WCD propose Marriage Contract Law like Prenuptial ?

When I came to know from various news that present WCD minister working with a module in the name of marriage contract or popularly known in rest of the world as Prenuptial agreement, remind me in 2007 itself I send a mail about that to them, which was put in dustbin.

As marital bliss eludes couples, pre-nuptial agreements mark their Indian debut 

Prenuptials agreements have been finding their way into marital unions in India too, but there's a problem: Indian law does not recognise these pacts, rendering them useless. Now Maneka Gandhi's Ministry of Women and Child Development has initiated moves to change this.

It is outlining modalities for introducing prenuptial agreements into the existing legal system as an option for couples.

Now, my concern , hope this proposed law also should not be anti-men , like we witness they had done in earlier domestic violence act, work place harassment act, where the word person was replaced by women and spouse was replaced with husband. Hope this time also the same should not happen.

So, the question how it should be the proposed Marriage Contract Law of India and how it can be enforceable in India?

Prenuptial are enforceable guidelines, contrary to popular perceptions it is not only about financials but is much more.

Prenuptial agreement is more likely to stand up if it meets the following conditions:

1. The Agreement should be fair, and duly acknowledged.

2. The Agreement should have attorney certification from both parties as well.

3. The Agreement should have clause stating that if any provision of the agreement is
     invalidated, the rest of the agreement still remains in effect.

4. There should be listing attached showing each spouse's assets and liabilities.

5. The Agreement should have all the clauses of agreements arrived at between the
     prospective spouses.

6. The Agreement may also contain the necessary history of proposed alliance.

7. The Agreement should be reviewed by separate lawyers and duly certified by them.

8. The Agreement should be setting out each party's assets, debts, and property rights before the marriage, settling issues of division of property and of spousal support in the event of marriage breakdown.

That means, if the both party are genuine, transparent and do not have any pre-planned ill mind, will accept the same before marriage itself.

The Prenuptial Agreement cannot counter Section 498A IPC at all, but may reduce the damage

Caused by misuse of the law .

Some of those people, who refuse to see dangers and consequences of false 498A or Domestic Violence Act cases and brush aside the truth, thinking nothing is going to happen to them, may find this as cheap insurance policy like medical Insurance, which is not very popular in India.

It has got three Modules:   Entry Module, Operations Module, and Separation Module.

A. Entry Module:

Examples of preconditions: 

1.HIV tests
2.Horsoscopematching (Optional)
3.Proof of age
4.Passport copies, getting a passport
5.Proof of educations
6.Trial Period
7.Mode of calling of the marriage.
8. Expense sharing for preparation of marriage
9. Expense sharing or compensation in case of calling of the marriage
10.Gift register (setting limits)

B. Operations Module

1.Lifestyle
   Example: How will the various items required for running marital will be bought
          1. Car (who buys or who rents)
          2.house
          3.Furniture..etc.
      

 What percentage money will each put for common pool also called as marital pool.

How will the common pool be operated?

What happens if one person puts from their pool into marital pool is it to be treated as gift or a zero percent loan to the other spouse.

Example: if a husband becomes unemployed then the wife would put in some money is it to be treated as marital expense or loan to the marital pool) 

 Who gifts what to whom, setting the limit of yearly gift from close relative .Limits can be set on what can be maximum or minimum limits.

In case of financial despair acceptable sources to tap and the modalities.

2. Definition cruelty: You are setting certain expectations from your spouse here as all the Indian marriages act says mental cruelty depends in the conditions. This gives you a chance to clearly define these are a not acceptable and this are acceptable to some extent, also you can grade it to cruelty, violence and crime.

3. Household chores (cooking, cleaning etc)

4.Child planning (when, how many, where)

5. Define exception conditions (Example if the couple cannot conceive then adoption or surrogate or intravital ) 

6.Rules of staying away ( Transfer )

7.Rulesof abortion ( Either or both )

8. Rules of meeting parental obligations ( in-house, in complex etc )



C. Separation module

• Define the alimony ( indexed on wholesale Price index, index on income , limiting alimony based on tax limits etc ).
• Define the shared parenting responsibilities (residence, schooling, clothing, food. Mode of collection of the Childs needs).
• Define the rules for division of marital property (Operation module defines how the marital property will be accrued).
• Define residential rules for children.

 How to enforce such Marriage Contract or prenuptial agreement in India ?

Now as I had discussion to a smart retired judge (who doesn’t) want to   be known and asked him if a Prenuptial agreement was valid in the court of law .He smiled "why not "and said my opinion it could definitely be valid, if you follow certain procedures and amend the Present contract act along with a note in all Marriage related law the previous agreed Marriage contract to be considered as valid.

The way to do it is to file for declaration of marriage in the family courts under the "Special Marriage Act" along with your documents, witnesses and the deed of Prenuptial.

That would be treated as your engagement.

Take next date and solemnize in the family court in the next date.

Orders are passed and you are declared married.

With this document get the whole order registered in the Registrar office and you have married with an enforceable prenuptial in courts.

But he says such a prenuptial is very likely to be enforceable as the courts have married you by accepting the prenuptials.

A marital pool has to be defined regardless of assets.

The prenuptial agreement in India stand a very good chance of enforcement in India if the prenuptial is certified by the court easily and with open mind and this is possible in the "Special Marriage Act" where in the magistrate goes through all the documents and then declares the marriage based on those. 

Just Married !!

A magistrate can refuse the marriage in certain circumstances. eg: if one of the spouses is below the age of marriage the magistrate can dismiss your petition for declaration of marriage or if the magistrate feels the some clauses are unfair then also he can dismiss but once the magistrate has accepted the prenuptial agreement in India then for demanding money or anything beyond prenuptial agreement in India the onus is one other party to prove additional circumstances. 

Don’t think that prenuptial agreement in India are just two to three pages. Nothing can be far from the truth. A good prenuptial may go to 40 to 50 pages.

There is no grantee such contract give 100% success of your married life, but at least be honest , be transparent to your would be spouse , which you perceive to do at present verbally , it’s time to get documented.

Maneka Gandhi Hate Speech: Men are Root of Violence ?

As per various news reports Ms. Maneka Gandhi , present Women and Child Minister(WCD) and BJP MP, believes the root of all Violence is Men.

Earlier when Maneka Gandhi accused of hitting forest employee, she was Approached for comment, Ms. Maneka Gandhi told reporters outside Parliament: “I am not even answering things like this.”

Now just imagine if any Male Politicians claim that as per History and all Mythology proved beyond reasonable doubt: “The root of all Violence is Women”, what would have been reaction by all Electronic Media.

The real root of all Violence are not men or women , the real root cause of all Violence we witness due to such Hate Speech by Women like Maneka Gandhi only. Earlier Gujarat Chief Minister Anandiben Patel also get away when she termed poor boys as  Rejected Maal ( Product).

Thanks to Maneka Gandhi , since morning I got at least 72 request from various men and women , let burn the effigy of Maneka Gandhi at Jantar Mantar.

You had already converted lacks of peaceful men to violent men by your hate speech which we term promotion of Misandry in society.

My mother not like you Maneka Gandhi nor I am Varun Gandhi !

Unfortunately my mother never teach me to support or get provoked by any Hate speech in the name of gender, religion or caste , so asked them to ignore such rubbish comments the way we done earlier  also when we witness your Son's or Husband's provocative comments.

Because we know very well who will be the maximum Victim of such Violence advocated by women like you.

Just check the number of men gets murdered or victim of attempt to murder it’s 3 times more than women as per NCRB reports.

There are number of international study reports where it had been conducted with both genders , it had found women are not less root cause of  Domestic Violence . But you even refused to conduct a simple gender neutral Study , which was promised by earlier WCD ministers. You know very well the day any gender neutral study reports will come out , your false claim will be vanished like bubbles, so you prefer to avoid it repeatedly.

One of such YouTube below shows the Violence against men by Women, but the same never recornised by Indian Government in their Domestic Violence act.

Since 2001 the number of women charged with Murder and attempt of murder also increased whipping 10% to 40% as per NCRB reports, but you keep proposing laws how to protect the criminal or rapist women of India .

We know none of sensible Leaders of BJP including Narender Modi have courage to tell that to Ms. Maneka Gandhi that such comments is nothing but pure Hate speech and root cause of all violence.

Since the start of world, it’s the women always get away with their all abuse and hate speech against men. In 21^st century, it became fashion abuse men, blame men for any problem let it be shortage of Electricity or lack of Toilets in your home or in school, you became famous in social media.

No one is ready to understand the fact and truth due to their Misandric mindset.

Yes, Madam you have proved us how a women Like Maneka Gandhi can create disharmony and violence in society the way Supernakah done in Ramayana. There is no shortage of Pooja Mishra or Indrani type women in 21st century.

But don’t think we all Indian men are like your Husband Sanjay Gandhi or your Son like Varun Gandhi, so prefer to put your rubbish comments in Dustbin only.

As I always said , the day women like Maneka Gandhi will learn to respect other women, forget about men, 90% violence and crime in the society will be vanished. Time to men wake up and not get triggered their instant Protector hormones in provocation of women , learn from History and mythology.

Root cause of Disharmony in society and violence is not men, its hate speech by women like Maneka Gandhi only.

After effect of Ms. Maneka Gandhi Hate Speech :

Gang of women tries to set excise constables on fire
  MEERUT: Just days after union women and child development minister Maneka Gandhi claimed all violence is male-generated, here is a gang of women, which on Wednesday attempted to set two women constables of the excise department on fire, to prove her wrong.

Men Generate Violence? - NDTV.com

▶ 19:37

.

Had A tough debate with at @AgendaonNDTV with @sunetrac , but Happy to Know that even many Young girls of IP Collage don't agree with @ManekagandhiBJP .

Crime Against Men by Violent Women You will never know the way even BJP Mp's like @ShainaNC failed to see,  as the same does not make a Breaking News in India, nor NCRB have any separate data collection for #CrimeAgainstMen

• Husband Burnt Alive in India Not termed #DowryDeath

• Men too are victims of sexual harassment - stop abuse of men

• When a women rape a man it called Love as per LAW ...

• Huma Khan sentenced to 3 years jail for torturing minor girl

• Woman throws acid on boyfriend's face! #AcidAttack Justice ...

   

Who really Killed Chaitanya with Cricket Bat ?

There is no wonder even god also fell ashamed and  not able to bear the daily in-human torture and the pain of Chaitanya , so prefer to call  him back from this cruel society than suffering every day in the hand of a monster mum of India.

Chaitanya , a 13 years old partially disabled child, having a dream to make his final place in  Indian Idol singing competition,  is not more with us. He had been killed by his own Monster mum at Pune.

He used to happily stay with his father at Nagpur, but due to court order he was forced to stay with her mother at Pune . We will never able to see Chaitanya will be taking part in any Singing competition any more.

• Did Monster Mom Kill 13-Year-Old for Rs. 10-Lakh Insurance?
• Pune: Monster mom killed son to hide affair with landlord

With various news reports like NDTV , Mid day , Pune Mirror,  suggest Chaitanya had been killed by his own mother due to beating with a cricket bat, Police had arrest his mother and one man to whom she have some relationship as per her mobile call records.

Several chilling details have emerged in the cold-blooded murder of the partially disabled Pune teenager, Chaitanya Balpande, who was allegedly beaten to death by his mother and her alleged boyfriend last week. Investigations and statements from family members have led the police to suspect that the 13-year-old's murder had a rather sinister motive:

Mid-day's conversations with Rakhi's mother and neighbours also paint a picture of the 36-year-old as a monster mom, who used repeated beatings to keep the boy under her thumb. She would allegedly starve the partially disabled Chaitanya from time to time, force him to exercise for four hours and keep him up late at night. Rakhi had also threatened to file a kidnapping case against her own mother when the latter said she would take Chaitanya with her to save him from her abuse. A female neighbour who tried to intervene was kept at bay with the threat of filing a molestation case against her husband.

If you ask the law makers, who had killed Chaitanya, the answer may be given it’s his monster mother and her lover. From the news reports confirms Chaitanya was not killed for one day, many witness he was dying every day years after years all prefer to be a simple spectators.

But does it really so? Who really killed Chaitanya ?

Who all are deserved to be thanked for creating such barbaric Monster mum in India?

• Thanks to Women and Child Ministry:

It’s not only Chaitanya , every day lacks of child had been getting abused, beaten and some have to end their life due to their monster mum in India , but unfortunately the issue never considered as child issue .Women and Child Minister always ignored the Child welfare in the name of women rights promotion.

WCD had successfully converted the Child issue = Women or girls child issue only. In spite of various studies available a father less child subject to 10 times more Physical abuse, sexual abuse, school dropout,  still our Great Maneka Gandhi who always prefer to advocate more and more anti-father , anti-child law / policy as a promotion of Father less child society in India. For them Father = just a free FREE ATM machine, nothing else.

Result: Boys school dropout became 39% vs Girls 31%. More than 56% boys sexually abused vs 44% girls. Child abuses my monster mum, gets Scot free and never got punished. Monster mum unable to take care child still given custody to them as default and keep fulfilling their demanding of money but did not allow the child to meet their own fathers.

• Thanks to Indian Judiciary:

Any disputes between husband vs wife, the custody of child had been given to Mother, let she be monster or drug addicted or have relationship with other men. Thanks to such Misandric Judges of India, who is also responsible for killing of child like Chaitanya.

Judges do not forget to award excessive money to wife in name of child care, but forget to give few hours visiting right to child to their own fathers. They do not understand it’s not a husband or wife right, its child right to meet their father and not allowing that is nothing but pure promotion of Child abuse.

• Thanks to help less Grand Mothers:

As per report in NDTV news, the grandmother confessed, she was witness of beating chaitanya many times by his mother. But she had not able to show any courage to take him to Nagpur , as her own daughter threatened a kidnapping case. So, she prefer to leave alone Chaitanya in the custody of her own monster daughter.

• Thanks to Monster mum’s own sister: ( Masi)

The news reports says the monster mum’s sister also crying foul, she also witness the abuse and beating of Chaitanya many times. Her sister was not a good mother and never taken care the child. She had been spending many times with the child and the child so very humble and loving.  Great, in spite of knowing all, she prefers to keep silence when in court Tarun (Chaitanya’s father) lost the child custody. If she had been said the same in front of judge, may today Chaitanya had been alive.

• Thanks to all Neighbour of Chaitanya : 

Many neighbours says they had witness number of times Chaitanya had been beaten, heard his pain full cry, had been locked in room, but none shown courage to rescue him, as his monster mum threatened them that she will file false molestation cases against them. If they had been used some common sense, a simple call to 100 of police without disclose of name also might have saved Chiatanya’s life.

• Special Thanks to biased Justice Verma Committee members: 

Now the question is why a grand mother, sister, neighbor, judges all failed to save the life of Chaitanya, in spite of witness many abuse, ill treatment & beating?

It’s the biased Verma Committees members made such law’s without using their own brain , relay assumption a women never lie or never cheat in India  by which they had given protection to all such monster women of India , who can rape, who can murder, who can do adultery  and if any one dare to speak up , term them a rapist or molester .

Such mindless Misandric deserves special thanks for protecting such type monster or rapist women of India.

The Chaitanya’s had gone through every day’s abuse, ill-treatment, beating years after years and our Judiciary, society , neighbors, grandmothers, sisters ( masi) but all failed to give any justice to him, refused to give a human life in India.

There is no wonder even god also fell ashamed and  not able to bear the daily in-human torture and the pain of Chaitanya , so prefer to call  him back from this cruel society than suffering every day in the hand of a monster mum of India.

It’s time to make separate Child well fare ministry from WCD as top priority, or such monster mum will keep killing, abuse, beat & ill-treat the child as their birth right, as no one have right to question their wrong doing forget about any punishment, and we all will prefer to be just a spectators till it hit our own home.

RIP Chaitanya and give all courage to Tarun( Chaitanya’s father ) fight for justice, it’s not a monster mum is the killer, start from Verma Committees members , Law makers, WCD,  Indian Judiciary , Neighbour and all those who prefer to keep silence all are also real killer of  Chaitanya.

Save Indian Child from such Monster mum and women of India too , a Chaitanya can be suffering at your next also.