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May 04, 2012

Is the new divorce act proposed by the Government is any benefit to women?

Is the new divorce act proposed by the Government is any benefit to women? 04/05/2012
JUST IN PRINT:


It needs a debate. An amendment to India’s national marriage laws, making it easier for Hindus to divorce, has been hailed by activists and religious leaders. Previously, divorce was granted on grounds including adultery, cruelty and desertion. Under the new amendment, a couple can seek divorce on the basis that either or both spouses do not want to live with each other and the relationship has ended with no hope of resumption.


I think now it's required to change basic divorce law because more the 99% cases are false and many women are misusing this law not for protection but for taking money from men and his family,so amendment is must required.


Having a reasonable approach in this regard is very much essential because these are sensitive issues.
Come on men support this law and protect yourself & also your family from one sided women's law. This type of women my son is very much suffered. so give me the suggestion. It’s required to change basic divorce law because more the 95% cases under DIVORCE act 2005 & under act 498a are false. And many women are misused this law not for protection but for taking money from boys/men and his family. So amendment is must required.


Its ultimately depend on judiciary.This is fine but has anybody paid attention that what will happen to the children? the woman who has been a housewife and not capable of earning..the provisions must be there to meet all the expenses of wife and the children, including food, shelter, education, etc. In our country, the laws are so weak in the matter of maintenance. They take so long to decide about this. Why don’t the court think that a woman who is not working, how will she arrange the fee for a lawyer, who are so expensive. and if she goes for someone infamous or cheap lawyer, will he\she be able to confront the so-called big opposite lawyer who has a great face value in the court and is being easily hired by the husband who can very easily pay a high fees. The maintenance part is decided on the grounds of the husbands income, but do the husbands tell or show there real income. They show there income tax returns which we all know are fake and very liw as per there real income..WHAT is this? A husband is earning 5-6 lacs\month and the wife , with her 2 grown-up children is getting only 20,000- 22,000 and thus children keep on craving for all little things. Good laws, and the husband alone is enjoying, bearing no responsibilities as if the kids were brought by his wife in dowry. The law system must make an effort in these kind of cases. There must be a way to prove a man’s real earnings, so that a woman and her kids get the right they deserve and can live a reasonable lifestyle.


In a move to make the process of divorce easier, it is heard that the government proposes to insert as a new ground for parting ways. As for the mandatory six-month cooling-off period, the reasoning was that there was no point in prolonging a marriage where parties are unable to live as husband and wife.


Besides, the Bill gives women the right to property acquired during the marriage. According to the amendments cleared by the Cabinet, while adjudicating on divorce petitions, courts can decide on how much property acquired during marriage is shared.

According to the redrafted Bill passed by the Cabinet, adopted children will also have rights on par with biological offspring of a couple in case the parents go in for a divorce.

Bias between both sexs, was wrong before and is wrong even now. What is the justification for bringing in such laws? Giving equal right is understood. But what is the justification for unequal rights? People in the past committed wrong so, commit wrong to innocents now who are not in any way concerned?

Why are we bent upon taking all what has been tried in the west and with worst results. What society are they heading to. Rather than developing good understanding and going ahead in life with small problems...any family will have petty problems, discussions may be bit irritating at times. Rather we are encouraging life of cats and dogs which ultimately leads to diseases. Our ancestors definitely gave a big thought to what is called life. Divided it in four parts. Each called an ashram. Live each part with the prescribed norms and you are the HAPPIEST man on earth. I do not mind for going in for new ideas. Come on think at your own. West has recognized that at 18/21 yrs age , we can decisions about our life. Our judiciary also following it calling it modern society. It will ultimately lead to nothing but rotten society. Forgetting the very aim of life, and taking all the rots of west on the name of modernization will not lead us to a perfect way. Why we do not copy their following characteristics: 1. Value of time-Punctuality 2. Honesty in life. 3. Patriotism and live for country . Making a person a good citizen, teaching him what for life is,will definitely lead to a better life than simply making laws or rather copying them from West.


The income tax return should not be considered in matrimonial cases. In a divorce, a law must take care that a woman and her children must not suffer, in spite of the fact that a husband is a very earned and the kids keep on suffering. Even ,if wife is earning more than husband so in that case what kind of LAW is applicable. She share her money/property with husband. Indian law is quite confusion with all these amendments. This is a big mess , more confusion and more conundrum.

I do not think these type of laws will give justice to women rather, it will increase harassment because law is chocking the throat of harassed men from women.

The main challenge lies in implementing it.

SIDDHARTHA SHANKAR MISHRA,
NEAR PROFESSORS’ COLONY,
AT/PO- BUDHARAJA,
DIST – SAMBALPUR,
STATE- ODISHA,
PIN – 768004.
MOB - +919937965779

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