SERIOUS OBJECTIONS TO MARRIAGE LAW (AMENDMENT) BILL 2014.

SERIOUS OBJECTIONS TO INTRODUCTION OF MARRIAGE LAW (AMENDMENT) BILL 2014.

Click Here to Know proposed 13C/D/E/F of the Bill. Main objection to Proposed “Marriage(Amended) Bill 

With this Press Release, we members of Save Family Foundation hereby want to register very serious and strong objection to the process followed for the introduction of Marriage Law (Amendment) Bill. We have learnt from the latest news reports and from our calls to the Legislative Department of Law Ministry, and by meeting the Hon’ble Law Minster Sri. D.VSadananda Gowda that the Government is about to Introduce a new Law, Marriage Law (Amendment) Bill in this Winter Session. The draft bill is to change Hindu Marriage Act, 1955 and Special Marriages Act.

Photo By Mark : Stop treat Men as Free ATM in the Name of Alimony

With this Press Release, we also wish to bring to your kind notice the CLEAR VIOLATION that Legislative Department has done while processing the new Draft. As per Pre-Legislative Consultation Policy (PLCP), decided on 10^th January 2014, it was decided, that  “The Department/Ministry concerned should publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.”

We bring to your attention to this Notification dated 5^th February 2014, D.O. No. 11 (35)/2013-L.I., which mandates the ministry to Publish the Draft Legislation in Public Domain for ATLEAST 30 days and in fact notify the affected people. Unfortunately, the current draft clearly violates this very important procedure laid down by the Committee of Secretaries (CoS) under the Chairmanship of Cabinet Secretary.

We also wish to submit to you that the Draft which saw widespread Public concern/panic, cannot be pushed again without having passed the Constitutional Procedures laid down in our Democracy.This is the same Draft bill which never saw the light at the end of the tunnel during previous government as BJP itself realized how disastrous this law was for Hindu Family and Hindu Men.The Bill was opposed by various segments of society and even ministries and got International-wide attention on India for proposing such a draconian law.

In spite of all the above, it is really SHOCKING and heart-breaking that the New Visionary Government, under a dynamic leadership who pledged “SABKA SAATH SABKA VIKAS” has not taken the TRANSPARENT route and is behaving same as the previous Congress led UPA Government now.

GRAVE FAR REACHING SOCIAL AND ECONOMICIMPLICATIONS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL 2014:

1. 1. LOSS OF FAMILY VALUES AND FALL OF INSTITUTION OF MARRIAGE IN INDIA

• Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far reaching consequence. With divorce no more being a taboo in India, the incentive of women taking divorce would work as reverse DOWRY menace where women would marry for property and not for family or love.
• China in 2010 amended a similar property annexing law when it found that it being misused extensively by women to grab property through marriages. With misuse of gender laws in India close to an all-time high, this is not the climate to introduce another dangerously draconian legislation. [1]

1. 2. SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABALE

• Assets/Properties are acquired after years of hard work and not because of few years of matrimonial life. Losing hard earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.
• The Battle of Mahabharata was fought for five villages. With the proposed amendments the home of every Husband’s family is going to be in trouble. This Bill if passed in its current form may result in the very person sought to be benefitted/ protected becoming a victim of violence for protecting property as there is hardly any faith in the biased legal system. Will the BJP be willing to take full responsibility for this dangerous social disruption?

1. 3. INDIAN ECONOMY WOULD BE ADVERSELY IMPACTED & INDIA WILL NOT BE perceived as safe destination for FDI

• When the society is in unrest and family values are broken, the dream of “Make in India” would go for a toss. Economies like Vietnam, Thailand, Philippines, Pakistan, Sri Lanka, Fijiwould grow and India would lose the unique opportunity it has to lure the world for “Make in India”.
• Indian men in fear of possible loss would stop buying properties and it would have adverse consequences to the nation’s economy.
• People would start accumulating wealth in alternate form like gold etc., which would result in a dull economy that believes in secure accumulation than investment for growth.
• With wealth and real estate not safe in India, Indian Men would surely think of investing in other countries the Black Money would be created and kept in secret. Today also in USA if a person shows $100K worth of investment to be made he is granted Green Card in no time. This way there is a brain drain and wealth drain as well.

1. 4. MASS CONVERSION FROM HINDU TO OTHER RELIGIONS

• Hindu men would want to convert to another religion to minimize their risks in matrimonial life. This mass conversion has its own extremely dire social complications.
• Hindu Men would stop marrying or do SAGOTRA VIVAH to keep the property in the gamily. This would itself create many honor killings and people taking law in their hands.

1. 5. INCREASE IN BACKLOG OF MATRIMONIAL CASES IN INDIAN COURTS

• It is an established trend and confirmed by Apex court that, in failed marriages women are grossly misusing IPC 498a and DV Act for extortion. This amendment will be another tool and further distress families.
• India has the youngest of the average population. There is a unique combination of youth and skills in this age group. Most of the relationship/marriage/family troubles occur in this age group. If this age group is not ina stable family and relationship state the productivity of INDIA would go down drastically when most are deeply immersed in litigation battles.

FLAWS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL 2014:

1. The Bill, out-rightly violates the essence of Article 15 of Indian Constitutionwhichprohibits discrimination against any citizen on the grounds of religion or gender.  The Bill is also  unconstitutional as it takes away the basic rights of husbands, even to defend him or save his marriage, whereas the very same Bill gives the same rights only to the wives.
2. Internationally in similar law, property consideration in deciding permanent alimony is purely done on equitable financial contribution to property and duration of marriage and also based on conduct of both the parties. In present bill the contribution, duration, assets and ability of female spouse and liabilities and ability of the male spouse is completely ignored.
3. It completely ignores that a wife gets her share of inherited property from her parents under the latest Hindu Succession Acts. Blindly entitling wife for share in property at the divorce time under this no-fault divorce law is against social justice and completely not gender neutral. All men are assumed to be rich and wife is assumed to be poor which is clearly not true.
4. Even though a marriage can fail due to the fault of the husband or the wife, the bill essentially extends the “Financial Assistance” clause only to the wife and not to the husband and this is patently anti male.
5. When husbands are the petitioner for a divorce, the wife will be allowed to use the ‘Financial Hardship’ condition to block the divorce till her monetary demands are met, thereby legalizing extortion.
6. When a wife is the petitioner for a divorce, even though the husband may be in a “Financial Hardship” he will have no legal provision to claim monetary assistance from the wife or even to save his marriage.
7. This Bill would be widely misused against the husband who will be forced to “pay and buy” a divorce, reducing the institution of marriage into “Glorified Prostitution”.
8. Government’s intention of reducing back-log of matrimonial cases would not come through with this amendment, instead of letting the couple to arrive at a mutual consent it would only pressurize men and would get into an endless court battle in higher courts and would further increase.
9. Government’s logic of ending the financial hardship of a divorced wife is completely flawed as even as per government 70% of Indian population needs Food Security let alone have a house or property. In other 30% only 10% own their own homes and in those only a small percentage is Hindu that falls under this amendment. This bill is not going to bring a social change or security in any way when seen holistically.

OVERHAUL OF THE FAMILYLAWS IN INDIA IS NEEDED INSTEAD:

1. Hindu Marriage Act is conceived as an overall a gender neutral act and it must not me made gender biased in anyway.
2. The maintenance and alimony sections (HMA 24 and 25) must be brought up-to-date considering the enhanced education, earning capacity and women friendly work atmosphere in the country.
3. As women can and does inherit the property from her own parents under the present laws, women being given any direct or indirect share in in-laws property is illogical and against natural justice.
4. Consideration of any property while determining Alimony should be as per the financial contribution by husband and wife.
5. In case of non-financial contribution, devise a formula to evaluate minimum duration of marriage for applicability of property division as well as devise a formula to evaluate the contribution.
6. Pre-Nuptial Agreements should be made legal so as not to make marriage a gamble for Indian citizen and containing the risk of (breakage of) a marriage.

ALTERNATES FOR ENSURING FINANCIAL ASSITANCE & EMPOWERMENT FOR DIVORCED SPOUSE:

Marriage is an institution which if it does not work should not be a punishment for one party (husband) and a reward for another (wife). To empower women in true form, work opportunity should be provided by the state for a woman who faces grave financial hardships; adequate measures should be devised to address it, instead of penalizing husband alone.

We recommend the following measures to be strictly implemented:

• Hindu Marriage Succession Act of 2005 be strictly implemented. The woman’s share in her parent’s property should be SuoMoto given to her either at the time of marriage or at the time of Divorce is filed in the court (by either party) if the party wishes.
• In cases of unemployed women or women with long career break, State should take the responsibility of providing employment and livelihood to divorced wife, Employment for Divorced wife in line of Mahatma Gandhi NREGA must be institutionalized. A Divorced Wife Welfare Fund may also be created for financial support to them in line of the Food Security Bill.

OUR DEMANDS:

1. By attempting to create draconian marriage breaking laws like Marriage Law Amendment Bill on one hand and to legalize prostitution on another, the government has made its intentions very clear on what its wants to do with the sacred Hindu Family.  This bill needs to be immediately stopped and public opinion must be sought through an extensive public debate.
2. Issue the Draft for Public Opinion and responses on the Draft Bill.
3. Involve stake holders of similar stature in drafting procedure i.e., if there are no Men’s Rights Authority (like National Commission of Men) who are part of drafting then even Ministry of Women and Child Development and National Commission of Women MUST not be allowed to participate in this procedure.
4. Initiate the process of formation of National Commission of Men involving bodies who have been working for Men for years to bring the equitable balance back into the society in terms of Laws and Law Making process.
5. Initiate a Parliamentary Committee (Joint Select Committee) procedure to relook at the Draft and see if there is a need of such a law and if it is as per the guidelines of Hon’ble Supreme Court or being formed under pressure of some interested parties.
6. Amending section 13D and making it gender neutral and allowing both the Husband and Wife to pray for ‘Financial Hardship’.
7. Providing a clear & objective definition of “Financial Hardship’ so that this term is not interpreted in a wrong way and divorces are not sold by wives. All other maintenance cases filed by the wife, like Sec24, CrPC 125, DV etc, should not be allowed to continue, blocking the judicial dockets, as the relief sought in all of them, will also be available in this Bill only.
8. Creating objective parameters for calculating financial assistance like tenure of the marriage and relative sacrifice made by the parties in the marriage.
9. Reduce separation period from 3 years to 1 year under Section 13C – petition for divorce only after 1 year of marriage.

10.  Include condition of finishing/quashing all litigation before divorce is granted so that both parties can live peacefully and that judicial burden can be reduced.
11.  Condition of closing child custody litigation before granting divorce under Section 13C, so that rights of child to seek the involvement of both parents are not taken away from it.

Sir, we earnestly request your immediate intervention since such half-baked hastily prepared formulations, sans due consultation, & based on unfounded prejudices, have the potential to grievously imperil the social fabric of the society. This is apart from the stupendous economic impact caused by the matrimonial disputes and their offshoots including criminal cases. It is well acknowledged that Indian laws, i.e. the legal framework that enables a society to believe in justice and devote its energies to productive endeavors, has not kept pace with the times, is badly outdated and is designed more to benefit the legal fraternity than the litigating parties, howsoever pitiable and needy they may be. Strife and discord can only harm a society’s march towards improved quality of life. You have enthused the nation by giving it a vision, courage to dream big and faith in its ability to achieve the same but all this would necessarily require a healthy society where the mind is fearless. We request you to take decisions that have far reaching consequences after due thought and consideration.

Looking forward to your kind help and support and immediate action as per the Prayer .

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[1]http://www.telegraph.co.uk/news/worldnews/asia/china/8714097/China-tries-to-stop-women-marrying-for-money-rather-than-love.html
Click Here to Know why China SC scraped such LAW.

Think 10 times before vote to Mr. Kapil Sibal in Elections 2014.

When, in 2005, Save Indian Family Movement was founded, Men were already ignored and the Law Makers, under the pressure from heavily funded Feminist groups were coming up with Legislation which in name of Women Empowerment were creating “assassin’s weapon” to penalize Men and bring in more and more hatred against men in the society.

Since then, Save Indian Family (SIF) Movement has helped over 10 Lakh families across the globe who have been suffering at the hands of various Gender Biased Laws of India. Through it’s various NGOs, including Save FamilyFoundation, Delhi (Regd. NGO), SIF has been tirelessly working towards bringing peace and harmony to lives of Men and their family members dues to various False and Frivolous litigation instituted via these “Easy to Misuse” Gender Biased Laws.

In the coming Elections2014 SIF and their associated NGO's appeal to all abused/depressed Men and their family members to think 10 times before Vote to Mr. Kapil Sibbal along with all Face book and Twitter users also, as all of you must know:

Kapil Sibal's Law: Tweet and go to jail - Rediff.com India News

For the Same even Supreme court of India had asked government to re-look the same , but Mr. Kapil Sibal had not taken any action to re-peal  law , as it looks he is more interested to send people behind the bar if any think written against against Government and thus try to shut the mouth of all Young Voters of India.

RS approves Husband Killer Property Garbing LAW in name of Easy Divorce to Women.

Your hard earned money/property does not belong to you. You are going to loose your hard earned money/property/child under this law even without any fault of 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. Let wife have 100 crs but husband will not get one rupees but if husband have 10L saving for future , he will be forced to give 50 to 70 %, even without any fault of him.

Mr. Kapil Sibbal said the divorce is “gender neutral” (is a pure lie, as the word had not changed from husband/wife to spouse, as followed by all over world), 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 erstwhile Law Minister, Shri Kapil Sibal, had the opportunity to bring back the trust of the

society into the Law Making process and ensure the Natural Justice system in India ,  but he chose to work otherwise.

Looking at such kind of treatment given to the very People who he represented & such backstabbing done to the society, Men’s Rights groups across the globe would be campaigning against Mr. Sibal. Kapil Sibal is the contestant for Indian National Congress from Chandani Chowk, Delhi. We, with this Press Release, would request all voters to not to trust candidate like Mr. Sibal who misused & abused his power of a Cabinet Minister.

We, hereby advise all voters to think 10 times before vote to Mr. Sibal . You may vote any other candidate of your choice or can vote under NOTA (None of the above) option.

Or

You have option to Vote to Mr. Kapil Sibbal and bring your own death like every year more than 68000 married men ending their life under suicide as per NCRB data.

HINDU SUCCESSION (AMENDMENT) BILL, 2013 By ANURAG SINGH THAKUR, M.P.

Already Kapil Sibal desperate to pass a Husband Killer Property Garbing LAW in name of Easy Divorce to Women.

The main reason had given that women in India does not have property and whatever a Husband earned to that wife also have contribution,so she should get the right irrespective the marriage run for 10 days or 10years. So, instead of making the same Spouse , he pushed that only Husbands immovable+movable + inherited/inheritable assets to be considered by Court and wife should get her share irrespective the Divorce happens for the Fault of Husband or wife.

Any immovable+movable + inherited/inheritable assets belong to wife should not be touched at all .

The question he never answered what about the property immovable or movable assets a wife earned , does not have any contribution of Husband to that?

The arguments totally overlooked,  the Hindu succession Act provide the daughter also share in  inherited/inheritable assets of her parents , why the same should be considered and if her own parents or brothers does not give her her share and she face financial Hardship, why to blame the husbands family and punish them for no fault?

Now the Hypocracy of LAW makers witness in another amended in the name of  HINDU SUCCESSION (AMENDMENT) BILL, 2013 By ANURAG SINGH THAKUR, M.P.

A women's self-acured Property/assets ( movable+movable) in absence of Husband's/child, it should go to women's Parents only not to Husband's Family heirs, means what ever assets ( movable+immovable) in her name let it be she earned from husband or husbands family, but it will go to her parental heirs only. 

Where the need of such amended the main reason given :

The proposed amendment has been necessitated in view of the vast changes in the
social milieu over the past few years. Over the years, women have taken a stride in all spheres
of life. The consequence is that women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.

Means it is established self acured assets earned by a wife , there is no contribution of Husband or her family members, fair enough !!

But the unanswered question , why the same logic does not apply when wife or family claim her contribution in husband's not only self accrued assets even inherited/inheritable assets?

Yes, that is the ground reality as I also witness in last 10 years I am in Delhi and stayed in 6 rented Home and among that 5 house owner was a Women only not a Man!

Even many people do not know in agriculture Land more than 9.2percent in the name of Women , more than 90% movable assets in the form of Gold/Diamond/Jewellery in custody of women only, but Kapil Sibal came out some imaginary figure only 2% assets belong to women without any supporting authentic data.

As per cencess data In Delhi approx 30 Lacks House 9.2 lacks are rented house and 80% of those house owners are Women, not men.

Now to make a LAW in this country the logic and ground reality does not matter when it comes to grab men's hard earned assets by Legal Extortion.

Indian Men are suppose to work his whole life like a donkey and one day die in Heart attack. In case he face any financial hardship , he can't even use his own saving for rainy days.

Law makers repeatedly misusing  the provision of constitution 15(3) with logic positive discrimination Government already make many biased law like 498A, DV act, CRPC125 and now on the way New Marriage LAW ( IRBM).

Our Supreme Court is silent for more than 30 years against government's such abuse of Indian constitution's special provision under 15(3), as per their wish and killing the Natural Justice.

Result today witness marriage relationship converted to a money extortion business, but we have to wait and see does our SC judges have courage like China SC, who had made null/void such law, as any rights comes through marriage towards the property/assets of husbands does not valid after Divorce. No fault Divorce can't  be a ground to snatch each others hard earned assets, which against basic fundamental rights of individual to live and liberty.

Media , Judiciary, LAW makers no one will take corrective action , but many men today asking #Y2marry?

Injustice some where is direct threat of Justice every where , hope all understand and demand the word Spouse instead of Husband/wife, so that the LAW should not be Unfair/biased and became a TOOL of Extortion like 498A , DV act.

----------------------------------------------------------------------------------------------------------------

A BILL further to amend the Hindu Succession Act, 1956. Bill No. 17 of 2013 TO BE INTRODUCED IN LOK SABHA.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
1. (1) This Act may be called the Hindu Succession (Amendment) Act, 2013.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.

2. In section 3 of the Hindu Succession Act, 1956 (hereinafter referred to as the
principal Act), after clause ( j), the following clause shall be added, namely:—
“(k) “self-acquired property” means any property including both movable and
immovable property acquired by a female Hindu by her own skill or exertion.”


Amendment of section 3. 30 of 1956

3. In section 15 of the principal Act, in sub-section (2), after clause (b), the following clause shall be added, namely:—
“(c) if a female Hindu dies intestate, her self-acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any predeceased son or daughter), shall devolve, not upon the heirs as referred to in subsection (1) in the order specified therein, but in the following manner:
(i) firstly, upon the mother and the father of the female;
(ii) secondly, upon the heirs of the father of the female;
(iii) thirdly, upon the heirs of the mother of the female; and
(iv) lastly, upon the heirs of the husband of the female.”.

Amendment of section 15.

STATEMENT OF OBJECTS AND REASONS

The proposed amendment has been necessitated in view of the vast changes in the
social milieu over the past few years. Over the years, women have taken a stride in all spheres
of life. The consequence is that women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.

Social justice and the principle of equality as enshrined in article 14 of our Constitution
demands that the women should be treated equally, both in the economic and the social
sphere. Further, the Constitution of India not only grants equality to women but under article
15(3) also empowers the State to adopt measures of positive discrimination in favour of
women for neutralizing the cumulative socio-economic, educational and political
disadvantages faced by them.

The proposed Bill seeks to make changes in sections 3 and 15 of the Hindu Succession
Act, 1956 so that first preference is given to the parental heirs of the wife over the husband’s
heirs to inherit the self-acquired property of a women dying intestate in the absence of
husband and any son or daughter of the deceased (including the children of any predeceased
son or daughter).

It is expedient in public interest to make the aforesaid amendments with regard to self acquired
property of women in the parent Act.

Hence this Bill.

NEW DELHI; ANURAG SINGH THAKUR
November 29, 2012

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,

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!

RS approves Husband Killer Property Garbing LAW in name of Easy Divorce to Women.

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,

Main objection to the Proposed “Marriage Laws (Amended) Bill,2010,

Main objection to the Proposed “Marriage Laws (Amended) Bill,2010, 


We had already submitted our objection and suggestions to parliament committee, but the present law minister totally ignore the same and even tamper the original bill even worse by making new amended, so we request either make the law gender neutral and respect natural justice or roll back the same immediately as this will became a “extraction law” than giving any natural justice to people.



A. The Bill must be gender neutral, if a wife have contribution to husbands property( movable or immovable) , any property made by wife ( movable or immovable) also have husbands contribution, so only Even in USA-Txas law the word used "Spouse" instead of wife or husband, other wise one sided law will create a disharmony, increase of crime, huge litigation in court for property disputes.

B. The benefit of divorce can't be equal to married relationship , as the obligation and responsibility after divorce change to either spouse. Even in 2010 china SC also amended the property division law to belongs to the spouse who made it , as such law made havoc in court cases and people started use the marriage as property earning business than love or care to each others.

C. Proposed Amendment: 13D (1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of decree on ground that the dissolution of the marriage will result in grave financial hardship to her and that in all circumstances be wrong to dissolve the marriage…..

Our View:

Right to oppose should be given to both parties The word wife to be replaced by the word "spouse".
The line to be added: The Divorce degree will be awarded only when all other cases against each others had been quashed or withdrawn and in future no cases will be filed against each other spouse. Otherwise the basic purpose of this law to reduce the litigation will be defeated.
Like :
There are other provisions of maintenance HMA 24/25, CrPC 125, DV Act, adding another provision is duplication and a tool to harass the husband
Rampant misuse of this section to harass the husbands
As per 13C(2), if she is separated for 3 years, she would have already approached the court in case of financial difficulties.
Another attempt to extort husbands (as in 498a and DV Act).

Our Proposed: “The respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to them and that it would in all the circumstances be wrong to dissolve the marriage. All cases pending, between the parties would also be quashed before granting divorce under Section 13C”..All case like 498A, DV Act and other litigations should be quashed before the grant of decree.”

Text of Amendments to the Bill, See item 5: http://bit.ly/1eW8lJK  



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.

Our View :

The word wife and husband to be replaced by spouse which followed by all over world, even in USA-Txas the same is spouse.
If this law passed as per above, for example the wife have 1000 crs ( let it be given by husband also) and husband have only 10 lacks, but as per law, her 1000 crs can't be touched, but the husband 10 lacks to be divided and given to wife? This is totally injustice and against any natural justice System of the world.

The property accrued before marriage, either spouse should not have any right, as there is no contribution of other spouse on that, the contribution to be considered only on the property made after marriage and any claim to others property to be allowed if only the marriage obligation is more than 10 years.

So Our Proposed : 13F and 28D:( Special provisions relating to disposal of property accrued during subsistence of marriage in proceedings under 13C)

"Without prejudice to any customs or usage or any other law for the time being in force, in any proceeding under section 13C, at the time of passing of the degree , the court may on a petition made by "either spouse" order that the "other spouse" shall pay for "her/his" and children as defined in section 13E, as finciancail support such gross sum or share in the movable or immovable residential property towards settlement of property rights as the court may deem it to be just and equitable, "considering the duration of marriage" and any such payment shall be secured , if necessary , by change on the immovable residential property of the other party. For any claim each others spouses residential property, the minimum marriage duration should be considered as 10 years.

E. The law should be equal and must follow the natural justice and stop making assumption that all women born in Raja Harish chandra family and all men born in criminal family.

The person seeking Divorce on "No fault Ground" , should not get the same benefit , who seek the divorce by proving other party fault. A person should not be punished for "No Fault" in the name of easy divorce nor his/her hard earned accrued property movable or immovable should be garbed under any such biased law, which will create injustice and will create more disharmony in society which in result will increase the over all crime in India.

Are new divorce laws anti-men? - YouTube

► 11:39► 11:39

#StopElderAbuse: 63 Years old Sachin Protest in Front of PM House

Never did Mr. Sachin ,  a 63 years old sincere Govt. Servant imagine that his fate will bring him and his family to such a terrible juncture. 

Son of a freedom fighter, thin, frail Sachin worked as a post man at the Head Post office in Delhi for the last 35 years. Over all these years his meager earnings did not stop him from following his father's ideals.He brought up his three children with ethics and principles.He spent all his earnings and sold ancestral land to finance his only son's engineering education .

His eldest daughter was married off a few years ago.After finishing his engineering, his son got job in a small software firm and started earning some seven thousand rupees per month. That was of great help to Mr. Sachin and his family. 

But the relief was short lived. The problems started once Mr. Sachin's  son married. By that time, his son started working for a big MNC software firm Delhi.

His daughter-in-law came from a lower middle class family.Soon after marriage the daughter-in-law left for her parental home andwith a condition that she will return only if she and her husband(Mr. Sachin's son) stay separate from his family.All convincing by family elders were of no avail .

Finally, Mr. Sachin agreed to allow his son and daughter-in-law to stay in a separate rented house even against his son's wish. After all like a typical Indian he thought that his son's life was more important than his happiness. The problems did not subside . 

His daughter-in-law and her parents started insisting that his son must not pay a single penny for sister's education or some expenses for Mr. Sachin's family.

 
Mr. Sachin had spent everything saved on his children's education. He had even sold some ancestral land for education of his son. He gets paltry pension now which does not even cover the medical expenses of family.

By now Mr. Sachin's son said enough is enough. He put his foot down and told his wife that he is no more going to accept her non-caring nature for his age old parents and young sisters, he have to supports his family it is his moral duty.

His wife immediately left his house and next day Mr.Sachin's son heard there is police outside his company asking to see him. He reached police station along with his father.  

His wife with her lawyer uncle has complained at the police station that she is being mentally and physically harassed by her in-laws and husband along with a whole bunch of lies.

The counselors in police station started bullying them so that they will give in writing that Sachin's son must not pay any thing and must not visit his parents. 

Mr.Sachin's son refused. 

Mr.Sachin'sdaughter-in-law gave the ultimatum that if they do not comply in 2 days,she will get the entire family arrested and put inside jail.

 
Next day morning, police walked into their house and arrested Sachin ,his wife, his son, his younger daughter studding BSC in a local college.
 

The FIR was lodged by his daughter-in-law that she was harassed mentally and physically and that is enough under section 498a of Indian Penal Code for arrest of all family members without any investigation by police.

After 4 days, a family friend got a lawyer to apply bail for the entire family. In another 5 days, the family got released and returned home.The bail had the condition that Sachin  must visit police station every Monday morning and give attendance.

Now, the entire family is shattered. Mr. Sachin cries "My daughter-in-law ruined my family."

He went to the local NGOs and women organizations seeking some help.They told him to get lost. He keeps running to local Human Rights organizations.They all told him that they have not time for people who are falsely accused under section 498a and they have high priorities like women empowerment and other human rights issued.  

Mr. Sachin retorts "Isn't my wife a woman ? Is not my UN-married daughter women who got jailed without any fault ?The daughter-in-law and son were staying separately and where is the question of harassment ?"

The daughter-in-law has not complained of any dowry harassment as no dowry was taken by their community. She had only complained of mental and physical harassment. Mr. Sachin wonders how can innocent women, old people be arrested with just the word of a daughter-in-law and that too without any investigation.

He asks "How does Indian constitution allow people to be arrested just by a single line of complaint by a vicious daughter-in-law ?"

Now government Proposed another another LAW IRBM the "New divorce law", where if a daughter-in-law file a divorce case after 3-years his son can't oppose and divorce will be granted without proving any Fault of his son, but he have to give her the share for the inherited Home in which he and his UN-married daughter staying . The case 498A will continue again for next 10- to 15 years to found who is at fault , but before that Mr. Sachin have to loose his home without any confirmation, he or his son or daughter is guilty or not.

The contribution of a Father for his son's education/carrier for 30 Years no rewards , in old age he does not have any right to Son saving/earning , but a Young educated Daughter-in-law have right to even his inherited Home by default , let she had contributed in marriage even for 1 day or 1-2 years.

#IRBM  another LAW to promote the Elder abuse and property garbing in India COMING SOON...... "irretrievable breakdown of marriage".

63 years old Mr. Sachin reach to PM House to Roll Back such unfair/biased/property garbing law, when maximum are prefer to sleep in optimization, that such law will never hit them as the chances of a Divorce cases in their life or their son  or brother life is 0% like Mr. Sachin used to think. 

Join SIF Team to Stop this legal terrorism of India and demand to replace the word Husband/wife to Spouse to all marriage related LAW or policy like all over world follow instead of making assumption that all wives born in Raja Harish Chandra family ( never lie) and all husbands born in Criminal family.

Effect of Divorce on Indian Men !

• #Scrap498a & Stop #Fakecases - YouTube

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The effects of divorce differ by situation and personal circumstance and may be different for men and women.

Most dangerous stage for men is, waiting for divorce (maximum crime of spouse murder/suicide occurred) than after divorce. as marriage disputes in India, irrespective the man is right or wrong ,they had been abused, blackmailed, treated as Free ATM machine in front of society/police/court every where. In India marriage disputes had been termed as crime for men, not for women. Recently one Great Anchor of NDTV argued as 60% Divorce filed by women means women are harrased, but same anchor do not forget to term any Men as Wife beater/dowry seeker when 40% Men file for Divorce.

Awaiting for divorce and the suicide statistics of crime bure report reflects the same.


• Crime Bure data 2012 : Married Men Sucide : 63343 vs Married Women Sucide 32000.Still there is no LAW to Protect Men why?

After divorce the men’s life became more comfortable or worse, it depends purely on how troublesome was his marriage, what type of Divorce litigation he faced.

Perception shift:

Till 1990 or up to 2000, the basic perceptions were, a divorced woman is means she is a liberated women and a divorced men means he is a wife beater/abuser, thanks to special law 498A in 1983.

But 2000 onwards the same got changed and the society slowly accepted that A divorced men also can be victims of Domestic violence in terms of financial abuse, mental abuse, sexual abuse , physical abuse and the same reflects in the Suicide statistics of Men vs Women. As the divorce rate will increase more and more the same perception change will increase more, some one like it or hate it that is the fact of irony.

Going through a divorce is never easy for anybody; however, there are certain effects of a failed marriage that occurs more often with men, than with women. When a marriage is about to be dissolved, emotions often runs high, and a lot of important financial decisions have to be made.

This is almost always a recipe for disaster. As a general rule: Never mix emotions and finances, or emotions and legal matters.

Effect of Divorce on Indian Men:

1. Financial effect: Huge loss irrespective the men is right or wrong.
2. Government support: Due to no men welfare ministry and no shelter homes, no one cares for men.
3. Emotional effect: Depend on type of trouble he faced, type of marriage they have, time spend together, child involved or not and the last think the type of divorce man got.
4. Loss of child access: Major problem and maximum divorced men suicide related to that.
5. Social effect: It is not exactly loss, his the social and networking circle got changed, attract towards more unclear family instead of joint family.


Personnel life:

1. Try to Enjoy their work place much better than previous.
2. Spend more money for their self use/fun/enjoy/travel/satisfactions of life.
3. Get less angry for small issue.
4. Became less expected in life.


With the present set up , when the country like USA , who had more than 50% divorce, their child taken the initiative for marriage more workable and the divorce rate is reducing, the country like India and Asian country divorce is increasing and that is the hard reality, as we always think the rivers other side is better than our side.

Situation in USA:

Fifty percent of all children are children of divorce. Twenty-eight percent of all children are born of never married parents. Divorce is expensive. Aid for Dependent Children (AFDC) resources are drained by the needs of divorced and single parent families; including the cost of collecting child support.

For men:

1. Men are usually confronted with greater emotional adjustment problems than women. The reasons for this are related to the loss of intimacy, the loss of social connection, reduced finances, and the common interruption of the parental role.
2. Men get remarry Proposal more quickly than women but prefer to refuse more often.
3. As compared to “deadbeat dads,” men who have shared parenting (joint legal custody), ample time with their children, and an understanding of and direct responsibility for activities and expenses of children stay involved in their children’s lives and are in greater compliance with child support obligations. There is also a greater satisfaction with child support amount when negotiated in mediation. Budgets are prepared, and responsibility divided in a way that parents understand.
4. Men are initially more negative about divorce than women and devote more energy in attempting to salvage the marriage.

With the learning from USA social impact, our aim and action as a commando of SIF movement should be to avoid the nasty divorce and promote more shared parenting, as though the society had more or less accepted the divorced men and women in open heart, but still there is some discrimination towards the divorced child.

If divorce is unavoidable, try to make the legal and financial matters strictly apart from the emotional matters, even if it tears you up inside, the alternative is a prolonged, expensive battle, that in many cases will make long lasting emotional scars on both sides, and prevent chances of a future reconciliation.

Statistically up to 15% of all divorcees end up reconciling with their former spouses, this figure could be higher if the divorce was handled in a friendly or even in a business-like manner.

Most important think is need to make the Divorce related law, less personal money earning business and less attractive and gender neutral policy/law, or be ready to increase the divorce rate and it is good or bad only future child will give the answers.

“Divorce is not the solution to a troubled marriage; but Indian men have very less choice, as there is no men well fare ministry who can think about them.

Thanks to India’s more than half dozens anti-male law and multiple litigation like 498A, DV act,CRPC125,Section24, Section18, biased adultery LAW and lot more are on the way very soon in the form of IRBM where a men may even loose 50 to 80% of his saving for " No FAULT" !!! ”

This is called the present Justice system in India and equal right in India, made by India Government.

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!

For a wife even adultery also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.

 So for men filling Divorce in India means moving From Frying Pan to Fire