Saturday, October 14, 2006

Divorced from sense or Wholesale free License for Legal Terrorism?

Divorced from sense or Wholesale free License for Legal Terrorism?

Is it possible for a Man in India to take his wife to the proverbial cleaners? From a legal point of view, no.


The pretty young gold-digger of the West would be quite at a loss in India, where he would have to remain married in order to have any claim on his wife's wealth. Here, a divorce is, in financial terms, an exceptionally bad deal for men. The mister of a lavish home can be instantly reduced to a pauper. This makes it all the more likely that a man with a weak case for divorce will never get one.

Certainly, if a woman wants money as a condition to a Men for signing on the dotted line, she will walk away with a huge sum but and thanks to Indian Government for making barbaric Law like 498a , section 125 etc.

Indian Divorce Act of 1869 is based on late nineteenth century English law and has not been substantially reformed since. The Hindu Marriage Act, the Special Marriage Act and the Parsi Marriage and Divorce Act also do not go much beyond the law as laid down in the Matrimonial Causes Act of 1950.

Unlike laws in both England and the United States, Indian laws does not grant any maintenance and alimony. He has no claim on the wealth of his wife ( irrespective the same he gift her before or after marriage), ancestral or personal.

And what of the amount of maintenance?

If the Husband is not entitled to 50 per cent of his wife’s total wealth, as in America, is he at least provided with 5 per cent of his income?

Again, no.

Indian courts vary the amount of maintenance, broadly following the one-third rule of English ecclesiastical courts or, more commonly, but it will never ever in favour of husband.

According to this formula, the wife must be paid a pocket-sized maintenance of one-third of the Husband’s joint disposable income.

This, of course, ensures that a Man with any earnings of his own is at a severe advantage and it considered as crime . But if the Man was half of the married couple, why should he not be paid half of their married income?

In England today, there is a rising concern that courts have run away with themselves while carving out marital assets for divorce. Increasingly over the years, they have been tossing everything that each party owns, including everything he or she brought into the marriage and everything he or she inherited, into a pool of marital assets that is then divided up between the two according to a variety of criteria.

In America, a divorce is looked upon as the end of a union between two people and the commingling of their assets. Assets accumulated before the marriage as well as assets acquired during the marriage are subject to a division between spouses, depending on the laws of the state granting the divorce. Many states follow a clear 50-50 policy.

Others ensure that the division is 'equitable', giving one spouse more or less than half depending on factors like length of the marriage, conduct during marriage, age, health and so forth.

Everything from property and household contents to celebrity status and frequent flyer miles are portioned out by the courts. Due to the cultural status of marriage as sacrament in India, the matrimonial bond is considered far more difficult to break out of than in the west , but Indian government make 498a , section 125 to do the legal terrorism in the name of Divorce.

But if a marriage in fact unites two lives, why are our divorce laws so biased towards the individual? A husband who could never have guessed his marriage would end in divorce may not have made any provisions for his own future.

Maintenance does not give him a single Penney forget about , a house, a car or any personal assets.

Without sufficient funds, the Man stands to lose his children as well. After giving huge alimony to her, the Man cannot put a roof over their parent’s heads and pay for their numerous expenses. He would have to start from scratch, rebuilding his life on a set of entirely different terms, something that may be simply impossible at this late stage in his life.

This means that his options are to either struggle to keep his marriage together or live a life of dispossession. Result last year we have seen more than 22000 husbands gone for un natural death in comparison of less than 7000 wives.

This problem, of course, becomes more acute as we climb up the income ladder. A Man married to a normal so called educated 21st century women, for example, would never after a divorce be able to lead a life commensurate with his earlier status. His wife's assets would remain to her and even maintenance would be based on whatever income wife chooses to show to the courts about her husbands.

Company-owned assets and any part of his wife's income she is able to keep invisible would not be counted. In such cases, the Man would be left with only one choice. Either to live to life with out any job or suicide or kill the Wife.

This strategy has its own problems, for it not only ruins the father-child relationship but also pushes the woman into yet another profession, which we term as prostitution.

Indian divorce laws are clearly in need of reform, for such a situation can benefit no one. A husband who does not wants a divorce cannot convince his wife or court and a wife who wishes to leave her marriage can do so by the help of 498a and section 125 and in nut shell the Child suffers in Single parenting system.

Assets, homes and lives are being divided here. Throwing out some loose change towards the dependent spouse defies any sense of both justice and logic.

Remove the word “Husband” or “wife” to the word “Spouse” in any law related to Marrige relationship.Who ever will do wrong should get the punishment.

A home breaker can’t take the advantages of their wrong and continue the legal terrorism in the form of misuse of 498a and section 125.

The story does not end here, they want each and every think as per 21st century, but when it comes for break up (as 55% divorce case filed by wives with a 498a, dowry harassment case) want huge money in the name of abala nari (16th century Indian wives) like maintance, alimony, house..etc. That time they suddenly forget their MBA degree and start claiming she is a Perfect Indian Wife and she deserves all the sympathy as per Indian Institution of Marriage.

If any LAW maker does not have the sufficient knowledge , then why they make such a stupid LAW ??
http://www.indiatalking.com/blog/swarup/1326/
Indian Parents and Pregent Sister are in Jail !!!

Some Indian Husband says, they have done the mistake by marrying a 498A type of PAPA’s Girls, instead of that they might have married a Professional Prostitute.

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