Application to the President of India on the objection to the Proposed “ Marriage Laws

Date : 10-08-2012

To

Hon’ble President of India,

Rashtrapati Bhavan

New Delhi, Pin-110004.

Sub : Main objection to the Proposed “ Marriage Laws....

We had 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 we request either make the law gendesr neutral and respect natural justice or roll back the same immediately as this will became a “ extraction law” than giving any natural justice to people.

1. 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.
2. The benefit of divorce can’t be equal to married relationship, as the obligation and responsibility after divorce change to either spouse. Even in 2010 China SC also amended the property division law to belongs to the spouse who made it, as such law made havoc in court cases and people started use the marriage as property earning business than love or care to each others.
3. 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line to be added: The Divorce degree will be awarded only when all other cases against each others had been quashed or withdrawn and in future no cases will be filed against each other spouse.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 Like.

There are other provisions of maintenance HMA 24/25, CrPC 125,DV Act, adding another provision is duplication and a tool to harass the husband. Rampant misuse of this section to harass the husbands As per 13 C(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.)

Our Proposed: “ The respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, may oppose the grant of a a decre 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,DV Act and other litigations should be quashed before the grant of decree.”

4. Proposed Amendment: 13 F and 28 D: ) Special provisions relating to disposal of property in proceedings under 13 C) Without prejudice to any customs or usage or any other law for the time being in force, in any proceeding under section 13 C, 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 13 E, 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 spouses which followed by all over world, even in USA-Txas the same is spouse.If this law passed as per above, for example the wife have 1000 crs let it be given by husband also) and husband have only 10 Lakhs,but as per law, her 100 crs can’t be touched, but the husband 10 Lakhs to be divided and given to wife? This is totally injustice and against natural justice.

The property accrued before marriage, either spouse should not have any right, as there is no contribution of other spouse on that, the contribution to be considered only on the property made after marriage and any claim to others property to be allowed if only the marriage obligation is more than 10 years.

So Our Proposed : 13 F and 28D : ( Special provisions relating to disposal of property accrued during subsistence of marriage in proceedings under 13 C).

“ Without prejudice to any customs or usage or any other law for the time being in force, in any proceeding under section 13 C, 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 desfined in section 13 E, 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 immovale residential property of the other party. For any claim each others spouses residential property, the minimum marriage duration should be considered as 10 years.

5. The law should be equal and must follow the natural justice and stop making assumption that all women born in Raja Harish Chandra family and all men all men born in criminal family.The person seeking Divorce on “ No fault Ground”, should not get the same benefit, who seek the divorce by proving other party fault. A person should not be punished or his/her hard earned accrued property movable or immovable should not be garbed under any such biased law, which will create injustice and will create more disharmony in society which in result will increase the over all crime in India.

Thanking you,

Yours faithfully,

G.Mohanan Pillai

(General Secretary)

Kudumba Samrakhana Vedi

From the Department of Social Welfare

Application to the Hon'ble minister for social welfare - For solving drawbacks in woman protection laws

Memorandam on the Marriage Laws (Amendment) Bill 2010

Date : 24-7-2012

To

The Union Minister of Law and Justice

Govt. of India,

Sasthri Bhavan

New Delhi – 110001

Sub : - Memorandum on the Marriage Laws (Amendment) Bill 2010 

 

Sir,

We request the Hon’ble standing committee kindly to consider the following submissions also in the context of the above said proposed Bill.

Sec.498 -A is generally being misused by women and their men, also by their Advocates, to lodge baseless complaints against some innocent persons who happened to be in the status of husbands and their relatives. In most occasions the court consider only the prima – facie status of the case and even though the allegation is a false one, the innocent husband and his relatives are remanded to judicial custody as the offense is a non-bailable one, thus some times the accused persons, who is forced to face a crime under 498 A of IPC is compelled to get arrested, irrespective of his social status. In most of such cases the marital ties lead to permanent brake down and finally to divorce. 

 

Now a days the brides or the bride grooms are not complying with the provisions of the dowry prohibition Act in keeping a register regarding the gifts, money and ornaments or other assets that they are receiving at the time of marriage. In the latter stages of their marriage, when conflicts occur, the wife generally utilize this occasion to raise false claims against the husbands who actually had not received any assets from the wife or his relatives and the present law of evidence connected with these type of cases, pronounce judgments in favor of the wife even attaching his assets. In these case strict evidence and independent verification is required. 498 A is a sharp weapon given in the hands of women to wreak havoc on husband and his family members and also by police to make money.

Huge and inflated claims are made of money and jewelery given at the time of marriage. It is essential that before these are accepted, the Honorable Court should have independent verification of the contentions done, either by the Police or by other agencies. If found wrong, heavy penalties should be imposed on the party making the inflated claims.

When the character of one party is attacked then also verification should be done and the wrong party punished. 

 

When one party claims that certain assets were acquired by that party, the source of income of that party should be proved so that false claims are dismissed. 

 

It should be borne in mind that in marriage disputes the children suffer. Adequate attention should be given to this aspect & also sufficient measures evolved to protect them and also to ensure that their future is taken care of properly.

When it is clear that the party, who is approaching the Court for divorce after many years of marriage, it should be accepted that party is approaching the Court because that party has come to the irretrievable situation. In such circumstances the counseling procedure etc should be dropped. In such a situation if the other party refuses to attend the Court, Despite notice, the relief sought should be allowed without delay. 

 

When the marriage had subsisted for a number of years, the huge claims of compensation made by the wife should not be allowed taking note of the fact that the husband had looked after the family for such a long period and he had chosen to walk out because of the behavior of his wife and/or children. 

 

In a situation where the husband had walked out of the shared house because threat of false criminal case being foisted against him under the Domestic Violence Act or otherwise the wife should not be allowed possession of the house built by the husband . It is seen that in some case the Court has given the house to the wife even though the house was built by the husband out of his hard earned money.

In case of Joint petition, the same should be allowed immediately and the waiting period of six months should be done away with. 

 

At present the provisions of Domestic Violence Act are weighed heavily in favor of women. Unless this is rectified even decent young men would shudder to enter into the institution of marriage and the harmony in existing marriages will be disturbed greatly.

Sec, 498- A is against equality before law enshrined in our constitution.

In most cases, counseling is only a drama in the courts, for name sake.

Thanking you,

Yours faithfully,

G.Mohanan Pillai

General Secretary

     Kudumba Samrashana Vedi

     Kerala.