Posts Tagged ‘children’

By -the-Way, WHO IS WIFE IN A MATRIMONY ?

December 5, 2010

THE MARRIAGE is an institution having only 2 pillars of it i.e HUSBAND and WIFE.The Indian Legal system has very much clearly defined the husband’s role,duties & responsibilities in a matrimony through various gender biased laws. It’s my little effort to summarise the same for your perusal:

HUSBAND (Legally in India)

a) a male above 21 years of age In Marriage

b) Legally barred to take any dowry before, at the time or after the marriage.

c) Legally responsible to maintain his wife & children economically, pschycologically,socially, physically and emotionally.

d) Legally bound to provide protection to wife & children

e) Legally bound to provide residence & life style of his status to wife .

f) Legally barred to do any crulaity on wife or children

g) Leaglly barred of any domestic violence on wife.

h) Legally bound to make his wife happy biologically(sex).

i) Legally barred of any adultary inside or outside marriage.

j) Legally barred from marital rape.

k) Legally responsible to maintain his parents as well.

l) Legally responsible for any unantural death of his wife within 7 years of marriage. even after Divorce

m) Legally responsible to provide ailimony for easy life of his ex.till her remaining life or she remarries.

n) Legally responsible to provide maintenance to his children till they attain maturity age or in case of girl, her marriage.

WIFE (Legally in India)

and now let’s talk about Wife’s responsibilities or role ? Is it defined anywhere in any law or act ? NO The only thing defined (in nutshell) about wife is “Any girl/women above 18 years, legally married to a Man” that’s all. So WHO IS WIFE ?

Is this institution of marriage in India is any way FAIR to a HUSBAND ?

Don’t you agree that every indian matrimonial laws needs clear defination of the “Wife” i.e WHO IS WIFE ? WHAT IS THE ROLE of WIFE IN A MATRIMONY? and WHAT ARE THE RESPOSIBILITIES OR DUTIES OF WIFE ?

Isn’t it must, so that the abundance of rights bestowed to a WIFE in Indian Legal System, in the name of women Empowerment could be JUSTIFIED ANYHOW ?

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RIGHTS WITHOUT RESPONSIBILTIES

July 3, 2010

It’s a well known principle  thatRights don’t exist without Responsibilities”.

 How ironical is this in Indian Scenario?

 In India

 The moment a woman marries, it becomes immaterial whether she has discharged any matrimonial responsibilities or not but Indian legal system  automatically bestows her with the Rights :

  •  To implicate any near & dear to her in-laws including her husband in criminal or civil cases.
  • To legally extort or threaten the in-laws to bow down to her wishes.
  • To have full satisfaction of her biological need(Sex)
  • To have all types of protections against domestic violence viz. emotional, verbal, financial, physical, psychological etc.
  • To have maintenance from husband to never feel like loosing anything.
  • To fight legal battle in courts against her husband with his money itself.
  • To deprive the Child Custody to husband while raising her children on his money itself.
  • To have Alimony for rest of her life so that he cannot forget her.

 Now let us talk about the Man

 The moment a man marries in India he is automatically burdened with the Responsibilities & Duties for life :

  • Providing safe environment to wife where nobody could ask a question to her on her matrimonial responsibilities.
  •  Providing full satisfaction to his wife of her biological need(Sex).
  •  Providing full monetary, physical, emotional, social support to wife and children. 
  • Providing all types of Protection against domestic violence viz. emotional, economical, verbal, physical, psychological, social etc. to his wife & children. 
  • Providing Maintenance to his wife & children including the money to them to fight cases against himself. in addition to provide maintenance to his own parents & family. 
  • Providing maintenance for every need of his children but can’t have custody of children. 
  • Providing Alimony for life to wife & children for their bright future.

 So as per above. Man is made to keep on discharging his responsibilities during and even after breaking up of marriage, on the other side, woman is completely free of any responsibilities (during or after)but enjoys full rights even after breaking up of marriage( when she is definitely not discharging any matrimonial responsibilities in connection with this marriage )

 Why this discrimination among genders?

 The Great Indian Rationale

In Indian belief the Marriage is a Sacred Institution and “is a Union of Two Souls into One”. It seems that giving this spirit of Indian marriage prime importance, the government and lawmakers in India is trying to maintain the Rights & Responsibilities connection intact in matrimonial matters in different way. Considering wife & husband as a single soul, they have intrinsically distributed the Rights & Responsibilities among them. In this process, they have enacted and enforced many gender biased laws and has converted the institution of marriage into a biased Corporate where one spouse has been given only Rights without Responsibilities and the other spouse is burdened with only Responsibilities & Duties without any Rights for life.

 Do you think, this way the spirit of Indian Marriage can be kept alive?