Monday, March 27, 2017

SIF's strong objections to Marriage (Amendment) Bill

सेवा में,

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__________________________

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विषय: विवाह (संशोधन) विधेयक के विरुद्ध आपत्तियाँ

श्रीमान जी,

सेव फ़ैमिली फाउंडेशन, 40 से ज़्यादा गैर-सरकारी संगठनो द्वारा चलाए जा रहेसेव इंडियन फैमिली मूवमेन्टका हिस्सा है। यह आंदोलन, 2005 से निरंतर, एक संतुलित समाज और परिवारों में सद्भाव बनाए रखने की दिशा में कार्यरत है। पिछले 10 सालों में करोड़ों परिवारों की मदद की है और कई परिवारों को टूटने से बचाया है।

समाचार रिपोर्टों एवं हमारे द्वारा कानून मंत्रालय के विधायी विभाग में फोन पर हुई बातचीत से यह संज्ञान में आया कि भारत सरकार इसी शीतकालीन सत्र में एक नया कानून, विवाह (संशोधन) विधेयक पेश करने जा रही है और इस विधेयक के मसौदे के माध्यम से हिन्दू विवाह अधिनियम, 1955 एवं विशेष विवाह अधिनियम में संशोधन करना चाहती है।

इस पत्र के माध्यम से हम विवाह (संशोधन) विधेयक के लिये अपनाई गयी प्रक्रिया के विरुद्ध कड़ी आपत्ति दर्ज कराना चहते हैं।

हम आपके संज्ञान में यह लाना चाहते हैं कि:

1. यह वही कानूनी मसौदा है जो पिछली सरकार के कार्यकाल में भी सूर्य के प्रकाश से वंचित रहा था क्योकितब भाजपा को बिलकुल सही एहसास हो गया था कि यह कानून हिंदू परिवारों एवं हिंदू पुरुषों के लिये कितना विनाशकारी है।

2. यह वही कानूनी मसौदा है जिसे समाज के विभिन्न वर्गों में नकार दिया गया था और जिसकी वजह से, गलत कारणों से ध्यान आकर्षित होने के कारण भारत की क्षमताओं के प्रति व्यापक अंतर्राष्ट्रीय संदेह का माहौल बना था।

3. अंतर्राष्ट्रीय स्तर पर, इसी तरह के कानूनो में संपत्ति विभाजन विशुद्ध रूप से संपत्ति में व्यक्ति के वित्तीय योगदान, विवाह की अवधि और दोनों पक्षों के आचरण के आधार पर ही आधारित होता है। यूपीए सरकार ने कुछ पुरुष-विरोधी संगठनों के दबाव में आकर, जल्दबाजी में एक गलत विधेयक का प्रस्ताव रखा, जिसके उपरान्त भाजपा ही हिंदू पुरुषों के बचाव के लिए आयी थी।

4. भाजपा को इस विधेयक से अर्थव्यवस्था और परिवार प्रणालीके प्रति खतरों का एहसास हुआ:

a. हिन्दू पुरुष संपत्ति खरीदना बंद कर देंगे और इससे अर्थव्यवस्था को आघात होगा।

b. हिन्दू पुरुष शादी करना बंद कर देंगे जिससे हिन्दू जनसंख्या में गिरावट आयेगी।

c. हिन्दू पुरुष मजबूरन या तो अपनी बहनों से शादी करेंगे या धर्म परिवर्तन करेंगे।

d. पतियों की आत्महत्या की दर जो कि भारत में सर्वाधिक है, और बढ़ेगी।

5. पूर्व एवं वर्तमान विधेयक, संवैधानिक रूप से गलत हैं क्योकि उनका मसौदा माननीय उच्चतम न्यायालय के दिशा निर्देशों के बिलकुल अलग है। माननीय उच्चतम न्यायालय ने शादी के असाध्य रुप से टूटने की स्थिति में विवाह विच्छेदन हेतु कानून बनाने के लिये दिशा निर्देश दिये थे ना कि संपत्ति विभाजन के लिये।

6. पूर्व एवं वर्तमान विधेयक, संवैधानिक रूप से गलत हैं क्योकि यह केवल महिला कल्याणमंत्रालय और राष्ट्रीय महिला आयोग के सुझावों के अनुसार है और पुरुषों की पूर्ण रूप से उपेक्षा करता है, जबकि पुरुष भी विवाह कानूनों में किसी भी परिवर्तन से समान रूप से प्रभावित होते है।

7. पूर्व एवं वर्तमान विधेयक, संवैधानिक रूप से गलत हैं क्योकि यह लिंग-भेद रहित हिन्दू विवाह अधिनियम को पुरुष विरोधी भी बनाता है।

यह चौंकाने वाली बात है कि ऊपर वर्णित वास्तविकताओं के बावजूद, एक प्रभावशाली नेतृत्व में एक दूरदर्शी सरकार ने भी इस विधेयक के लिये पूर्व सरकार द्वारा अपनाया गया मार्ग ही चुन लिया।

इस पत्र के माध्यम से, विधायी विभाग के वर्त्मान मसौदा तैयार करने में, किये हुए स्पष्ट उल्लंघन भी हम आपके संज्ञान में लाना चाहते हैं। 10 जनवरी 2014 को निर्धारित Pre-Legislative Consultation Policy (PLCP) के अनुसार यह निर्णीत हुआ था कि:

The Department / Ministry concerned should publish / place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned / affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department / Ministry concerned.

हम आपका ध्यान एक अधिसूचना, D.O. No. 11(35) / 2013-L.I., तारीखी 5 फ़रवरी 2014 की ओर आकर्षित करना चाहते है, जो कि यह सुनिश्चित करता है कि मंत्रालय, विधेयक के मसौदे को पब्लिक डोमेन में कम से कम 30 दिनों के लिये प्रकाशित करें और प्रभावित लोगों को सूचित करें। दुर्भाग्यवश, वर्तमान मसौदा स्पष्ट रूप से कैबिनेट सचिव की अध्यक्षता में सचिवों की समिति (CoS) द्वारा निर्धारित इस बहुत ही महत्वपूर्ण प्रावधान / प्रक्रिया का उल्लंघन करता है।

हम यहाँ यह भी निवेदन करना चाहते हैं कि कोई प्रक्रिया अपनाने के बाद यदि विधेयक निरस्त होता है तो वही प्रक्रिया किसी भी समान मसौदे वाले कानून के लिये लागू नहीं कर सकते और इसीलिए एक मसौदा जिससे बड़े पैमाने पर सार्वजनिक चिंताओं / आशंकाओं का जन्म होता हो, उसे लोकतंत्र में निर्धारित संवैधानिक प्रक्रियाओं को तिलांजली देकर आगे नहीं बढ़ाया जा सकता।

इस पत्र के माध्यम से हम आपसे निवेदन करते हैं कि:

1. विवाह (संशोधन) विधेयक की प्रक्रिया को तत्काल रोकें, क्योंकि यह भारतीय लोकतंत्र में नागरिकों के मौलिक अधिकारों का उल्लंघन करता है।

2. विधेयक के मसौदे पर जनता की राय और प्रतिक्रिया के लिये एक ड्राफ्ट मसौदा प्रकाशित करें

3. मसौदा तैयार करने की प्रक्रिया में हर पक्ष की हिस्सेदारी होनी चाहिये, अर्थात, अगर पुरुषों की ओर से कोई राष्ट्रीय पुरुष आयोग नहीं है तो महिलाओं की ओर से भी महिला कल्याण मंत्रालय या राष्ट्रीय महिला आयोग को भी भाग लेने की अनुमति नहीं होनी चाहिये

4. पुरुषों के लिये काम करने वाले संगठनो को साथ लेकर राष्ट्रीय पुरुष आयोगके गठन की प्रक्रिया आरम्भ करें, ताकि कानूनों और कानून बनाने की प्रक्रिया के संदर्भ में, समाज में न्यायसंगत संतुलन वापस सके।

5. एक संसदीय समिति का गठन कर मसौदे पर पुनर्विचार करें और देखें कि क्या ऐसे किसी कानून की आवश्यकता है भी, क्या ये माननीय उच्चतम न्यायालय के दिशा निर्देशों के अनुसार है या केवल कुछ इच्छुक पुरुष-विरोधी पार्टियों के दबाव में ही बनाया जा रहा है।

आपके द्वारा मदद समर्थन, तथा हमारी प्रार्थना अनुसार तत्काल कार्यवाही की अपेक्षा में...

आपका शुभाकांक्षी

वासिफ अली

कोषाध्यक्ष, सेव फ़ैमिली फाउंडेशन, दिल्ली

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मोबाइल: 9818509406

स्थान: नई दिल्ली


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To,

__________________________

__________________________

__________________________

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SUBJECT: SERIOUS OBJECTIONS TO INTRODUCTION OF MARRIAGE (AMENDMENT) BILL

Dear Sir,

Save Family Foundation is a part of 40+ NGO Conglomerate, namely, “Save Indian Family Movement”. The movement, since 2005, has been working towards creating a balanced society and achieves family harmony. The Movement has helped crores of Indian Families in past 10 Years and saved many families.

With this letter, we hereby want to register very serious and strong objection to the process followed for the Introduction of Marriage (Amendment) Bill. As per the latest news reports and as per our phone calls to the Legislative Department of Law Ministry, it is understood that the Government is about to Introduce a new Law, Marriage (Amendment) Bill in this Winter Session. The draft bill is to change Hindu Marriage Act, 1955 and Special Marriage Act.

We wish to bring to your kind notice:

1. This is the same Draft law which never saw the end of tunnel during previous government as BJP itself realized how disastrous this law was for Hindu Family and Hindu Men.

2. The Bill was struck down by various segments of society and even ministries and got wide International doubts & wrong attention on India’s capability by proposing such a draconian law.

3. Internationally, in similar law, Property division are purely on individual’s financial contribution to property and duration of marriage and also base on conduct of both the parties. UPA government came under pressure of few Anti-Male Organizations and proposed a wrong bill in haste and later BJP came to rescue of Hindu Men.

4. BJP realized the threat this Bill posed to both Economy and the Family system as:

a. Hindu Men would stop buying Property and thus Economy will crash.

b. Hindu Men would stop marrying thus reducing the Hindu Population.

c. Hindu Men would be forced to marry their own sisters or convert to other religion.

d. Husband Suicide, which is largest in India, would increase further.

5. Previous & any similar Bill is constitutionally wrong as it’s drafted in absolute non-adherence of Hon’ble Supreme Court Guidelines to draft an only No-Fault Divorce and NOT the Property Division.

6. Previous & any similar Bill is constitutionally wrong as it is formed by inputs from Women Development Ministry and National Commission of Women and thus totally ignores Men who are equally effected by any change of Marriage Laws.

7. Previous & any similar Bill is constitutionally wrong as it makes the current Gender Neutral Hindu Marriage Act as Anti Male too.

Inspite, of all the above realities, it is really SHOCKING to see that the New Visionary Government, under a dynamic leadership, has taken the same route as previous Government for this Bill.

With this letter, we also wish to bring to your kind notice the CLEAR VIOLATION that Legislative Department has done while processing the new Draft. As per, Pre-Legislative Consultation Policy (PLCP), decided on 10th January 2014, it was decided, that

The Department / Ministry concerned should publish / place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned / affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department / Ministry concerned.

We bring to your attention to this Notification dated 5th February 2014, D.O. No. 11 (35) / 2013-L.I., which mandates the ministry to Publish the Draft Legislation in Public Domain for ATLEAST 30 days and infact notify the affected people. Unfortunately, the current draft clearly violates this very important procedure laid down by the Committee of Secretaries (CoS) under the Chairmanship of Cabinet Secretary.

We also wish to submit to you that any of such procedures of Lapsed Bill are NOT applicable to similar Draft Legislation and hence the Draft which saw widespread Public concerns / panic, cant be pushed again without having passed the Constitutional Procedures Laid down in a Democracy.

With this Letter, we hereby Pray to you for:

1. Immediately, stop the process of the current Marriage (Amendment) Bill as it violates Fundamental Rights of Citizens in a Democracy.

2. Issue the Draft for Public Opinion and responses on the Draft Bill.

3. Involve Stake holders of similar stature in drafting procedure i.e. if there are no Men’s Rights Authority (like National Commission of Men) who are part of drafting then even Ministry of Women and Child Development and National Commission of Women MUST not be allowed to participate in this procedure.

4. Initiate the process of formation of National Commission of Men involving bodies who have been working for Men for years to bring the equitable balance back into the society in terms of Laws and Law Making process.

5. Initiate a Parliamentary Committee procedure to relook at the Draft and see if there is a Need of such a law and if it is as per the Guidelines of Hon’ble Supreme Court or being formed under pressure of some interested parties.

Looking forward to your kind help and support and immediate action as per the Prayer.

Thanking You,

Wasif Ali

Treasurer, Save Family Foundation, Delhi

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Mobile: 9818509406

Place: New Delhi

 

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SUBJECT: SERIOUS OBJECTIONS TO INTRODUCTION OF MARRIAGE LAW (AMENDMENT) BILL

This is to register very serious and strong objection to the process followed for the introduction of Marriage Law (Amendment) Bill. We know that the Government is about to Introduce a new Law, Marriage Law (Amendment) Bill in this Winter Session. The draft bill is to change Hindu Marriage Act, 1955 and Special Marriages Act.

We also wish to bring to your kind notice the CLEAR VIOLATION that Legislative Department has done while processing the new Draft. As per Pre-Legislative Consultation Policy (PLCP), decided on 10th January 2014, it was decided, that

The Department/Ministry concerned should publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.

We bring to your attention to this Notification dated 5th February 2014, D.O. No. 11 (35)/2013-L.I., which mandates the ministry to Publish the Draft Legislation in Public Domain for ATLEAST 30 days and in fact notify the affected people. Unfortunately, the current draft clearly violates this very important procedure laid down by the Committee of Secretaries (CoS) under the Chairmanship of Cabinet Secretary.

We also wish to submit to you that the Draft which saw widespread Public concern/panic, cannot be pushed again without having passed the Constitutional Procedures laid down in our Democracy. This is the same Draft bill which never saw the light at the end of the tunnel during previous government as BJP itself realized how disastrous this law was for Hindu Family and Hindu Men. The Bill was opposed by various segments of society and even ministries and got International-wide attention on India for proposing such a draconian law.

In spite of all the above, it is really SHOCKING and heart-breaking that the New Visionary Government, under a dynamic leadership who pledged “SABKA SAATH SABKA VIKAS” has not taken the TRANSPARENT route and is behaving same as the previous Congress led UPA Government now.

GRAVE, FAR REACHING SOCIAL AND ECONOMIC IMPLICATIONS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL:

1.            LOSS OF FAMILY VALUES AND FALL OF INSTITUTION OF MARRIAGE IN INDIA

  • Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far reaching consequence. With divorce no more being a taboo in India, the incentive of women taking divorce would work as reverse DOWRY menace where women would marry for property and not for family or love.
  • China in 2010 amended a similar property annexing law when it found that it being misused extensively by women to grab property through marriages. With misuse of gender laws in India close to an all-time high, this is not the climate to introduce another dangerously draconian legislation. [1]

2.            SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABALE

  • Assets/Properties are acquired after years of hard work and not because of few years of matrimonial life. Losing hard earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.
  • The Battle of Mahabharata was fought for five villages. With the proposed amendments the home of every Husband’s family is going to be in trouble. This Bill if passed in its current form may result in violence for protecting property as there is hardly any faith in the legal system. Who takes responsibility for this dangerous social disruption?

3.            INDIAN ECONOMY WOULD BE ADVERSELY IMPACTED & INDIA WILL NOT BE PERCEIVED AS SAFE DESTINATION FOR FDI

  • When the society is in unrest and family values are broken, the dream of “Make in India” would go for a toss. Economies like Vietnam, Thailand, Philippines, Pakistan, Sri Lanka, Fiji would grow and India would lose the unique opportunity it has to lure the world for “Make in India”.
  • Indian men in fear of possible loss would stop buying properties and it would have adverse consequences to the nation’s economy.
  • People would start accumulating wealth in alternate form like gold etc., which would result in a dull economy that believes in secure accumulation than investment for growth. It will also directly promote the already illegal Gold smuggling.
  • With wealth and real estate not safe in India, Indian Men would surely think of investing in other countries the Black Money would be created and kept in secret. Today also in USA if a person shows $100K worth of investment to be made he is granted Green Card in no time. This way there is a brain drain and wealth drain as well.

4.            MASS CONVERSION FROM HINDU TO OTHER RELIGIONS

  • Hindu men would want to convert to another religion to minimize their risks in matrimonial life. This mass conversion has its own extremely dire social complications.
  • Hindu Men would stop marrying or do SAGOTRA VIVAH to keep the property in the family. This may result in many honor killings and people taking law in their hands.

5.            INCREASE IN BACKLOG OF MATRIMONIAL CASES IN INDIAN COURTS

  • It is an established trend and confirmed by Apex court that, in failed marriages women are grossly misusing IPC 498A and DV Act for extortion. This amendment will be another tool and further distress families.
  • India has the youngest of the average population. There is a unique combination of youth and skills in this age group. Most of the relationship / marriage / family troubles occur in this age group. If this age group is not in a stable family and relationship state the productivity of INDIA would go down drastically when most are deeply immersed in litigation battles.

FLAWS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL 2014:

  • The Bill, out-rightly violates the essence of Article 15 of Indian Constitution which prohibits discrimination against any citizen on the grounds of religion or gender. The Bill is also unconstitutional as it takes away the basic rights of husbands, even to defend him or save his marriage, whereas the very same Bill gives the same rights only to the wives.
  • Internationally in similar law, property consideration in deciding permanent alimony is purely done on equitable financial contribution to property and duration of marriage and also based on conduct of both the parties. In present bill the contribution, duration, assets and ability of female spouse and liabilities and ability of the male spouse is completely ignored. And even then the draft doesn’t do away with existing provisions of Maintenance / Alimony.
  • It completely ignores that a wife gets her share of inherited property from her parents under the latest Hindu Succession Acts. Blindly entitling wife for share in property at the divorce time under this no-fault divorce law is against social justice and completely not gender neutral. All men are assumed to be rich and wife is assumed to be poor which is clearly not true.
  • Even though a marriage can fail due to the fault of the husband or the wife, the bill essentially extends the “Financial Assistance” clause only to the wife and not to the husband and this is patently anti male.
  • When husbands are the petitioner for a divorce, the wife will be allowed to use the ‘Financial Hardship’ condition to block the divorce till her monetary demands are met, thereby legalizing extortion.
  • When a wife is the petitioner for a divorce, even though the husband may be in a “Financial Hardship” he will have no legal provision to claim monetary assistance from the wife or even to save his marriage.
  • This Bill would be widely misused against the husband who will be forced to “pay and buy” a divorce, unfortunately reducing the institution of marriage into “Glorified Prostitution”.
  • Government’s intention of reducing back-log of matrimonial cases would not come through with this amendment, instead of letting the couple to arrive at a mutual consent it would only pressurize men and would get into an endless court battle in higher courts and would further increase.
  • Government’s logic of ending the financial hardship of a divorced wife is completely flawed as even as per government 70% of Indian population needs Food Security let alone have a house or property. In other 30% only 10% own their own homes and in those only a small percentage is Hindu that falls under this amendment. This bill is not going to bring a social change or security in any way when seen holistically.

OVERHAUL OF THE FAMILYLAWS IN INDIA IS NEEDED INSTEAD:

  1. Hindu Marriage Act is conceived as an overall a gender neutral act and it must not me made gender biased in anyway.
  2. The maintenance and alimony sections (HMA 24 and 25) must be brought up-to-date considering the enhanced education, earning capacity and women friendly work atmosphere in the country.
  3. As women can and does inherit the property from her own parents under the present laws, women being given any direct or indirect share in in-laws property is illogical and against natural justice.
  4. Consideration of any property while determining Alimony should be as per the financial contribution by husband and wife.
  5. In case of non-financial contribution, devise a formula to evaluate minimum duration of marriage for applicability of property division as well as devise a formula to evaluate the contribution.
  6. Pre-Nuptial Agreements should be made legal so as not to make marriage a gamble for Indian citizen and containing the risk of (breakage of) a marriage.
  7. With DV Act, Right to Work has been ensured for Wife. So, a wife’s CHOICE of not working doesn’t mean that a husband should be TAXED.

ALTERNATES FOR ENSURING FINANCIAL ASSITANCE & EMPOWERMENT FOR DIVORCED SPOUSE:

  • Marriage is an institution which if it does not work should not be a punishment for one party (husband) and a reward for another (wife). To empower women in true form, work opportunity should be provided by the state for a woman who faces grave financial hardships; adequate measures should be devised to address it, instead of penalizing husband alone. We recommend the following measures to be strictly implemented:
  • Hindu Marriage Succession Act of 2005 be strictly implemented. The woman’s share in her parent’s property should be Suo Moto given to her either at the time of marriage or at the time of Divorce is filed in the court (by either party) if the party wishes. Such a Lawful transfer MUST NOT be termed as Dowry whether the marriage works out or not.
  • In cases of unemployed women or women with long career break, State should take the responsibility of providing employment and livelihood to divorced wife. Employment for Divorced wife in line of Mahatma Gandhi NREGA must be institutionalized.
  • Government, for women too, should push for Skill development and employment, NOT based on Gender but based on ABILITY & SKILL.


OUR DEMANDS:

  1. By attempting to create draconian marriage breaking laws like Marriage Law Amendment Bill on one hand and to legalize prostitution on another, the government has made its intentions very clear on what its wants to do with the sacred Hindu Family. This bill needs to be immediately stopped and public opinion must be sought through an extensive public debate.
  2. Issue the Draft for Public Opinion and responses on the Draft Bill.
  3. Involve stake holders of similar stature in drafting procedure i.e., if there are no Men’s Rights Authority (like National Commission of Men) who are part of drafting then even Ministry of Women and Child Development and National Commission of Women MUST not be allowed to participate in this procedure.
  4. Initiate the process of formation of National Commission of Men involving bodies who have been working for Men for years to bring the equitable balance back into the society in terms of Laws and Law Making process.
  5. Initiate a Parliamentary Committee (Joint Select Committee) procedure to relook at the Draft and see if there is a need of such a law and if it is as per the guidelines of Hon’ble Supreme Court or being formed under pressure of some interested parties.
  6. Amending section 13D and making it gender neutral and allowing both the Husband and Wife to pray for ‘Financial Hardship’.
  7. Providing a clear & objective definition of “Financial Hardship’ so that this term is not interpreted in a wrong way and divorces are not sold by wives. All other maintenance cases filed by the wife, like Sec24, CrPC 125, DV etc, should not be allowed to continue, blocking the judicial dockets, as the relief sought in all of them, will also be available in this Bill only.
  8. Creating objective parameters for calculating financial assistance like tenure of the marriage and relative sacrifice made by the parties in the marriage.
  9. Reduce separation period from 3 years to 1 year under Section 13C – petition for divorce only after 1 year of marriage.
  10. Include condition of finishing/quashing all litigation before divorce is granted so that both parties can live peacefully and that judicial burden can be reduced.
  11. Ensure that this clause can be invoked only as EXCLUSIVE litigation i.e. if Divorce is sought under this section, no other cases like IPC 498A, DV, CrPC 125 or any other matrimonial or matrimony related Criminal/Civil litigation can be initiated by either parties.
  12. Condition of closing child custody litigation before granting divorce under Section 13C, so that rights of child to seek the involvement of both parents are not taken away from it.

We earnestly request your immediate intervention since such half-baked hastily prepared formulations, sans due consultation, & based on unfounded prejudices, have the potential to grievously imperil the social fabric of the society. This is apart from the stupendous economic impact caused by the matrimonial disputes and their offshoots including criminal cases. It is well acknowledged that Indian laws, i.e. the legal framework that enables a society to believe in justice and devote its energies to productive endeavors, has not kept pace with the times, is badly outdated and is designed more to benefit the legal fraternity than the litigating parties, howsoever pitiable and needy they may be. Strife and discord can only harm a society’s march towards improved quality of life. You have enthused the nation by giving it a vision, courage to dream big and faith in its ability to achieve the same but all this would necessarily require a healthy society where the mind is fearless. We request you to take decisions that have far reaching consequences after due thought and consideration.

Looking forward to your kind help and support and immediate action as per the Prayer.

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Marriage Laws (Amendment) Bill 2010 – Who Said What?

Original Draft of Amendment (Key Points) – Biased against husbands

· Introduction of “Irretrievable Breakdown of Marriage as another Ground for Divorce” in Hindu Marriage Act, 1955 and Special Marriage Act, 1954.

· Wife can oppose the petition filed by Husband on the pretext of “Grave Financial Hardship”. Court can allow appropriate arrangements to its satisfaction to eliminate hardship. (Biased against Husband)

· Adequate provision for the maintenance of children born out of wedlock as per financial capacities of the parents.

Parliamentary Committee– Biased towards women organizations recommendations

· Recommended to the addition of “Irretrievable Breakdown of Marriage as another Ground for Divorce”.

· Based on recommendations of women organizations, wife be given the share in matrimonial asset / property in which they have contributed during the continuance of marriage.

· Ignored all recommendations of Men’s Right Organisations

Further Amendments moved by previous Law Minister – Anti Men provisions unfairly introduced

· Share of wife in husband’s asset / property acquired before and after the marriage.

· Share of wife in husband’s inherited and inheritable ancestral property.

Our Objections

· There is no contribution of wife in the ancestral property and property acquired by husband before marriage. It should be kept out of the purview.

· Division of assets / property of husband acquired during subsistence of marriage should not be blindly followed. Contribution of wife should be carefully evaluated. Two months of marriage cannot be treated on the same footing as 20 years marriage.

· This is a logically flawed amendment. Women can break the marriage and remarry several times to get property share from each of the previous marriages. There are already several cases of unscrupulous marrying several times and slapping false IPC 498A to extort money.

Implications of the Amendment

· Our wide experience while handling matrimonial disputes clearly shows that, most of the marital breakdowns are wife seeking husband’s / in laws property.

· Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far reaching consequence.

· It is established trend that, in failed marriages women are grossly misusing IPC 498a and DV Act for extortion. This amendment will be another tool

· Assets / Properties are acquired after years of hardwork and not because of few years of matrimonial life. Losing hard earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.

 

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A COMPARISON OF INTERNATIONAL LAWS

Country

Pre-nuptial agreements valid?

Both Spouse's property impacted?

Pre-Marital Property
Divided?

Post Marital Property
Divided?

Inherited/Inheritable Property
Divided?

Duration of Marriage Considered?

Division of Property.

United
States of
America

Yes

Yes

No

Yes

No

Yes

· Total 9 states out of 50 States follows community property law, means 50-50 division of post marital property only.

· Rest 41 States divide property on the basis of Marital

· property law where

· Financial contribution considered

· Not equal

· Depends on many factors

United Kingdom

No

Yes

Rarely

Yes

Rarely

Yes

· Financial contribution considered

· Not equal

· Depends on many factors

Chile

Yes

Yes

No

Yes

Rarely

Yes

· Financial contribution considered

· Not equal

· Depends on many factors

Singapore

Yes

Yes

Rarely

Yes

No

Yes

· Financial contribution considered

· Not equal

· Depends on many factors

Indonesia

Yes

Yes

No

Yes

No

No

· 50-50 Post Marital Property in absence of Prenuptial,

· DEBTS are also Joint responsibility.

Goa
(Portuguese Civil law - 1910)

Yes

Yes

No

Yes

No

No

· 50-50 Post Marital Property in absence of Prenuptial.

China (latest amendment of Marriage Law - 2011)

Yes

N / A

N / A

N / A

N / A

N / A

· No Property Division, owner is one who paid for it.

Proposed Marriage Amendment Bill -2010

NO

NO, Only Husband

YES

YES, Only Husband

YES, Only Husband Side

NO

· Anonymous

SIF Recommendations

Yes

Yes

No

Rarely

No

Yes

· No Property Division, Owner is one who paid for it.

· only in case of Handicaps and break in employment is more than 4 years prior to divorce and Marriage duration is more than 7 Years


[1]http://www.telegraph.co.uk/news/worldnews/asia/china/8714097/China-tries-to-stop-women-marrying-for-money-rather-than-love.html

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