Sunday, May 20, 2012

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)
 -
Where knowledge is free
 -
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.)
-
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).
-
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.

5 comments:

  1. Dear friends,

    Let us move on together to get back the reflection of Tagore's
    Godliness so that we 'ALL' start using

    *logic -->
    *Progressiveness in thoughts and actions -->
    thereby becoming the messengers of peace

    because deep down we 'ALL' know that whatever we, human beings create (being the most intelligent species) certainly tends to modify the relationships for the better.

    Then what are we waiting for !!!

    LET US NOT SHUT OUR DOOR TO ALL ERRORS OR ELSE TRUTH WILL REMAIN SHUT OUT.

    I just hope
    we 'ALL' remember each moment that
    ... Love never claims possession, but gives freedom.

    So, Let us just RISE and never fall again

    THANKS Jinesh for another stimulant

    HariOum

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  2. Thanks & HariOum for your timely contribution.

    Hope there is an end to the experiments that our generation is going through 3+ decades by our elders, society and system.

    Hope the REAL corrections are done. and REAL VICTIMS are heard and understood.

    ReplyDelete
  3. It is clearly one more tool to LEGAL EXTORTION RACKET of wife and her relatives. We are waiting for revolution to come other wise each husband will behave like terrorist or nexalists!

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  4. Me and my family are going through a very tough phase right now. My brother is married to a woman and they have 2 kids.

    The woman is trying to get hold of all family assets - not even in her husband's name!!!. She harmed the child in her custody after she abandoned home and claimed the husband abandoned them. How can a woman who has not contributed to any family assets put a claim to these assets - which the husband's family has worked hard to earn? Moreover she is claiming a maintenance for Rs 1 lakh a month!!!! What kind of fixed lottery is this????

    The case is driving us mad. These laws are bullshit. For every 1 women who suffers authentically, it is my feeling there are at least 10 women who abuse the law and make men's families their victims.



    ReplyDelete
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