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Have Law Makers Failed to SAVE FAMILY??????

October 26, 2012 Leave a comment

FAMILY Court lawyers and counselors who see the break-up of every kind of human relationship, say that relationships between human beings are a complex phenomenon beyond the ken of logic. Not surprisingly, even the best legal minds in the country have been able to barely give a meaning to the word ‘family’, but no legal status. “The family, believe it or not, has no legal persona,” says the energetic Supreme Court Lawyer Mr. Mahesh Tiwari , who is Legal Advisor of Save Family Foundation , Delhi( SFF), an Foundation which works to save the family as a social institution and associate with the movement “Save Indian Family ( SIF)”,

“Thus, the inherent conflict between the individual rights of a member and the collective rights of the family is apparent in every litigation in the Family Court.

Strangely, though a major objective of the Family Court Act of 1984 is the preservation of the family as the foundation of society, it offers relief in every case by determining the rights and liabilities of individuals in biased way towards wives only and treated the Husband as a Free ATM machine only, rather than of the family.

The gray areas between the rights of the individuals and the welfare of the family become the battleground for concerned parties, due to one sided biased law like 498A,DV act , Child custody LAW, maintenance and alimony LAW under IPC125, who feel that matrimonial laws should be amended to suit right women or men, instead of pitting the two sexes against one another.

“The Family Court is a theater of unimaginable conflicts. The usual issues behind these conflicts are: feminists vs. anti-feminists; individuals vs. society and the legal system vs. the right to privacy of an individual. The Family Court Act of 1984 was passed by the Central Government because of the pressure built up by various non-governmental organizations, which unanimously felt that matrimonial and family law cases were suffering from long delays in the civil courts. Special courts were required for quick disposal of such cases so that the parties to a divorce or separation could go on with their lives and redesign their destinies. The Act encouraged and empowered various state governments to set up Family Courts in all cities with a population of over one million people.

“The first state to set up a Family Court was Rajasthan. Maharashtra followed in 1989. Today, Family Courts function in nearly 60 cities of India. Their objectives, according to the Act, include the preservation of the family as an institution, speedy disposal of cases and a re-conciliatory approach while handling human relationships. Hence, the Court is obliged to provide the services of counselors for couples seeking a separation of divorce.” But the biased criminal Act like 498A, DV act and IPC 125 totally destroyed the basic aim of the family court’s function.

The work of the Family Court invariably centers on the rights of a wife only, irrespective she is right or wrong. This is assumption that marriage or its break-up seriously affects her status and property rights, as their own parents also refuse them to give any property right in spite of the well settle LAW of this country.

Factors such as religion, community, custom, tradition or family views determine or affect her rights. Though a court or law itself can determine the legal view, it is very difficult — almost impossible — to change the mindset of people who have lived according to the tenets of a conception that a women can never lie or never break the family for her selfish motive, which is totally wrong in 21 st century.

For example, according to the 1974 Maintenance Laws, Rs 500 per month was the standard allowance for a divorced or separated wife. Rs 750 per month was allotted to each child. In 2000, this was changed to Rs 1,500 per month and in 2002, the upper limit of maintenance was totally removed. Result, money and property matters are so fluid and amenable manipulation in the court, that many wives, well educated and earning, prefers to show in the court they are not working, in spite of capable to do so.

Most of the divorce cases, which come to Family Courts, are based on three major reasons: Cruelty, desertion for two years or more and adultery. Of these, adultery is extremely difficult to prove. Cruelty, too, has to have a physical manifestation to be admissible as evidence in court.

Therefore, desertion remains the most common cause apart from mutual consent, where the two parties have an agreement on the terms and conditions of their separation.

But LAW like 498A , DV act and IPC 125 biased towards wives , change the whole equation and result a long litigation for both.

Social researchers regret however, that though Family Courts have been in existence for over a decade, there are no records, statistics of figures, which can point in the direction of the future of the family as the basic unit of society. Several NGOs continue to fight for the creation of a fact-and-figures bank, which could be a barometer of the health of the family in Indian society. They believe that family courts were created in the first place because of their relentless efforts, but failed to make any study about the Husband’s health of conditions, result we witness more and more married men are ending their life, in 2011 as per Crime bure, 62000 more men had end their life compared to 30000 married women.

“There are media reports that the number of divorces in Indian cities — specially in Mumbai and Delhi — is increasing by leaps and bounds,” but some famous women activists are arguing that it is the women’s right and women empowerment, result child’s are force to live under a “Father less Society” and the husband treated as a “Free ATM machine” only.

However, women wanting a larger slice of life today are a major reason for marital break-ups. They are aware of their rights and tolerate less injustice.Parents of women also support the break-up when they see the benefit they will get in terms of money and sympathy form the society.

Further, there is hardly any stigma attached to the word divorce today. We had witness, a lot of women remarried not twice , even trice also , as a example take case of Noida ,telecasted in Star News , a women married 3 times in 3 years span and fighting the third divorce case . This is not a mare exceptional case , like that a number of cases are going on in the court.

Even elders believe in the right of a woman to have a worthwhile life rather than rot in a no-win relationship. More and more families show that even one caring person can do the job of rearing a balanced, healthy child. The definition of a family is changing fast.

“Also, marriages now break at any age. People decide to separate after a few months of marriage or when they are older. And more women seek counseling or dissolution of a marriage because there are more support systems available to them rather than the husband alone. Women can choose to experience motherhood through adoption (Sushmita Sen) or through relationships with their beloveds without marriage (Neena Gupta, Sanjana Kapoor and many others). In the foreseeable future, they may become mothers through assisted reproductive technologies too.”

It is natural that marriages and love relationships in celebrity-land are under more stress than others. Here, one partner may be successful beyond imagination and the other may be required to play the second-fiddle eternally.

A husband may be far more successful or popular and hi-profile compared to the wife or lover. The family or a wife may not ‘approve’ of the attitude of a husband who sets goals for himself and follows them single-minded. In most hyped-up industries, celebrities work constantly with equally attractive members of the opposite sex. Attractions happen and marital or loyalty vows are broken more easily than is common. Celebrity break-ups become worse when they attract publicity, leaving no room for privacy. Success, the need to hang on at the top and money — as well as personal grooming and fitness — are top priorities in most celebrity lives today. There is no time or patience of the spouse, children or other relatives.

As one prominent actress says, “People don’t change. Circumstances change and force the person to go with the tide of time.”

So at the end the question remained unanswered Are LAW Maker failed to save family?

A men established himself as Best Son , great Brother, but why he had termed as Criminal when it comes to as a role of Husband, why? Does to be a best son or great Brother is crime in India for a man?

If the answer is No, are they ready to review the whole marriage related LAW towards “Save family” or it is their hidden agenda to convert this country to a “Father less society” by killing the institution of marriage in India?

Join SIF Team to Stop this legal terrorism of India and demand to replace the word Husband/wife to Spouse to all marriage related LAW or policy like all over world follow instead of making assumption that all wives born in Raja Harish Chandra family ( never lie) and all husbands born in Criminal family.

(Crime Is Crime. Punishment should be irrespective of gender, religion and caste. Let us be honest and fight for truth)

Categories: IMD, IrBM, MRA Tags:

Why INDIAN men suffer?

September 21, 2012 Leave a comment

More often than not this question has perturbed my mind and ever since I got involved in men’s rights activism, fighting for men’s rights, creating awareness about men’s issues and problems and interacted with abused and victimized men, my understanding of the answer to the above question has improved tremendously and today I am going to write about the same in this article.

Before we delve into the reasons as to why men suffer, it is pertinent to talk about “How Men Suffer?

It is important to understand how men suffer because the current social understanding about suffering of men is largely undercover. In fact, even after 8 years since the establishment of the men’s rights movement in India and after umpteen presences in the media, by and large, the society is still oblivious to the problems that are faced by men. Even, if sometimes people are aware that the man is suffering, they have nothing to offer to the man. And this is again a reflection of poor understanding of the male psyche and male emotions.

Some of the common forms of abuse of men are,

  1. Forced to earn manhood: Boys are taught to be ruthless and cruel to other men, view them as competitors but have a soft corner for women. Even our social constructs are so designed that a man must earn his manhood while a woman gets her womanhood by default because of her gender. That’s the reason we see dialogues like “Respect me because I am a woman”, “You are not a man if…….”, “You are not a man unless you……”, “Be a man”, “Take it like a man” etc.
  2. Conditioned to be inferior: Boys are socially conditioned to believe that in general the male gender is inferior to women and that a man’s life is incomplete without a woman. They are conditioned to believe that it is OK to demean their own gender; in fact they are made to feel proud about that.
  3. Made to suppress: Boys are encouraged to suppress their emotions/pains/sufferings and as they grow up, the language that takes shape in their minds is – “It is unmanly for me to complain”.
  4. Economic abuse: This is the most common form of abuse that men are subjected to. It’s been a social tradition to expect men to earn money through hard-work and then others should enjoy it. In fact, men who spend their own hard money for themselves are ridiculed and those who spend it for their family are hailed even though the family is abusive towards the man. Every new anti-male law that is proposed is based on the premise that it is the right of the woman on the man’s money.
  5. Emotional abuse: Men face a lot of emotional abuse which often goes unnoticed because of the high expectations from the society and the emotional suppression that they face since childhood.
  6. Abuse in Marriages: Marriages are tumultuous for men. Every year close to double the number of men commit suicides due to abusive and married men top the list of suicides.
  7. Legal Abuse: The legal system is highly anti-male. There are more than 15 anti-male, inhuman and unconstitutional gender biased laws which openly flout principles of natural justice and many more are coming in pipeline. Also, the legal system is immune and insensitive to the abuse of a man who is victimized and has nothing more than lip service to offer to them.
  8. Social Abuse: Men face social bias. All a man needs to invoke hatred against him is to have a woman complain against him and it does not matter how much bizarre, absurd or illogical the allegations are; social hatred against men (misandry) will ensure that the life of the man is ruined. And such deep is the misandry that even if the man comes out clean; there is no will in the society to punish the liar woman so as to deter other women from repeating the same offense. In fact, abuse of men by society is like a social service.
  9. Workplace Bias: Men face bias at workplace as well. Mostly men find it very difficult to get promoted and need to struggle a lot for the same. Most companies hire more women under initiatives like “Diversity” and mostly even if men are as competent as women, they lose out on the job due to such initiatives.
  10. Cultural Bias: Abuse of men is not a new fashion; it’s a chronic social disease. Men have always been forced to play violent roles by cultures and societies by participating in wars, taking risks, losing their life and limbs and donning the role of a protector. And this very role of protector goes against men which takes away the right from them to fight for their own selves.

This is just a tip of the iceberg about the various problems which men have been suffering from and are either unaddressed or unrecognized. However, let us now see as to why men suffer so much?

Men suffer because of the following reasons:

  1. They don’t share their problems: Men feel it is unmanly for them to share their problems and fearing social backlash and ridicule, they suffer silently.
  2. They share their successes more often than their failures: Men are made to feel unmanly when they share their failures with dialogues such as “Dude, you could have handled this much”. Due to this reason and the first one, the problems of the male world rarely surface. All that surfaces is their successes all over which makes the society feel as if it is OK to snatch from men. But, as it is said, “Absence of evidence is not evidence of absence”, same is with the problems and struggles faced by a man. Merely because men are silent, does not mean they are good to go. It’s just that they are resilient enough to deal with the abuse heaped upon them.
  3. The Protector Role of men: Even if they are being attacked from all sides they won’t forego their “protector” role. Even after getting abused by the very society, men find in themselves a fetish to protect culture, protect society, protect country and such high and lofty objectives do not allow them to take up cudgels against the injustice they themselves are being subjected to.
  4. Logic of Men: Men are extremely logical and analytical in their approach and thus often they fail to comprehend emotional turbulences and end up getting bruised emotionally. Men have great respect for systems, hierarchies, rules and laws. That is the reason, they somehow think that anti-male laws are fine and they would never be trapped if they don’t do anything wrong and even if that happens, they would use logic to prove their innocence.
  5. Internal Misandry: This is the biggest reason why men suffer. Internally men hate each other and have a lot of disrespect for each other. They judge each other a lot and are too quick and active in jumping into action to punish a man against whom a woman complains. That is the reason, even after being victimized, most men do not challenge anti-male social attitudes and anti-male laws because internally they somehow feel, these laws are justified, it’s just that, for them, the anti-male laws should not be “misused”.

The solution to end the suffering of men is very simple. It just depends on certain choices that men need to make.

  1. Men must stop disrespecting and hating other men.
  2. Men must challenge all such social constructs which force them to earn manhood or suffer abuse because it is considered unmanly to raise voice against it.
  3. Men must not view other men as competitors in order to get sex.
  4. Men must challenge all forms of anti-male attitudes, laws and media content.
  5. Men must understand the importance of “men’s rights”.

Men’s suffering will end if they make the above choices and choice to make these choices also belies with them.

 

Courtesy:- http://legalfighter.wordpress.com/2012/09/20/why-men-suffer/#more-2402

Categories: IMD, IrBM, MRA

Delhi Dharna against IrBM at Jantar Mantar on 18th August 2012

August 20, 2012 2 comments

DELHI DHARNA

Men across entire nation came together to fight against the biased, anti-male, male extortion law named has Irretrievable Breakdown of Marriage.
This Dharna was attended by thousands of people from various part of the country right from Kanyakumari to Kashmir. More than 40 plus NGO’s marked their present.
Highlights of the Dharna
1. Duration : 5 Hours
2. Registered Members : About 400 (WOW!!)
3. Media Members : About 30 (WOW!! WOW!! WOW!!)
4. Coverage : For this OUTSHINING number, read the blog people.

MENS GROUPS PROTEST MGE AMENDMENT ACT

Amit Deshpande, New Delhi/Pune

Men’s rights group activists from all over India will assemble today at Jantar Mantar to highlight the inherent flaws in the Bill passed by the Cabinet amending the Hindu Marriage Act, 1955. Under the new law – passed by the Cabinet and awaiting to be cleared in the Rajya Sabha – new grounds of divorce are being introduced under the clause ‘Irretrievable Breakdown of Marriage’. Men’s rights groups say, the nature of the law being introduced is at the root of their protest.

An activist Amol Kurhe from Men’s rights Association, Pune explains, “The new law wants to award 50% of the husband’s property to his wife at the time of divorce. This is irrespective of the wife’s financial status, educational background or ability to earn, directly in contradiction of Supreme Court judgements. This new law does not even consider the duration of conjugal relationship between the couples, thereby leaving loopholes for misuse of law. This is a law favoring the Gold Diggers.”

Another activist, law-student Rukma Chary from Save Indian Family, Bangalore said, “The new law will not allow a husband to contest a petition for divorce filed against him by his wife. While, if a husband files a case, the wife can contest the petition stating financial hardships. This is not only a departure from the recent progressive trend of viewing offences with a gender neutral stance, it is also against the tenets of natural justice in a civilized world. Even terrorists are given a chance to contest petitions against them, but the new law wont give that opportunity to law-abiding citizens.’

The groups are demanding a rollback of the ‘Irretrievable Breakdown of Marriage’ clause in the present condition. They have appealed the law-makers to intervene to take corrective measures.

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Main Objection To The Proposed “Marriage Laws (Amended) Bill, 2010, As Introduced In Rajya Sabha
Dharna against IrBM

Dharna against IrBM
We had already submitted our objections and suggestions to parliamentary committee, but the present Law Minister totally ignored the same and even tampered the original bill even worse by making new amendments, so we request to either make the Law Gender Neutral and respect natural justice or roll back the same immediately as this will became a “extraction law” than giving any justice to people.
A. The Bill must be gender neutral, if a wife has contributions to husband’s property (movable or immovable), any property made by wife (movable or immovable) also has husband’s contributions. Even in USA-Texas Law the word used is “Spouse” instead of wife or husband. One sided law will create disharmony, increase crime and add huge number of litigations in the Court for property disputes.
B. The benefit of divorce can’t be equal to married relationship, as the obligations and responsibilities after divorce change for either of the spouse. In 2010, even China Supreme Court amended the law to do property division goto the spouse who made it. Such a law made havoc in court cases and people started using the marriage as property earning business than love or care for each others.
C. Proposed Amendment: 13D (1) “Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of decree on ground that the dissolution of the marriage will result in grave financial hardship to her and that in all circumstances be wrong to dissolve the marriage…..”
Our View:
Right to oppose should be given to both parties. The word wife to be replaced by the word “spouse”.
The line to be added: The Divorce degree will be awarded only when all other cases against each other are quashed or withdrawn and in future no cases can be filed against each other by either spouse. Otherwise the basic purpose of this law to reduce the litigation will be defeated.
Like: There are other provisions of maintenance HMA 24/25, CrPC 125, PWDVA 2005, adding another provision is duplication and a tool to harass the husband There will be rampant misuse of this section to harass the husbands.
As per 13C (2), if she is separated for 3 years, she would have already approached the Court in case of financial difficulties. Another attempt to extort husbands (as in 498a and DV Act) is being done.
Our Proposal: “The respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to them and that it would in all the circumstances be wrong to dissolve the marriage. All cases pending, between the parties would also be quashed before granting divorce under Section 13C”. All case like 498A, CrPC 125, PWDVA 2005 and other litigations should be quashed before the grant of decree.”
D. Proposed Amendment: 13F and 28D: (Special provisions relating to disposal of property in proceedings under 13C)
Without prejudice to any customs or usage or any other law for the time being in force, in any proceeding under section 13C, at the time of passing of the degree , the court may on a petition made by wife order that the husband shall pay for her and children as defined in section 13E, as financial support such gross sum or share in the movable or immovable residential property towards settlement of property rights as the court may deem it to be just and equitable and any such payment shall be secured , if necessary , by change on the immovable residential property of the husbands.
Our View:
The word wife and husband to be replaced by “spouse” which is followed all over world. Even in USA-Texas the same is “spouse”.
If this law passed as per above, for example the wife have 1000 Crores (even if it is given by the husband only) and husband have only 10 lacks, but as per law, her 1000 Crores can’t be touched, but the husband’s 10 lacks will be divided and given to wife. This is absolute injustice and against any Principle of natural justice of the world.
The property accrued before marriage, either spouse should not have any right. As there is no contribution of the other spouse on that, the contribution should be considered only on the property made after marriage and any claim to others property to be allowed if only the marriage obligation is minimum 10 years.
So Our Proposal: 13F and 28D: (Special provisions relating to disposal of property accrued during subsistence of marriage in proceedings under 13C)
“Without prejudice to any customs or usage or any other law for the time being in force, in any proceeding under section 13C, at the time of passing of the degree , the court may on a petition made by “either spouse” order that the “other spouse” shall pay for “her/his” and children as defined in section 13E, as financial support such gross sum or share in the movable or immovable residential property towards settlement of property rights as the court may deem it to be just and equitable “considering the duration of marriage” and any such payment shall be secured, if necessary, by change on the immovable residential property of the other party. For any claim each others spouses residential property, the minimum marriage duration should be considered as 10 years.
E. The law should be equal and must follow the principle of natural justice and stop making assumption that all women born in Raja Harish Chandra family and all men are born in criminal family.
The person seeking Divorce on “No Fault” ground, should not get the same benefit, who seeks the divorce by proving other party’s fault. A person should not be punished for “No Fault” in the name of easy divorce nor his/her hard earned accrued property, movable or immovable, should be grabbed under any such biased law, which will create injustice and will create more disharmony in society which in result will increase the crime in India over all.
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PROTEST TO ROLLBACK AMENDMENTS OF MARRIAGE ACT

Amit Deshpande, New Delhi

Men’s rights group protested today, demanding a rollback of the amendments in Hindu Marriage Act. The group received huge support nationwide.The groups protested at Jantar Mantar protesting against the draconian nature of the clause for new grounds of divorce, ‘Irretrievable Breakdown of Marriage’ to be introduced.

A group of about 3000 strong crowd was involved in the protest. Teams from various cities from across the nation participated in the peaceful protest. The activists displayed deep anguish against the government for the recently introduced amendments, terming them as anti-male. Amid cheers and support for the demands of rollback of the amendments, activists appealed to the government to consider the plight of men and issues related to them. They highlighted that more than 62000 married men commit suicide every year and all their suicides are considered to be due to economic reasons. In that case, stressing them more for financial reasons by awarding half of their properties to separating wives, without them being able to contest it would only increase the no. of people committing suicides.

Activist, Ankush Verma from Save Family Foundation, Delhi questioned the contribution of wives, in the claim of women’s organisation in the pre-marital property acquired by the husband. He also drew attention to the fact that a husband is legally bound to take care of his parents also and awarding half of his property to his wife, irrespective of his other responsibilities like welfare of parents or siblings, amounts to lack of vision on the part of the law-framers.

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Men’s Organisations to Protest in Delhi Against IRBM Amendment
Representatives of Men’s organization from all over India are gathering at Jantar Mantar, New Delhi  on August 18th to protest against the Amendment of Irretrievable Breakdown of Marriage(IRBM). Chetan an activist associated with Save family organization told that government  is all set to pass a law that will simply disempower husbands from owning their own hard earned property in the event of a divorce. And it would apply blindly, like a formula on all marriages. Government is neither ready to disclose amended clauses in the bill, nor ready for a dialogue with men’s rights activists to consider the rights and interests of husbands in the law. He said this mass protest is against unconstitutional, gender-biased and anti-male law making in India.
Sharing matrimonial property is one of the divorce-related clauses proposed in the Marriage Laws (Amendment) Bill, 2010, which seeks to amend parts of the Hindu Marriage Act and the Special Marriage Act. ‘Irretrievable breakdown of marriage’ could become a new ground for divorce, women could get matrimonial property rights and the six-month cooling period before a divorce would no longer be mandatory in cases of mutual consent.
The response to these proposed amendments by  Women’s Organisation, Men’s Organisations , Lawyers  all have given mixed . Some Lawyers have condemned the removing of the six month cooling period before a divorce but some have welcomed it saying there is no point in reconciling period for some marriages which are doomed from the beginning.
However Men’s Rights activists are having serious reservations. According to them the “irretrievable breakdown” ground is a disruptive change to the Family Law in India. Irretrievable breakdown changes the terms of divorce from a “fault” basis to a “no-fault” basis. That means either of the two adults in a marriage can unilaterally terminate it for any reason they please. Its consequences on society and family-life are far-reaching because it changes the incentives to stay within a marriage.
Many liberal democracies consider “irreconcilable differences” as a ground for no-fault divorce. But no-fault divorce is also the primary reason for the high divorce rate in those countries. Amit , another Men’s Rights activist told that the government has to answer many questions before it thinks of introducing such amendments.  He said proposed amendments are applicable only to Hindus and leave out minority communities. If laws are made regarding women’s empowerment and property rights, women of all religions should be considered. A woman can oppose the Irretrievable Breakdown petition but man has no such rights. Isn’t this a proposal drafted with an intent to favour only women. Where is gender equality.
Further he questioned during divorce, under what rights wife is eligible for share in the property purchased by man before marriage. There can be cases where a woman enters matrimony eyeing property of the entire man’s family, files Irretrievable Breakdown petition and then walks away with 50% of it and without opposition. Amit also questioned the agenda of WCD members and Brinda Karat who are spearheading such amendments. He asked If a poor man has no house at all how will the “abala-naari” of Ms Karat find a home . So what is the ultimate aim of this provision.
Amit  however had a few suggestions to the government. He said this law needs to be gender neutral. Replace “woman” with “Spouse”. Allow division of property only if the marriage is more than 10 years old. Exclude residential property if the woman has not made any contribution to it. Do not allow any educated woman to invoke these provisions as she is certainly capable of working. The division of all properties should be in proportion to the salary that they have both earned during the subsistence of marriage. If the same woman remarries will or won’t the law return whatever she has taken from her 1st husband has to be clarified. And lastly he told the law should clearly define guidelines for property distribution. It must not be left to judges’ discretion.
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http://legalnews.findlaw.com/photo/0bEueFz7QN2is
Indian husbands shout slogans during a protest in New Delhi on August 18, 2012 against  the amendments in the Marriage Bill which legally recognises a wife’s right to property acquired by her spouse during their marriage. Hundreds of men demanded that the government to roll back the Marriage Law Bill which proposes to introduce a policy of automatic property annexation from men in the name of No Fault Divorce.
GETTY IMAGES1 DAY AGOINDIAN HUSBANDS SHOUT SLOGANS DURING A PROTEST IN NEW DELHI ON AUGUST 18, 2012 AGAINST THE AMENDMENTS IN THE MARRIAGE BILL WHICH LEGALLY RECOGNISES A WIFE’S RIGHT TO PROPERTY ACQUIRED BY HER SPOUSE DURING THEIR MARRIAGE. HUNDREDS OF MEN DEMANDED THAT THE GOVERNMENT TO ROLL BACK THE MARRIAGE LAW BILL WHICH PROPOSES TO INTRODUCE A POLICY OF AUTOMATIC PROPERTY ANNEXATION FROM MEN IN THE NAME OF NO FAULT DIVORCE.
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ACTIVISTS TAKE UP CUDGELS FOR MARRIED MAN’S RIGHTS DEMAND ROLLBACK OF BILL PROMISING WIVES 50% SHARE IN HUSBANDS’ PROPERTY
ANANYA PANDA
TRIBUNE NEWS SERVICE
NEW DELHI, AUGUST 18
IT’S ADVANTAGE FOR WOMEN THAT THE LATEST MARRIAGE LAWS (AMENDMENT) BILL, 2010 PROMISES THEM 50 PER CENT SHARE IN HUSBAND’S PROPERTY.
IF PASSED BY PARLIAMENT, THIS BILL WILL ONLY MAKE MEN LOSE THEIR HARD-EARNED ASSETS AND PROPERTY TO WIVES IN CASE OF A BREAK-UP, POINTED OUT MEN RIGHTS ACTIVISTS DURING A PROTEST AT JANTAR MANTAR HERE TODAY. THEY DEMANDED A COMPLETE ROLLBACK OF THE AMENDED DIVORCE LEGISLATION IN ITS PRESENT FORM.
IN THE PROPOSED BILL TO BALANCE THE INCLUSION OF “IRRETRIEVABLE BREAKDOWN OF MARRIAGE” AFTER AMENDMENTS IN THE EXTANT LAWS–THE HINDU MARRIAGE ACT, 1955 AND THE SPECIAL MARRIAGE ACT, 1954, WHILE A HUSBAND CANNOT OBJECT TO THE PETITION FILED BY A WIFE VIS-À-VIS THE BENEFITS ENJOYED BY WIVES, THE HUSBANDS’ ASSETS AND NOT HIS LIABILITIES ARE CONSIDERED FOR DISTRIBUTION, THE SAME IS NOT APPLICABLE FOR WOMEN’S POSSESSIONS.
THIS HAS CAUSED A LOT OF RESENTMENT IN MEN ACTIVISTS AND OVER 350 SUCH MEN, VICTIMS OF MISUSE OF DOWRY AND DOMESTIC VIOLENCE LAWS, GATHERED HERE TODAY TO PROTEST UNDER THE BANNER OF SAVE FAMILY FOUNDATION (SFF).
IN THE NAME OF LIBERALISATION OF DIVORCE LAWS, THEY HAVE BEEN ROBBED OF THEIR RIGHT TO PARITY, WITH BIASES STANDING PRONOUNCED ON SEVERAL COUNTS, THE ACTIVISTS SAID WHILE URGING FOR A GENDER-NEUTRAL APPROACH BY REPLACING THE TERM WIFE IN THE ACT WITH “SPOUSE” AS HAS BEEN DONE IN SEVERAL PARTS OF THE WORLD.
ACCOMPANIED BY THEM, SFF MEMBER RITWIK BISARIA SAID, “IN THE GUISE OF THE NEW ACT, THE GOVERNMENT IS FUNDING PROPERTY BUSINESS. THE GOVERNMENT IS BIASED AS THE WIFE WALKS AWAY WITH HER POSSESSIONS ALONG WITH HER HUSBAND’S ASSETS EVEN AFTER A DAY OF MARRIAGE NOTWITHSTANDING THE MEN’S RESPONSIBILITIES TOWARDS HIS OLD PARENTS AND OTHER DEPENDENTS IN THE FAMILY.”
EQUATING THE LAW TO A PROPERTY CONTRACT THAT A MAN SIGNS FOR LIFE WHILE WIFE RUNS AWAY WITH A GREATER SAY, EVEN IN MATTERS OF THE CUSTODY OF CHILDREN, THEY EXPRESSED CONCERN THAT THE AMENDED LAW WILL TURN THE MARRIAGE INTO A BUSINESS.
“WE HAD SUBMITTED OUR OBJECTIONS AND SUGGESTIONS TO THE PARLIAMENTARY STANDING COMMITTEE EARLIER, BUT THE GOVERNMENT OVERRULED OUR CONCERNS AND BROUGHT THIS DRACONIAN BILL. PROTESTS ARE ALSO BEING HELD IN MANY OTHER PARTS OF THE COUNTRY AND EVEN IN LONDON WHERE THE ACTIVISTS PROTESTED IN FRONT OF THE INDIAN EMBASSY,” REMARKED RITWIK.
“THE ‘NO FAULT DIVORCE LAW’, BASICALLY A PROVISION IN THE US’ DIVORCE LAW WHICH ALLOWS A COUPLE TO DECIDE ON ENDING THEIR MARRIAGE, IS ANTI-MALE WHICH WILL FORCE THEM TO TAKE SEVERAL ROUNDS OF THE COURTS TO FIGHT 498A, DOMESTIC VIOLENCE ACT OR CRPC 125 OR CHILD CUSTODY FOR YEARS WHILE WOMEN CAN KEEP OFF THE COURT PROCEEDINGS,” THE ACTIVISTS ADDED.
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SEEKING ‘EQUALITY’ WITH WOMEN, MEN PROTEST MARRIAGE LAW BILL

NEW DELHI, AUG 19 , 2012 DHNS:

SEVERAL MEN AND WOMEN FROM DIFFERENT GROUPS DEMANDED A ROLLBACK OF MARRIAGE LAWS (AMENDMENT) BILL, 2010, WHICH PROPOSES TO INTRODUCE AUTOMATIC PROPERTY ANNEXATION FROM MEN. 
THIS AMENDMENT WILL RECOGNISE A WIFE’S RIGHT TO PROPERTY ACQUIRED BY HER SPOUSE DURING THEIR MARRIAGE. MEN WHO ARE GOING THROUGH THE DIVORCE PROCESS DEMAND THAT THE WORD ‘HUSBAND’ IN THIS AMENDMENT CLAUSE SHOULD BE REPLACED WITH ‘SPOUSE’ SO BOTH PARTIES MAY HAVE A RIGHT TO OPPOSE. THE UNION CABINET HAS APPROVED THE DRAFT MARRIAGE LAWS (AMENDMENT), BILL, 2010, LIKELY TO BE TABLED IN PARLIAMENT SOON.
SEVERAL MEN’S RIGHTS GROUPS ARE OPPOSING THESE “WOMEN-CENTRIC” AMENDMENTS IN THE MARRIAGE LAW, AS THEY ARE NOT HAPPY WITH THE IDEA OF PARTING WITH THEIR PROPERTY AFTER DIVORCE.
“WE HAD SUBMITTED SOME SUGGESTIONS TO THE LAW MINISTER AND THE PARLIAMENTARY COMMITTEE AS WELL BUT THEY DID NOT TAKE THEM INTO CONSIDERATION. THAT IS WHY WE DECIDED TO OPPOSE THE BILL,” SAID SWARUP SARKAR, FOUNDER MEMBER OF SAVE FAMILY FOUNDATION.
“THE FINANCIAL BENEFIT SHOULD BE LINKED WITH THE NUMBER OF YEARS A COUPLE IS MARRIED FOR. ACCORDING TO IT, A HUSBAND CANNOT OPPOSE THE WIFE’S ALLEGATIONS,” HE ADDED.
KUMAR V JAHGIRDAR, FOUNDER AND PRESIDENT OF THE BANGALORE-BASED CHILDREN’S RIGHTS INITIATIVE FOR SHARED PARENTING AID THE BILL DOES NOT DEAL WITH ISSUES LIKE CUSTODY OF CHILDREN AND VISITATION RIGHTS.
“IT IS BASED ON THE FLAWED PRESUMPTION THAT THE CHILD IS BEST TAKEN CARE OF BY THE MOTHER. BUT CHILDREN ARE GOING TO BE MAJOR LOSERS IF THIS BILL IS PASSED IN THE ABSENCE OF A FATHER,” HE SAID.
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ACTIVISTS TO PROTEST AGAINST MARITAL LAW AMENDMENT BILL

Oppose Marital Law jantar Mantar
NEW DELHI: A GROUP OF CHILD RIGHTS AND SOCIAL ACTIVISTS SEEKING EQUAL RIGHTS FOR MEN AND WOMEN AND GENDER NEUTRAL MARITAL LAWS WILL HOLD A DAY-LONG PROTEST IN DELHI AUG 18, AN ACTIVIST SAID THURSDAY.
“THE PROTEST WILL BE HELD AT JANTAR MANTAR AGAINST THE AMENDMENTS IN THE MARRIAGE BILL WHICH RECOGNIZE A WIFE’S RIGHT TO PROPERTY ACQUIRED BY HER SPOUSE DURING THEIR MARRIAGE,” BANGALORE-BASED CRISP (CHILDREN’S RIGHTS INITIATIVE FOR SHARED PARENTING) FOUNDER AND PRESIDENT KUMAR V. JAHGIRDAR SAID.
THE UNION CABINET HAS APPROVED THE MARRIAGE LAW (AMENDMENT BILL 2010) WHICH WILL BE TABLED IN THE ONGOING MONSOON SESSION OF PARLIAMENT.
“THE BILL DOES NOT DEAL WITH ISSUES LIKE CUSTODY OF CHILDREN AND VISITATION RIGHTS. IT’S BASED ON THE FLAWED PRESUMPTION THAT THE CHILD IS BEST TAKEN CARE BY THE MOTHER ONLY.”
“CHILDREN ARE GOING TO BE MAJOR LOSERS IF THIS BILL IS PASSED AS ABSENCE OF FATHER WILL HAMPER THEIR WELFARE,”  SAID JAHGIRDAR
A NUMBER OF MEN’S RIGHTS GROUPS ARE OPPOSING ‘WOMEN-CENTRIC’ AMENDMENTS IN THE MARRIAGE LAW, AS IN CASE OF DIVORCE MEN WOULD HAVE TO PART WITH THEIR PROPERTY.
CRISP, A NON-GOVERNMENT ORGANIZATION WITH MORE THAN 2,500 MEMBERS, IS ALSO DEMANDING SHARED PARENTING AND JOINT CUSTODY OF CHILDREN AS A RULE IN DIVORCE OR SEPARATION CASES.
-IANS
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HINDU MARRIAGE ACT AMENDMENTS DRAW FLAK

AUG 11, 2012 – TEENA THACKER |

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    THE RECENTLY-CLEARED AMENDMENTS TO THE MARRIAGE LAWS BY THE CABINET, WHICH ALLOW EQUAL SHARE OF RESIDENTIAL PROPERTY TO WIFE AND CHILDREN, HAS NOT GONE DOWN WELL WITH NGOS AS ABOUT 40 SUCH ORGANISATIONS FROM ALL OVER INDIA HAVE DECIDED TO PROTEST AGAINST THE NEW DIVORCE BILL NEXT WEEK.
IF PASSED, THE AMENDED BILL WILL GIVE WOMEN A CLEARLY-DEFINED SHARE IN THEIR HUSBAND’S IMMOVABLE PROPERTY, INCLUDING THAT ACQUIRED BEFORE MARRIAGE. AS PER THE RECENT AMENDMENTS, A WIFE WOULD NOW BE ELIGIBLE TO OPPOSE THE HUSBAND’S PLEA FOR DIVORCE UNDER THE NEW IRRETRIEVABLE BREAKDOWN OF MARRIAGE CLAUSE, THE HUSBAND ON THE OTHER HAND WILL NOT HAVE SUCH A RIGHT IF THE WIFE MOVES THE COURT ON THE SAME GROUNDS.
“THIS IS TOTAL INJUSTICE AND AGAINST ANY NATURAL JUSTICE SYSTEM OF THE WORLD. THE PROPERTY ACCRUED BEFORE MARRIAGE, EITHER SPOUSE SHOULD NOT HAVE ANY RIGHT, AS THERE IS NO CONTRIBUTION OF THE OTHER SPOUSE TO THAT, THE CONTRIBUTION TO BE CONSIDERED ONLY ON THE PROPERTY MADE AFTER MARRIAGE AND ANY CLAIM TO OTHER’S PROPERTY TO BE ALLOWED IF ONLY THE MARRIAGE OBLIGATION IS MORE THAN 10 YEARS,” SAID A SENIOR REPRESENTATIVE FROM SAVE FAMILY FOUNDATION.
WHILE, THE NEW AMENDMENTS HAVE ALREADY RECEIVED FLAK FROM THE BJP, MANY ORGANISATIONS WORKING FOR THE CAUSE OF MEN HAVE ALSO SUBMITTED THEIR OBJECTIONS TO A PARLIAMENT COMMITTEE. EXPRESSING THAT THIS THE NEW AMENDMENTS (IF PASSED) WILL CREATE DISHARMONY, HUGE LITIGATION IN COURTS FOR PROPERTY DISPUTES, INCREASE OF CRIME, NGOS HAVE DECIDED TO PROTEST AGAINST THE PROPOSED AMENDMENTS AT JANTAR MANTAR NEXT WEEK.
ACCORDING TO ANOTHER PROPOSED AMENDMENT — 13D (1) — WHERE THE WIFE IS THE RESPONDENT TO A PETITION FOR THE DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION 13C, SHE MAY OPPOSE THE GRANT OF DECREE ON THE GROUND THAT THE DISSOLUTION OF THE MARRIAGE WILL RESULT IN GRAVE FINANCIAL HARDSHIP TO HER AND THAT IN ALL CIRCUMSTANCES BE WRONG TO DISSOLVE THE MARRIAGE. THE NGOS SAY THAT THE RIGHT TO “OPPOSE” SHOULD BE GIVEN TO BOTH THE PARTIES.
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HTTP://WWW.DECCANHERALD.COM/CONTENT/272230/BILL-WOMEN-CENTRIC-ACTIVISTS-PLAN.HTML

‘BILL WOMEN-CENTRIC’, ACTIVISTS PLAN PROTEST FOR EQUAL MARITAL LAWS

NEW DELHI, AUG 16, 2012, IANS:
A GROUP OF CHILD RIGHTS AND SOCIAL ACTIVISTS SEEKING EQUAL RIGHTS FOR MEN AND WOMEN AS WELL AS GENDER NEUTRAL MARITAL LAWS WILL HOLD A DAY-LONG PROTEST IN THE CAPITAL ON SATURDAY, AN ACTIVIST SAID.
“THE PROTEST WILL BE HELD AT JANTAR MANTAR AGAINST THE AMENDMENTS IN THE MARRIAGE BILL, WHICH RECOGNISE A WIFE’S RIGHT TO PROPERTY ACQUIRED BY HER SPOUSE DURING THEIR MARRIAGE,” SAID KUMAR V JAHGIRDAR, PRESIDENT OF BANGALORE-BASED NON-GOVERNMENT ORGANISATION.
THE UNION CABINET HAS APPROVED THE MARRIAGE LAW AMENDMENT BILL 2010, WHICH WILL BE TABLED IN THE ONGOING MONSOON SESSION OF PARLIAMENT.
“THE BILL DOES NOT DEAL WITH ISSUES LIKE CUSTODY OF CHILDREN AND VISITING RIGHTS. IT IS BASED ON THE FLAWED PRESUMPTION THAT THE CHILD IS BEST TAKEN CARE BY THE MOTHER ONLY,” ADDED JAHGIRDAR.
“CHILDREN ARE GOING TO BE THE LOSERS IF THIS BILL IS PASSED AS ABSENCE OF FATHER WILL HAMPER THEIR WELFARE,” JAHGIRDAR SAID.
A NUMBER OF MEN’S RIGHTS GROUPS ARE OPPOSING ‘WOMEN-CENTRIC’ AMENDMENTS IN THE MARRIAGE LAW, LIKE IN CASE OF DIVORCE MEN WOULD HAVE TO PART WITH THEIR PROPERTY.
JAHGIRDAR ADDED THAT THEY ARE DEMANDING SHARED PARENTING AND JOINT CUSTODY OF CHILDREN AS A RULE IN DIVORCE OR SEPARATION CASE.
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INDIAN MEN PROTEST AGAINST DIVORCE LAW AMENDMENT

AUGUST 18TH, 2012 BY RAHUL KUMAR
Indian Men Protest Against Divorce Law Amendment

01/16
CAPTION

PROTESTERS AT A SIT-IN IN NEW DELHI, INDIA, AGAINST THE MARRIAGE LAW AMENDMENT (DRAFT) BILL, WHICH THEY CLAIM WILL ENTITLE A WIFE TO 50 PER CENT OF A HUSBAND’S WEALTH AFTER DIVORCE. THEY ARE OPPOSING THE QUICKIE DIVORCE THAT THE NEW LAW PROVIDES.

Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
Indian Men Protest Against Divorce Law Amendment
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NEARLY A THOUSAND MEN FROM ACROSS INDIA CONVERGED IN NEW DELHI TO PROTEST AGAINST A PROPOSED BILL THAT SEEKS TO PROVIDE FIFTY PER CENT OF A HUSBAND’S FAMILY WEALTH TO THE WIFE IN CASE OF DIVORCE. IT ALSO SEEKS TO PROVIDE A FAST DIVORCE TO A COUPLE.
NEARLY A THOUSAND MEN FROM ACROSS INDIA CONVERGED IN NEW DELHI TO PROTEST AGAINST A PROPOSED BILL THAT SEEKS TO PROVIDE FIFTY PER CENT OF A HUSBAND’S FAMILY WEALTH TO THE WIFE IN CASE OF DIVORCE.
THE MEN, WHO CAME FROM VARIOUS ORGANISATIONS AND NGOS, ARE PROTESTING AGAINST WHAT THEY CALL THE ‘NO FAULT DIVORCE LAW’ WHICH THEY SAY ALLOWS FOR A FAST DIVORCE EVEN IF ONE OF THE SPOUSE DOES NOT WANT A DIVORCE. THE PROTESTERS FEAR THAT IF THE AMENDMENTS ARE PASSED BY THE INDIAN PARLIAMENT, THEN MOST MEN WILL BECOME BANKRUPT.
THE BIGGEST GRIEVANCE OF THE PROTESTERS WAS THAT IF THE MAN WANTS DIVORCE, THE COURTS AS WELL AS THE WIFE OPPOSE IT BUT IF THE WIFE WANTS ONE THE DIVORCE WILL BE GRANTED.
THE PROPOSED LAW HAS BEEN GIVEN MANY NAMES BY THE PROTESTERS. IT IS ALSO CALLED THE ‘IRRETRIEVABLE BREAKDOWN OF MARRIAGE’ (IRBM) AS WELL AS THE ‘GOLD DIGGERS LAW,’ AS IT WILL ENRICH WOMEN.
THE MEN’S RIGHTS ACTIVISTS DEMANDED THAT THE LAW MINISTRY SHOULD ROLL BACK THE AMENDMENTS AS THE HINDU MARRIAGE ACT IS GENDER NEUTRAL. THEY ALSO WANTED THAT CHILDREN MUST BE GIVEN ACCESS TO BOTH BIOLOGICAL PARENTS IN CASE OF DIVORCE OR SEPARATION.
THE PROTESTERS DEMANDED THAT THE GOVERNMENT BRING DOWN THE COST OF LITIGATION FOR COUPLES IN DIVORCE PROCEEDINGS.
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AGITATION AT JANTAR- MANTAR FOR SAVE FAMILY

AUGUST 19, 2012   ADMIN   NO COMMENTS
manuj (1)
NEW DELHI : SAVE FAMILY FOUNDATION  ALREADY SUBMITTED OUR OBJECTION AND SUGGESTIONS TO PARLIAMENT COMMITTEE, BUT THE PRESENT LAW MINISTER TOTALLY IGNORE THE SAME AND EVEN TAMPER THE ORIGINAL BILL EVEN WORSE BY MAKING NEW AMENDED, SO FOUNDATION MADE AGITATION ON JANTAR- MANTAR.
DAMAN HAS BEEN A PART OF IT AND IN FACT, MANUJ GUPTA WAS THE ANCHOR OF THE PROGRAM AND IT WAS GREAT PLEASURE TO STATE THAT THE DIRECTOR OF THE FILM “498A-THE WEDDING GIFT” AND INDIA’S MOST WANTED SERIAL ANCHOR, MR. SUHAIB ILYASI WAS ALSO PRESENT IN THE EVENT. A MEMORANDUM WAS ALSO SEND TO THE PRIME MINISTER AND THE PRESIDENT. OTHER MEMBERS FROM DAMAN WERE MR.ANUPAM DUBEY, PRADEEP KUMAR BAJPAI, ARVIND KUSHWAHA, MANISH GUPTA, ABHISHEK SHRIVASTAVA.
MANUJ GUPTA OF DAMAN DEMANDED THAT  THE BILL MUST BE GENDER NEUTRAL, IF A WIFE HAVE CONTRIBUTION TO HUSBANDS PROPERTY( MOVABLE OR IMMOVABLE) , ANY PROPERTY MADE BY WIFE ( MOVABLE OR IMMOVABLE) ALSO HAVE HUSBANDS CONTRIBUTION, SO ONLY EVEN IN USA-TXAS LAW THE WORD USED “SPOUSE” INSTEAD OF WIFE OR HUSBAND, OTHER WISE ONE SIDED LAW WILL CREATE A DISHARMONY, INCREASE OF CRIME, HUGE LITIGATION IN COURT FOR PROPERTY DISPUTES.
FOUNDATION TOLD  THEIR  VIEW THAT RIGHT TO OPPOSE SHOULD BE GIVEN TO BOTH PARTIES THE WORD WIFE TO BE REPLACED BY THE WORD “SPOUSE”.THE LINE TO BE ADDED: THE DIVORCE DEGREE WILL BE AWARDED ONLY WHEN ALL OTHER CASES AGAINST EACH OTHERS HAD BEEN QUASHED OR WITHDRAWN AND IN FUTURE NO CASES WILL BE FILED AGAINST EACH OTHER SPOUSE. OTHERWISE THE BASIC PURPOSE OF THIS LAW TO REDUCE THE LITIGATION WILL BE DEFEATED.
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ACTIVISTS PROTEST AGAINST ‘FLAWED’ DIVORCE BILL

NEW DELHI: AUG 20 , 2012 DH NEWS SERVICE

CHILD RIGHTS AND SOCIAL ACTIVISTS PROTESTED AT JANTAR MANTAR RECENTLY AGAINST IMPLEMENTATION OF THE PROPOSED ‘NO FAULT DIVORCE LAW’ WHICH THE CABINET APPROVED FEW MONTHS BACK.

CHILD RIGHTS AND SHARED PARENTING (CRISP), AN NGO WHICH WORKS ON THE SERIOUS EFFECTS OF PARENTAL ALIENATION OF CHILDREN DUE TO SINGLE PARENT FAMILIES ON ACCOUNT OF DIVORCE OR SEPARATION HAS DEMANDED THAT THE BILL SHOULD BE GENDER NEUTRAL LIKE THE HINDU MARRIAGE ACT.CRISP MEMBERS EXPRESSED CONCERNS ON THE PROPOSED AMENDMENT OF MARRIAGE LAW BILL AND ‘NO FAULT DIVORCE’ AND RECOMMENDED CERTAIN CHANGE TO THE PROPOSED BILL IN THE INTEREST OF MINOR CHILDREN TO THE COMMITTEE SET TO MAKE THE BILL.

“WE HAD MADE IT CLEAR TO THE COMMITTEE THAT THE PRESENT BILL DOES NOT DEAL WITH MATTERS LIKE CUSTODY OF THE CHILDREN, VISITATION RIGHTS ETC. THE BILL IS BASED ON THE FLAWED PRESUMPTION THAT THE CHILD IS BEST TAKEN CARE BY THE MOTHER ONLY,” SAID KUMAR V JAHGIRDAR, PRESIDENT, CRISP.ACCORDING TO JAHGIRDAR, INDIA DOES NOT NEED THE CONCEPT OF ‘NO FAULT DIVORCE LAW’.

“IF THE LAW IS ENACTED, THEN MEN OR WOMEN WILL GET DIVORCE EVEN IF THEIR SPOUSES DO NOT WANT IT. WITH THE PROPOSED BILL, IN NAME OF USE OF SECTION 15(3) OF THE CONSTITUTION OF INDIA, SECTION 15(1) IS UNDER COMPLETE VIOLATION WHEN IT DOES NOT ALLOW ONE GENDER (MALE) TO CONTEST HIS OWN CASE. THE BILL CURTAILS THE FUNDAMENTAL RIGHTS TO EQUALITY BEFORE LAW AS GRANTED BY CONSTITUTION TO EVERY CITIZEN,” HE SAID.

THE MEMBERS DEMANDED THAT CHILDREN MUST BE GIVEN ACCESS TO BOTH PARENTS IN CASE OF DIVORCE OR SEPARATION.

“ACCORDING TO THE PROPOSED BILL, THE HUSBAND CANNOT CHALLENGE THE DIVORCE PETITION FILED BY HIS WIFE, ON THE GROUNDS OF FINANCIAL HARDSHIP WHICH IS A GROSS VIOLATION AND AGAINST THE PRINCIPAL OF NATURAL JUSTICE,” ADDED JAHGIRDAR.

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 पुरुष-महिला को समान अधिकार के लिए धरना
जासं, नई दिल्ली : हिंदू विवाह अधिनियम में तलाक का एक और आधार बनाए जाने सम्बंधी अधिनियम आइ.आर.बी. एम. के विरोध में देश भर से आए पुरुष अधिकारों के लिए काम करने वाली चालीस संस्थाओं ने जंतर-मंतर पर धरना दिया। सेव फैमली फाउंडेशन की अगुआई में उसकी 40 सहयोगी संस्थाओं ने आइ.आर.बी.एम.एक्ट के खिलाफ धरना दिया। इस अधिनियम के तहत यदि पति पत्‍‌नी में नहीं निभ पा रही है तो वें तुरंत अलग हो सकते हंै और पति की आधी सम्पत्ति को लेने का अधिकार पत्नी के पास होगा। सेव फैमिली फाउंडेशन के अध्यक्ष और संस्थापक स्वरूप शंकर ने बताया कि इस कानून के तहत पति को अपना विरोध दर्ज कराने का मौका भी नहीं मिल पाएगा।
पत्नियों को मिल रहे अधिकार पर पतियों का प्रदर्शन
नई दिल्ली। समरजीत सिंह

पत्नियों के लिए बन रहे केंद्र सरकार के नए कानून ने पतियों की हवा निकाल दी है। घबराए पतियों ने जंतर-मंतर पर शनिवार को करीब 40 संगठनों के साथ मिलकर पुरुष अधिकारों को बनाए रखने के लिए धरना दिया है। प्रदर्शनकारियों ने हिंदू वविाह अधिनियम में संशोधन कर इर्रिटीबल ब्रेक डाउन ऑफ मैरिज को तलाक का नया अधिकार बनाए जाने का पुरजोर विरोध किया है। सेव फैमिली फाउंडेशन के तहत आयोजित इस प्रदर्शन में दिल्ली के स्वरूप सरकार ने इसे परिवार में बिखराव पैदा करने वाला कानून करार दिया है।
स्वरूप के मुताबिक, यह कानून पत्नियों को तलाक के बाद पति की आधी संपत्ति का कानूनी अधिकार देता है। इतना ही नहीं, इस कानून के तहत शादीशुदा महिलाएं कभी भी तलाक लेकर आधी संपत्ति का दावा कर सकती हैं, जबकि उनके पतियों को इसके विरोध में अर्जी लगाने का भी अधिकार नहीं दिया गया है। दिलचस्प बात यह है कि ताजा कानून के विरोध में उतरे पुरुषों का समर्थन कुछ महिलाएं भी कर रही हैं। इस धरने में शामिल होने लखनऊ से आईं डॉ. इंदु सुभाष कहती हैं कि परिवार के दरकते रशि्तों में इस तरह के कानून आग में घी डालने का काम कर रहे हैं।
रशि्तों को बचाने के लिए हमने इस कानून का विरोध करने का फैसला किया है। इस कानून को पारित होने से रोकने के लिए हम लोगों ने कानून मंत्री सलमान खुर्शीद से लेकर अन्य सांसदों से संपर्क किया है। साथ ही, राष्ट्रपति और राज्यों के मुख्यमंत्री को ज्ञापन भेजने की तैयारी में जुटे हैं। उठाया कानून का नाजायज फायदापेशे से इंजीनियर मुंबई के अमित देशपांडे की शादी चार साल पहले हुई थी, लेकिन पत्नी कभी ससुराल नहीं आई। पति-पत्नी बंगलुरू में रहते थे, लेकिन 2010 में अमित को दोबारा मुंबई आना पड़ा, जबकि पत्नी वहीं रुक गई।
खर्च बढ़ने के कारण जब अमित पत्नी को पहले की तुलना कम रुपये भेजने लगे। अमित कहते हैं कि कम रुपये भेजना पत्नी को इतना खटक गया कि उन्होंने मेरे परिवार पर धारा 498 ए और घरेलू हिंसा निरोधक कानून के तहत मामले दर्ज करा दिए। अमित आज भी मुकदमे की मार ङोल रहे हैं और हर महीने पत्नी को खर्च भेजते हैं। अमित के मुताबिक, पत्नी अब तलाक मांग रही है और अगर यह कानून पारित हो जाता है तो उन्हें अपनी संपत्ति का आधा हिस्सा पत्नी को देना होगा।
पत्नी ने छीना परिवार से घर शादी करने के बाद नागपुर के मनोज की जिंदगी ही मानो उनसे रूठ गई। शादी के कुछ समय बाद मनोज की पत्नी ने माइके वालों के साथ मिलकर मनोज और उसके परिवार पर दहेज उत्पीड़न का मामला दर्ज करवाकर घर अपने नाम करवा लिया। मनोज अपने घर के लिए केस लड़ रहे हैं और उनकी पत्नी उस मकान से किराया वसूल रही है। इतना ही नहीं, पत्नी हर महीने गुजारा भत्ता भी ले रही हैं।
मेरे सभी रशि्तेदारों पर उसने मामला दर्ज कराया है, ऐसे में मेरे साथ-साथ मेरा पूरा परिवार आज कोर्ट के चक्कर लगा रहा है। पतियों की मांग 1. कानून मंत्री इस कानून का रोलबैक करे। 2. इसको लिंग भेद से अलग रखा जाए। 3. कानून में यह जिक्र हो कि तलाक के बाद बच्चों की देखभाल कौन और कैसे करेगा?4. पुरुषों पर चलाए जाने वाले झूठे मामलों की पहचान कर उसे खत्म किया जाए। 5. शादी के समय लड़की को उसके अभिभावक की संपत्ति में से बराबर हिस्सा मिले।
आपत्ति-1. यह कानून देशवासियों पर पश्चिमी सभ्यता की छाप छोड़ता है। 3. यह कानून पति और उसके परिवार वालों के खिलाफ है। 4. इसके तहत पति को पत्नी द्वारा दायर याचिका के खिलाफ अपील तक करने का अधिकार नहीं है। 5. अगर पत्नी ने शादी से पहले या उसके बाद कोई संपत्ति बनाई है, तो उसमें हिस्सेदारी को लेकर कुछ नहीं कहा गया है।

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जंतर मंतर पर आज ‘पतियों’ की जमात
नई दिल्ली। हिन्दू विवाह अधिनियम में प्रस्तावित संशोधन के विरोध में पतियों की जमात शनिवार को जंतर मंतर पर लगेगी। देशभर से करीब 40 ऐसी संस्थाएं जो पति कल्याण के लिए काम कर रही हैं, वह इसमें हिस्सा लेंगी। प्रदर्शन के बाद राष्ट्रपति को ज्ञापन भी दिया जाएगा। दहेज कानून के दुरुपयोग से पीड़ित पतियों की संस्था ‘आदमी’ (आर्मी अगेंस्ट डावरी एक्ट मिसयूज इन इंडिया) के अध्यक्ष उमेश तलवार ने बताया कि संशोधन के मुताबिक अत्यंत खराब वैवाहिक संबंध जो सुधर नहीं सकते उसे तलाक का आधार बनाया गया है।
इस संशोधन को ‘आईआरबीएम’ नाम से जाना जा रहा है। जिसमें संपत्ति के बंटवारे को लेकर पत्नियों को तरजीह दी गई है। जबकि तलाक की स्थिति में संपत्ति का बंटवारा किए जाने की प्रक्रिया में पति और पत्नी दोनों को समान रूप से देखा जाना चाहिए। संशोधन में पत्नी शब्द इस्तेमाल किया गया है जबकि वहां पर स्पाउज शब्द लिखा जाना चाहिए। आदमी के साथ ‘सेव फेमिली फाउंडेशन’ ने दिल्ली चलो का नारा देकर एक्ट में संशोधन का विरोध किया है और इसे रोल बैक करने की मांग उठाई है।
फाउंडेशन के स्वरूप ने बताया कि प्रदर्शन का समय सुबह 12 बजे से शाम चार बजे तक रखा गया है।
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