Indian Divorce Laws: Irretrievable Breakdown of Logic

Ultra Vires absolutely Ultra Vires, this is what my friends of lawyer fraternity said when they got updated from various media sources on the latest proposals on marriage acts introduced in the cabinet / assembly. The Irretivable Marriage Act to be definitely introduced in Hindu Marriage Act in so called secular India, in proposition talks rightfully about Rights of a Wife to oppose the husband’s plea in irretrievable breakdown of marriage. 

But guess what?! a husband cannot oppose the same clause if his wife has filed against him. So now introducing "Unconditional Divorce only for Indian Wife with Add ons and no Social responsibility for lying."

With uncertainty hanging from incomplete media reports and clueless MP's; With Poor and unclear Drafts at state level introduced at state level cabinet in assembly; and No relevant response to RTI's...  

If, Irrespective of the duration of marriage, If all the property (Residential and Non Residential) only of husband, before and after marriage is going to be shared with wife equally after divorce. And vice versa is not proposed then we are heading for a Society without marriage, also no liabilities would be shared by wife involuntarily whatsoever. If property division decisions are left to judge's discretion and NO LOKPAL with judiciary under scanner then we are heading for a Next Civil war between Genders and utter social chaos.

This is not the India that I prayed for in my entire school life… (My favourite poem from Guru Rabindranath Tagore that I keep quoting… but sadly the truth is far from the dream)

Where the mind is without fear and the head is held high

(Here the mind is full of fear of misuse of law and the head is not held high even after being a principled progressing MAN, contributing in all progresses of nation)

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Where knowledge is free

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Where the world has not been broken up into fragments

By narrow domestic walls

(Here every house is sure to break into fragments of sub families of single parents and Micro Civil wars, with property walled between the spouses, thanks to the new logicless proposed laws.)

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Where words come out from the depth of truth

 

(No penalty for misuse of law would only motivate one to LIE, abuse the innocent and extort money, So called Anti Dowry Brides come on television programs with star hosts, where as Munish Dadals of the world and his parents are defamed in school text books without authentication as Dowry takers and proven innocent a decade later).

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Where tireless striving stretches its arms towards perfection

(Well the law makers are not in doing so, Lokpal has taken 6 decades and yet not passed because the politician are under scanner and Extortion laws like 498a, DV, interim maintenance, 497, 406 etc and 50% property to adulterous wife are made unchallengeable under Irretrivable breakdown of marriage clause, and such laws get passed in less than 6 months of its introduction, because the busy innocent Tax paying male is suppose to bear it. Nobody wants to correct laws that adversely affects the common man and nobody wants to implement the laws that would correct corrupt practices of politicians.)

Where the clear stream of reason has not lost its way

Into the dreary desert sand of dead habit

(We definitely see breakdown of logic and reasoning here where the politician and so called intellectual justify misuse, and sound politically correct. Nobody talks about daughters rights! instead give daughter her share in fathers property just like son and make her financially independent, why make marriage or divorce compulsory for property share?) Other points I have been repeating in my past posts.

Apparently the logic has broken down irretrievably and sanity gone bankrupt while greed has been in abundance while drafting this one sided laws. I would hate to hear feminists and manginists telling that all laws are bound to be misused so we cannot stop making new laws (Frankenstein). It would be very irresponsible for them not to debug the mistakes and not strive towards perfection.

With all wishes of the Gurus Defied, I sincerely pray for corrections and Gender Equality...

Where the mind is led forward by thee

Into ever-widening thought and action

Into that heaven of freedom, my Father, let my country awake.

Jinesh Zaveri.