It was promised in Last Rajya Sabha Committee report, if arrest in most grossly abused IPC section like 498A does not get reduced, there is no option but to make 498A bailable . The NCRB data also shows there is no reduction of arrest even after crpc41A, so do you agree that such laws should be made bailable?


·         What steps will your party take to stop heavy misuse of “Gender Biased” laws and consider the same heinous crime and strong Punishment followed, as present IPC182 and crpc340 had totally failed to control massive misuse of law on innocent men.

·         Do you agree that the differences between husband and wife should be treated as a civil matter (and not Criminal) like all over developed country followed than creating multiple Laws in the name of seeking maintenance should be stopped?


·         Do you agree to scrap the present unfair laws, which allow multiple maintenance and criminal litigation against Husband in multiple courts, when constitution said a person can’t be punished twice for same offense?

·         Do you agree to form a single law with word “Spouse” by replacing the word Husband / wife  in all marriage related laws start from dowry to Alimony?


·         Why you support for giving maintenance to even educated, working, well bodied or adulterous wife, when they are not taking care any responsibility of Husband’s liabilities?

·          What will your party do to ensure that no arrest is made before Final Judgment/ Order in case of a complaint only with verbal allegations under various assumption based law that a women never lie?


·         What is your stand on equal rights on children’s (Shared Parenting) in case of separation of parents?



In case you do NOT receive any reply, tell them we will be forced to assume to that you too, like other Political parties consider Men as disposable gender.





So, better to #Vote4NOTA your own party,  than voting to a party candidate, who does not consider men as human , who also victim of crime , Violence , sexual assault along with subject extortion and blackmailing via multiple #Fakecases  in home and workplaces .


The day your party NOTA will attract more than 10 to 15% vote then see , all political party will be forced to consider Men are Human too and they need a welfare ministry or commission too to address their problems. The NOTA (none of the above) symbol, being used for the first time in Bihar, came about after the designers had taken feedback from villagers below the poverty line and semi-literate voters found that they, too, related the cross sign with rejection. 



Friday, 9 October 2015

Unfair CRPC125: FREE ATM Password Of Indian Wives !!

Unfair Law CRPC125 : A FREE ATM Password for Indian Wives - A Film Coming soon for Indian Men !!!


Beg, brow or steal but have to pay or Go to Jail. Job-loss is not a ground to deny maintenance for Husband but Job loss is a Ground for wives to seek maintenance from Husband !!

Must Read : Indian alimony laws: Anti-men? 

 






Every Men in India are under high risk of #Fakecases at Home, Office, Road due to multiple anti-Men #Unfairlaw - which became Blackmailing/Extortion Tool. To survive or #FightBack knowledge is Key. Law is not any rocket Science. Buy & start Read Law Books Now!



Monday, 13 July 2015

Indian alimony laws: Not Anti-men?



In the Hope4Men Work-Shop organized by SFF in association with Hridaya , one can witness many cases that make you wonder, like a husband facing fake/fabricated allegation by his wife that he dumped her for the reason that she was carrying a girl child.




But when child actually born it found the child is boy, not girl. Till date no court able to punish her for her such blind lie documented in women cell as well in court petitions.

Hope for Men Work Shop , Delhi



But the major problem had been witness, how Indian men facing extorting of money legally as well illegally start from wives, police, advocates and even by some court staffs also along with Fear of arrest, fear of losing Job.


Except money, money and money, everything else failed to make their wives happy.



Out of 200 cases, found only 3 cases where the wives had not demanded any money, rest all cases wives are openly demanding lacks of rupees in front of judge, police. But none had termed the same as extortion or blackmailing.

It reminds me the wonderful advertisement of Pay-Tm. The advertisement maker nicely captured, in India how from a child hood a men’s role had been defined as Provider to women irrespective of the women’s age, education or working status.


Story:
Story: The man is in a hurry, as he is getting late to work. But, his sister has to tie a Rakhi on his hand. The man, somehow, complete the ritual, and runs as fast as he can. The sister says, "Kaisa Bhai Hai?" (What type of a bother he is?)
In the next few minutes, her mobile rings, and she sees the message that her brother had sent Rs. 2000 via PayTM. On receiving the message, she says: "Itna bura nahin hai" (He is not so bad), with sweet smile.



The advertisement done well impact to Indian , as that’s the mindset we live in, a man is provider and if he failed to do so, he will be termed as useless men. The same kind of mind set maximum women carry forward  and imply to their boyfriends or husbands also.

Bottom line as long as men is provider and keeps paying your bills; he is not a bad guy. But for any reason he is unable to pay your bills or refuse to pay due to your wrong doing , the man will be termed as criminals, via various anti-men law like crpc125, molester, rape, wife beater, dowry seekers a long list of IPC.

We was having a balanced gender neutral maintenance / alimony law section 24 , but some Misandric mind set of law makers prefer to form another law called CRPC125 , with a intention to provide some interim relief to women and child ( forget the word Men) and the cap was Rs.500 per month. Then the same increased to Rs.1500 per month.

But the same cap now removed and made unlimited. Result the basic intention and purpose of law had been changed. In maximum cases in the name of Interim maintenance husband’s 30 to 50% income had been stanch way without considering the merit of case and then the case dragged years after years.

Maximum cases the wife’s earning, assets, ability to work, her education always ignored. So, without provide any support or care of husband, she is eligible to get lifelong maintenance in the name she got married.

When law was made there was a clause, if the women found lived in adultery the maintenance should be denied. But the same also tampered and the word “Lived” had been changed to “Living” by some crooked organizations and fooled the law makers. 

The impact of a single word like change from “lived” to “living” leads to a situation where even you caught your wife red handed in adultery and then submits all evidence to court with a hope to get justice. But wife’s a simple word, I am not living in adultery and your entire defense have to go for a full toss and judge will happily throw your petition out of court.

Now the harassment does not end here, there are DomesticViolence act and there also the same principal of CRPC125 apply. Another law for women only (law makers again forget the word Men & Spouse) and the in the name of interim relief it continues without merit of cases.

So, the basic purpose of Interim relief had been abused and the chances of review of any wrong/biased order also had been stopped by HC /SC in various judgments, first pay then will hear your petition.
A gross abuse of the above law is evident from the courts room filed by various wives, against her husband. Even though the lady although working in —– has deliberately  hidden this fact in  the court case and has mentioned that she is not working or became Jobless and living permanently with her parents or relative, just to get maintenance from the courts from her husband.  

Courts used to avoid making any effort to find her all assets/income/ITR details by using CRPC91 before passing any interim order.

Even a small child also will be finding difficult to justify such ideology: When a wife is not staying with her husband, she is not taking any responsibility of marriage, then how can she just sit idle and keep claim maintenance for life-long irrespective of her duration of marriage?

That’s the perfect reason many western country limited the alimony/maintenance linked for Limited time ( like for 3 years or 7 years) depend on duration of marriage. Un fortunately our Indian law makers failed to understand the same and keep making multiple laws and twisting the existing laws without put any long term vision or effect.

"What's sad that we even witness many lob less man who can’t find a suitable job is also forced to pay a woman who is working by taking loan or taking money from their age old parents," says Amit a 38 years guy of Delhi.

Amit is part of a growing movement pushing for changes to alimony laws via represent to member of government authorities, but till date going to deaf years.

He added , it’s time to make new single alimony law considering different types of alimony with varying durations, depending on length of marriage and the finances and assets of each spouse than continue with present multiple laws for a same relief.  

Many Advocates for changing alimony laws argue that they need to be updated to reflect 21st-century marriages. They say that judges have too much discretion in divorce settlements and often order Husband (their only crime they earn well) to pay lifetime alimony to wives even if she is capable of supporting themselves.

"There need to be limits to the duration of alimony and caps on the amount you pay," says Mukul another Volunteers of SIFNetwork .Tom  "You could be married at 25, divorced at 35 and spend the next 50 years paying alimony. There should be consistent treatment across the board where you can predict what's going to happen based on law, not a judge's arbitrary decision."

"In a country where there is lifetime alimony, there seems to be a presumption that the person who receives alimony never has any obligation to take care of herself — even if she is educated, healthy or even have past work history,” even  some women like Shilpa added.


Number of times SIF network represented to various government authorities with suggestion to come out from Misandric mindset that let the man beg, borrow or steal, but it’s your responsibility to feed your wife rest of the life irrespective of any reason.

Summary of suggestions made: 

1.      The multiple maintenance claim to be stopped immediately as even a murder caused can’t be prosecuted by twice for a same offense.

2.      The word husband/wife to be replaced by Spouse.

3.      Interim maintenance to be caped and time limited instead of unlimited and drags for years after years.

4.      The word “Living in adultery” to be replaced by Lived or living in adultery, as person can’t take advantages of her own wrong doing.

5.      No one should be allowed to sit idle, if they can’t find job, must be ordered to work at least 8 hours in a day for various social community service like many country have.

6.      Government must allocate funds for destitute men or women at least for 3-years, where other partner can’t provide financial support.

7. Urgent need of Income Tax relief as paying alimony / maintenance is UN-avoidable expenses.


So, what are you’re thought regarding our Indian anti-men, Misandric multiple maintenance law like crpc125/Domestic Violence act / Section 24, would love to here in my comment section.



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