Posts Tagged ‘maintenance’

Equal Rights in Matrimony…….

May 28, 2013

“EQUAL RIGHTS TO ALL – a mark of  CIVILIZED SOCIETY”

From many decades, there is continues hue & cry for equal rights  from women organisations(mainly for Wives)  but without going into the veracity of their claims, let us first give a thought to following facts:-

On the one hand, the responsibilities or duties of a husband in society is still remained intact what it was in age-old society  i.e. feeding, caring, protecting and raising his family and which are enforced though special matrimonial biased laws.

 While, on the other hand, wife, is legally made free from any kind of responsibilities or duties of matrimony or family and are enjoying one-sided full rights to dictate her terms or break the family or marriage without any penalty.

This becomes more clear when we analyze the present scenario of Indian society from an unbiased logical mind that:-

  • The so called women empowerment has ensured(socially as well as legally) equal rights to earn and opportunities to women.

  • There are  many women up liftment policies and programmes like, free education, award schemes for female Child, support for training & employment, Stree Shakti Programme, gender budgeting, short stay shelters, women’s right in paternal property, reservation in political sphere(panchayats, vidhan sabha, etc.)

  • The government and media always remain keen to bring to forefront any trivial cause of women so as to garner votes and viewers.

  • Government is getting enough of free funding in the name of women empowerment from foreign countries and  is spending overwhelmingly for so many years for these activities.

  • The solution to bring about equality in the wisdom of government & feminists is to frame and enforce more & more gender biased laws.

Whereas, the earning avenues for Males(from where he will be able to discharge all the legal  responsibility attributed to him) which were earlier mainly available to him, is now depleted to say 50% and is being shared 50-50 or even more by females (this all, while the population growth is ever increasing). Hence, broadly speaking,  it resulted in less than 50% earning avenues left with Males.

So in this present scenario, Why only male is still made responsible for maintaining his family ?

More so, on a level playing ground, in today’s context, a Marriage is a contract between two individuals to discharge equal responsibilities and avail equal rights to make a successful family, however, the same should also be true in case of a failed marriage(without going into the reasons Why?).

But in India, failed marriage is made sole liability of Male , Why?

  • He has to pay maintenance, ligation expenses, residence etc. during dispute or alimony after divorce Why?

  • When the said marriage is broken and both are not discharging their responsibilities of that matrimony, why only husband is penalized ?

and in case of any child from this matrimony,

  • why not  responsibility of welfare of child is shared on 50:50 basis ?

To these very questions, the reasoning or big answer from feminists or government is to stop women being destitute or beggared but it could not be understood then what for women centric welfare policies, programmes, schemes involving huge funding are there ?

So, isn’t it rational that either Government should scrap all women upliftment (so called women empowerment,) programmems if these not bearing the desired fruits or it should make women legally, equal responsible at par with Males in the family affairs and matrimonial matters alongwith similar parallel statutory constitutional bodies for male rights too?

Advertisements

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 ?

The Truth about Lies in India

July 3, 2010

Telling lies or concocted stories are becoming a fashion among the young wives in India as these has been given such a legal value in Indian legal system that even a baseless lie or concocted story spelled out from a women can thrash/badly hit any individual or family in a very drastic way. This undue legal shielding to the lies of a particular section of society in the name of empowerment and the presumption of woman being always the victim is pathetic and is primarily responsible for misuse of any law made for upliftment of this section in INDIA besides

 Let us take some examples of laws/Acts intentionally made gender biased to favour the other gender on the plea of upliftment of that gender which are currently the most miused laws in INDIA :-

 IPC-498a

This is the only draconian law in whole of the Indian Penal Code, in which mere a statement (without any proof or investigation) from a wife is enough to book & send (as many as persons from in-law’s family she wants)  to jail in a criminal case, not only this but the accused is also presumed guilty until he proves his innocence. Because of it’s wide misuse this law has earned it’s various widely known names like “ A Legal tool for Extortion” and  “ A Legal Terrorism” etc..

 Domestic Violence Act,2005

Another Act that is being set in motion by unscrupulous wives to avail numerous reliefs(residence, monetary, protection etc.) from husbands on telling lies and concocted stories because of defined domestic violence in it and it’s nature of being available to only one specified gender, made this Act available for gross misuse.

 IPC 304B – Dowry Death

A stupid section in IPC under which a grave criminal case can be set in motion against any number of  persons from in-law’s family in the event of any unnatural death of married women within 7 years of marriage as it cover any death of a married women within 7 years of marriage. This wide coverage under the law invites unscrupulous elements with oblique motives(like extortion, threatening and revenge)  to misuse it.

 Maintenance Laws/Acts

A set of multiple laws available to wife to claim maintenance – their concurrent / parallel applicability on telling baseless lies & concocted stories, awarding of maintenance/interim maintenance under these laws on the only fact that couple is living separately and making a person entitled to maintenance while she is not discharging any matrimonial duties/responsibility and also living separately but entitled to lifestyle she was enjoying in her matrimonial home makes these laws most venerable to misuse.

 Child Custody Law

Yet another law, looks like delivering justice on the presumption that the child only has one natural guardian e.g. mother and father is only required to donate sperms for child birth and to support monetarily for all welfare of child, beyond this role, he is not capable of raising child well. While, mother is presumed to be capable of raising child better but that too on the money that she receives/seeks as maintenance for herself & child from father of that child. 

 Why rampant misuse of these Acts above?

  •  Loose & clumsily drafting of these laws.
  • No deterrent provided in these laws to stop lies, concocted stories or misuse of these laws.
  • Presumption of women being always and only Victim, overrules all logic, reasons & rationale.
  • No penalty to abuser of law, even after proving the case was false and was filed with malafide intentions.
  • The legal impunity granted to the wives in Indian legal System.
  • The great Indian judicial system known for the delay/time span it takes in delivery of justice.
  • The scope of extortion/corruption in these laws/acts
  • Involvement of money in each and every law above in the shape of maintenance.
  • The unjustified wide open scope of roping- in any number of persons in theses laws.
  • The scope of making money for law enforcing agencies(like police, CAW cells, judiciary etc.)

 Truth remains hidden or unrevealed until unless a proper and just scrutiny mechanism of the facts and an effective deterrent is made out in this regard but it seems that telling a lie and to concoct a false story is a special privilege granted to the women in India in the name of empowerment as they are enjoying numerous gender biased legislations so framed & enforced by government itself and these are, in a result, encouraging women to tell the lies and concocted stories in order to secure their oblique motives and unscrupulous desires.

 Above are only some of the examples, however, there is a long list of such gender biased laws which are wide open for misuse like law on rape, sexual assault(in making), divorce & alimony etc. etc.

 So, it can be easily inferred that in INDIA Truth has been intentionally and legally defeated and lies from women weighs highest.

Vicious Women Empowerment

June 4, 2010

VICIOUS WOMEN EMPOWERMENT IN INDIA