First Draft:
=======
=========================================================
IInd Draft:
=======
=========================================================
IIIrd Draft:
=======
=======
To,
The Hon’ble Member of parliament ,
The Hon’ble Member of parliament ,
Sub : Marriage law amendment bill 2010 will
increase divorces 4 times and makes criminals out of husbands. This law will
end the Hindu family system once and for ever. DO NOT SUPPORT THIS LAW and
rollback the Marriage Law amendment bill NOW .
- Unlike the objective and simple law in the west where the property acquired jointly after marriage is equitably distributed, the Indian law partitions ONLY the property of the husband acquired both before and after the marriage! The law goes one step further and also partitions the property that husband stands to inherit from his grandfather! This is absolute lunacy and must be rolled back in its entirety.
- The 10,000 year old Hindu Marriage will be reduced to a property transfer bureau where women will marry to extract property and savings saved and acquired before marriage and acquired through paternal inheritance of the husband
- Judicial pendency will increase 4 times as even in short lived marriages of a few months to a few years litigating spouses will try to annex property acquired before marriage and acquired through inheritance. This will create much more litigation, more pendency and would severely increase the number of cases reaching courts. Property litigation pendency will increase to at least 30 years per case from current 5 to 7 years.
- Husbands will not have any right to property of the wife. This will severely handicap husbands who are financially weaker than the wife and simply fallen out of love. Husbands will have no chance to save his marriage or property and become a sitting duck in a marriage.
- Divorce rates will skyrocket to 40% and wives will take divorce and walk away even as husbands will not even have the right to oppose the case of financial hardship. However even as the wife gets a divorce and walks away the husband will be left to face cases like 498a and Child custody which will run for decades on end.
- 75% of India which lives at less than $2 a day and does not even make two square meals a day will not stand to benefit from this law. This law which will only benefit elite and upper middle class women who although highly educated, earning but will still choose to litigate to get a unfair share in their husbands property acquired before marriage and inheritance without any contribution whatsoever. Families will fight to no end as the lure of getting free property and inheritance will stop no one from starting malicious litigation.
- Ultimately, husbands and their families trapped in marriages, cornered by this lunatic law, unable to get any justice and where they would to lose property and savings that they stand to inherit and have worked for even before the marriage will be forced to become criminals .Rates of murders and violence between genders and families will rise exponentially for which this Govt will stand responsible.
Thanks,
=========================================================
IInd Draft:
=======
To,
The Hon’ble Member of parliament ,
The Hon’ble Member of parliament ,
Subject :- Congress is bent upon destroying the Hindu
family system through Marriage law amendment bill-2010. Any MP who
supports this law will support the destruction of families and the end of the
Hindu family system once and for ever. Indians
demand rollback of the marriage law amendment bill with immediate effect.
- This bill seeks to anexx the hard earned of the property owned by the husband before the marriage and his ancestral property at the time of divorce acquired without any contribution of the wife . This will incentivize divorces and rate of divorces will skyrocket.
- This biased treatment accorded to men in marriages, for no fault of theirs, and such victimization of men will lead to rise in crime in the society and husbands becoming criminals.
- This bill also stands to deny husbands the chance to oppose a petition of divorce filed by wife under this law, whereas an equivalent power wrests with the wife. Husbands and wives are provided equal rights under article 14 of the constitution and hence this law is unconstitutional.
- This bill does not guarantee unlimited access of a man towards his children.
- This bill does not provide even a semblance of immunity to a man from other legal provisions surrounding marriage i.e. it does not bar a wife from filing a case of cruelty against the husband under section 498A / Domestic Violence against the husband while she seeks to obtain a decree of no-fault divorce.
- This bill can literally render a man bankrupt as he will first be extorted by the police under a false case of 498A IPC, then the wife will file a case under the Domestic Violence Act and seek maintenance, custody of children and right to residence, then again she can still go ahead and file a case under Section 125 CrPC to seek additional no-fault maintenance and after all this she will still be guaranteed ownership of at least 50% of husband’s property or an amount equivalent to it.
- The extremely anti-male nature of the Indian judiciary puts the Indian men at a position far precarious than one’s imagination as the judges, who are highly insensitive towards men, will first give away at least 50% of the husband’s property to wife and then slap additional maintenance, alimony and child support burdens onto the husband.
- In such a case a man will go bankrupt honoring court orders and paying litigation fees and he will lose his property as well.
Thanks,
=========================================================
IIIrd Draft:
=======
Dear
Member of Parliament,
Subject
:- The Marriage law amendment bill-2010 is a dangerous law which the
misuse of which will lead to the spawning of an additional extortion industry
and reducing the sacred institution of marriage into glorified prostitution. This
law is being introduced by the congress with the intention of destroying the
10,000 year old Hindu family system. I demand that this law be rolled back
with immediate effect.
1. It out-rightly violates the
essence of article 14 of Indian constitution which prohibits
discrimination against any citizen on the grounds of religion or gender.
2. 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 the husband and this is patently anti male.
3. When husbands is 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.
4. 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.
5. This Bill would be widely
misused against the husband who will be forced “pay and buy” a divorce reducing the institution of
marriage into glorified prostitution.
6.
Even after the wife gets the divorce under this
section and leaves the husband and his family including mothers and sisters
will have to run around in courts for decades fighting criminal
Demands
The coalition of multinational NGOs supporting this press conference strongly opposes the Bill in the present form and demands that the aforementioned section 13D, 13C be amended and additional language be inserted into the bill to make it gender neutral and just.
The coalition of multinational NGOs supporting this press conference strongly opposes the Bill in the present form and demands that the aforementioned section 13D, 13C be amended and additional language be inserted into the bill to make it gender neutral and just.
a) Amending
section 13D and making it gender neutral and allowing both the Husband and Wife
to pray for ‘Financial Hardship’.
b) Providing
a clear and objective definition of “Financial Hardship’ so that this term is
not interpreted in the wrong way and divorces are not sold by wives.
c) Creating
objective parameters for calculating financial assistance like tenure of the
marriage and relative sacrifice made by the parties in the marriage.
d) Reduce
separation period from 3 years to 1 year under Section 13C – petition for
divorce only after 1 year of marriage.
e) 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.
f) Condition
of closing child custody litigation before granting divorce so that rights of
child to seek the involvement of both parents are not taken away from it.
Thanks,
=========================================================
Respected Sir/Madam,
This is with reference to the Marriage Laws (Amendment) Bill 2010 ("IrBM" /
"Bill" ), which received the cabinet nod on June 4, 2013.
This Bill is against the principles of Natural Justice which means a rule
against bias (*nemo iudex in causa sua) *and* *right to a fair hearing
(*audi alteram partem).* In essence, this Bill is against the very tenants
of justice system envisaged by our Constitution.
The amendments which are against the principles of natural justice and the
Indian Constitution are as under –
1. Clause 13D: An irretrievable break-down of marriage concept that has
been introduced via clause 13C, which states that if the marriage is broken
down for over 3 years, divorce may be granted. The divorce petition filed
by the spouse can be challenged in clause 13D only if the respondent is a
'Female;. This is a gender biased clause and prone to misuse as we have
seen in the DV Act and section 498a of the IPC.
How is getting a gender biased provision ‘Equitable’? This clause
is prejudicial to for the Men. With the application of this clause a
man cannot file for divorce taking the plea of irretrievable break down
of marriage as the women will oppose it.
The NCRB data is an eye opener with over 2 times as many married
men committing suicide as females over domestic issues. Over 65,000 men die
every year due to harassment at the hands of their wife and in-laws.
Getting divorce from a marriage made in hell is already very difficult due
to the current court procedures. On top of that bringing the
clause 13D, which gives the right to the female to oppose divorce is not
justified and similar to keeping a goat (ie. Husband) in a cage with a
lioness (ie. Wife).
1. Clause 28B: The 'Female; has been given sole right to oppose the decree
of divorce. This is a gender biased clause and does not fit well with our
gender neutral society. Here too, the female has been given the sole right
to oppose a decree of divorce just on the reason
that she is a female. Why? Are men not having equal right than females? Are
men second citizens of India?
1. Property Rights: The bill proposes to divide the ancestral and personal
property of the husband equally with the wife. This recommendation is
against the constitution and promotes parasitism. Article 300A of the
Constitution read with the Hon’ble Supreme Court judgement 'Maneka Gandhi
v/s Union of India', which states that no person should be deprived from
their property without offering a reasonable compensation. In the current
provision, the state envisages to unjustly, unfairly and in an unreasonable
manner deprive the husband of his property. Not even that, the state also
plans to legislate and deprive the family members of the husband viz.
brother, father, grandfather of their property (ie ancestral property) who
have
'No Bearing' to the matrimonial relation of the husband.
The proposed amendment is unjust, unfair and unreasonable and against the
Constitution of India and Principles of Natural Justice. Why should a
husband who has worked all his life to acquire property not bear the fruit
of the same? Why should the parents part with their hard earned money for
no fault of theirs? How is it fair and just that some other person (ie.
Wife) enjoys the fruit of other’s labour (ie. Husbands)?
*I would humbly submit the state to rollback the 3 amendments in the Bill*.
Further, the ideology of passing the Bill was to remove any undue hardships
on the ladies at the time of divorce. My humble submission is that ladies
have various maintenance clauses in the Hindu Marriage Act and CrPC viz
section 24 and 125 respectively. Further, they can apply for interim
maintenance during the pendency of the divorce proceedings. Any further,
clauses for unjust division of property will cause undue hardship on the
husband and his entire family. We have seen how other gender biased laws
such as 498a and DV Act have been misused in the past and even the Hon’ble
Supreme Court termed 498a as legal terrorism.
Further, in modern India, where we have ladies like Indira Gandhi, Kalpana
Chawla, Dr. Kiran Bedi, P.T. Usha etc.. gender biased laws does not serve
the purpose of promoting gender neutrality. It has been seen that in Class
10th and 12th Board exams, University Exams and Professional exams it is
the ladies who have the highest qualifying marks and the highest pass
percentages. Even, the current year's UPSC topper was a lady.
Indian Ladies are able bodied, well educated and can maintain themselves. I
would request you not to promote 'Parasitism; by passing such laws which
have an effect of reducing the total output of the economy and axing the
very foundation of the family system and culture of India.
I again would like to submit that the proposed amendments are ‘Unjust’,
‘Biased’, ‘Prejudicial’, ‘Mischievous’, against the principals of natural
justice and against the very tenants of the Indian Constitution. The same
constitution which dreamt of providing a just and fair environment and
society to everyone. The same ideology for which our freedom fighters and
forefathers laid down their life. The constitution that promises us
‘Justice’, ‘Liberty’, ‘Equality’ and ‘Fraternity’ and this law proposes to
take the very essence of this ideology from the citizens of India.
*Therefore, please do not vote for these amendments*, at the time of voting
do close your eyes and think if you can answer satisfactorily the below
questions –
· Is the law gender neutral?
· Is the Equitable?
· If the law Just and Fair?
- What would you vote for, if perchance, your own family-member (male) gets
trapped in the same extortion game ( A member from every Indian family is
going to get trapped in this harassment / extortion, sooner or later, if
such laws continue to be made / used ) ( Obviously rich businessmen, top /
old Joint families, bureaucrats & Politicians, will become the prime
targets for the female extortionists )
Does the person who has worked all his life to acquire a property not have
the right to enjoy its fruit?
I humbly request you, to vote, only when you get a satisfactory & honest
response, to the above questions.
This law if passed then:
1) More men will opt for suicides.
2) It will create fatherless society in our country.
3) Prostitution will increase if easy divorce is granted.
4) Fraud women will marry with multiple men and enjoy the 50% property
rights from each one.
5) Elderly person will be harassed by this law.
6) The impact of this legal extortion will go in each and every home in our
country.
7) Women will enjoy the hard earn money without doing any work for the
society and our country.
8) Even ministers and highly placed official will be easily implicated by
this biased law.
=======================================================================
Respected Sir/Madam,
Request you to dont pass the IrBM (Speedy Divorce Bill).
Because of,
1) Marriage Ammendment Bill 2010, should not violate human rights (right to speak).
2) Speedy divorce clearly violates of artilce 1, article 7, article 16 of Universal Human Rights, Stop it
3) Stop making divorce is as property transfer bureau via speedy divorce bill.
4) Stop mockery of Hindu Husband in name of Woman Empowerment, Roll Back Speedy Divorce.
5) Roll back IrBM, Stop Extrotion of Hindu Husbands in name of Speedy Divorce.
6)When China scraped divorce laws involving propety division, why India need such greedy laws?
7) My hard earned property is my right, why am i being forced to part with it? Stop Marriage Amendments Bill.
As per Mahatma Gandhi " An unjust law itself is a species of violence. Arrest for its breach is more so".
Sir/Madam,
Once again request you not to pass the IrBM(Speedy Divorce Bill).
Sincerely,
One of Mail Citizen of Our Country
=========================================================================
Hon. MP, Shri
This is with reference to the Marriage Laws (Amendment) Bill 2010 ("IrBM" / "Bill" ), which received the cabinet nod on June 4, 2013.
This Bill is against the principles of Natural Justice which means a rule against bias (*nemo iudex in causa sua) *and* *right to a fair hearing (*audi alteram partem).* In essence, this Bill is against the very tenants of justice system envisaged by our Constitution.
The amendments which are against the principles of natural justice and the Indian Constitution are as under -
1. Clause 13D: An irretrievable break-down of marriage concept that has been introduced via clause 13C, which states that if the marriage is broken down for over 3 years, divorce may be granted. The divorce petition filed by the spouse can be challenged in clause 13D only if the respondent is a 'Female;. This is a gender biased clause and prone to misuse as we have seen in the DV Act and section 498a of the IPC.
How is getting a gender biased provision 'Equitable'? This clause is prejudicial to for the Men. With the application of this clause a man cannot file for divorce taking the plea of irretrievable break down of marriage as the women will oppose it.
The NCRB data is an eye opener with over 2 times as many married men committing suicide as females over domestic issues. Over 65,000 men die every year due to harassment at the hands of their wife and in-laws.
Getting divorce from a marriage made in hell is already very difficult due to the current court procedures. On top of that bringing the clause 13D, which gives the right to the female to oppose divorce is not justified and similar to keeping a goat (ie. Husband) in a cage with a lioness (ie. Wife).
1. Clause 28B: The 'Female; has been given sole right to oppose the decree of divorce. This is a gender biased clause and does not fit well with our gender neutral society. Here too, the female has been given the sole right to oppose a decree of divorce just on the reason that she is a female. Why? Are men not having equal right than females? Are men second citizens of India?
1. Property Rights: The bill proposes to divide the ancestral and personal property of the husband equally with the wife. This recommendation is against the constitution and promotes parasitism. Article 300A of the Constitution read with the Hon'ble Supreme Court judgement 'Maneka Gandhi v/s Union of India', which states that no person should be deprived from their property without offering a reasonable compensation. In the current provision, the state envisages to unjustly, unfairly and in an unreasonable manner deprive the husband of his property. Not even that, the state also plans to legislate and deprive the family members of the husband viz. brother, father, grandfather of their property (ie ancestral property) who have 'No Bearing' to the matrimonial relation of the husband.
The proposed amendment is unjust, unfair and unreasonable and against the Constitution of India and Principles of Natural Justice. Why should a husband who has worked all his life to acquire property not bear the fruit of the same? Why should the parents part with their hard earned money for no fault of theirs? How is it fair and just that some other person (ie. Wife) enjoys the fruit of other's labour (ie. Husbands)?
*I would humbly submit the state to rollback the 3 amendments in the Bill*. Further, the ideology of passing the Bill was to remove any undue hardships on the ladies at the time of divorce. My humble submission is that ladies have various maintenance clauses in the Hindu Marriage Act and CrPC viz section 24 and 125 respectively. Further, they can apply for interim maintenance during the pendency of the divorce proceedings. Any further, clauses for unjust division of property will cause undue hardship on the husband and his entire family. We have seen how other gender biased laws such as 498a and DV Act have been misused in the past and even the Hon'ble Supreme Court termed 498a as legal terrorism.
Further, in modern India, where we have ladies like Indira Gandhi, Kalpana Chawla, Dr. Kiran Bedi, P.T. Usha etc.. gender biased laws does not serve the purpose of promoting gender neutrality. It has been seen that in Class 10th and 12th Board exams, University Exams and Professional exams it is the ladies who have the highest qualifying marks and the highest pass percentages. Even, the current year's UPSC topper was a lady.
Indian Ladies are able bodied, well educated and can maintain themselves. I would request you not to promote 'Parasitism; by passing such laws which have an effect of reducing the total output of the economy and axing the very foundation of the family system and culture of India.
I again would like to submit that the proposed amendments are 'Unjust', 'Biased', 'Prejudicial', 'Mischievous', against the principals of natural justice and against the very tenants of the Indian Constitution. The same constitution which dreamt of providing a just and fair environment and society to everyone. The same ideology for which our freedom fighters and forefathers laid down their life. The constitution that promises us 'Justice', 'Liberty', 'Equality' and 'Fraternity' and this law proposes to take the very essence of this ideology from the citizens of India.
*Therefore, please do not vote for these amendments*, at the time of voting do close your eyes and think if you can answer satisfactorily the below questions -
· Is the law gender neutral?
· Is the Equitable?
· If the law Just and Fair?
- What would you vote for, if perchance, your own family-member ( male ) gets trapped in the same extortion game ( A member from every Indian family is going to get trapped in this harassment / extortion, sooner or later, if such laws continue to be made / used ) ( Obviously rich businessmen, top / old Joint families, bureaucrats & Politicians, will become the prime targets for the female extortionists )
Does the person who has worked all his life to acquire a property not have the right to enjoy its fruit?
I humbly request you, to vote, only when you get a satisfactory & honest response, to the above questions.
Sincerely,
========================================================================
1. It out-rightly violates the
essence of article 14 of Indian constitution which prohibits
discrimination against any citizen on the grounds of religion or gender.
2. 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 the husband and this is patently anti male.
3. When husbands is 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.
4. 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.
5. This Bill would be widely misused against the husband who will be forced “pay and buy” a divorce reducing the institution of marriage into glorified prostitution.
6. Even after the wife gets the divorce under this section and leaves the husband and his family including mothers and sisters will have to run around in courts for decades fighting criminal
b) Providing a clear and objective definition of “Financial Hardship’ so that this term is not interpreted in the wrong way and divorces are not sold by wives.
c) Creating objective parameters for calculating financial assistance like tenure of the marriage and relative sacrifice made by the parties in the marriage.
d) 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.
e) Condition of closing child custody litigation before granting divorce so that rights of child to seek the involvement of both parents are not taken away from it.
Respected Sir/Madam,
This is with reference to the Marriage Laws (Amendment) Bill 2010 ("IrBM" /
"Bill" ), which received the cabinet nod on June 4, 2013.
This Bill is against the principles of Natural Justice which means a rule
against bias (*nemo iudex in causa sua) *and* *right to a fair hearing
(*audi alteram partem).* In essence, this Bill is against the very tenants
of justice system envisaged by our Constitution.
The amendments which are against the principles of natural justice and the
Indian Constitution are as under –
1. Clause 13D: An irretrievable break-down of marriage concept that has
been introduced via clause 13C, which states that if the marriage is broken
down for over 3 years, divorce may be granted. The divorce petition filed
by the spouse can be challenged in clause 13D only if the respondent is a
'Female;. This is a gender biased clause and prone to misuse as we have
seen in the DV Act and section 498a of the IPC.
How is getting a gender biased provision ‘Equitable’? This clause
is prejudicial to for the Men. With the application of this clause a
man cannot file for divorce taking the plea of irretrievable break down
of marriage as the women will oppose it.
The NCRB data is an eye opener with over 2 times as many married
men committing suicide as females over domestic issues. Over 65,000 men die
every year due to harassment at the hands of their wife and in-laws.
Getting divorce from a marriage made in hell is already very difficult due
to the current court procedures. On top of that bringing the
clause 13D, which gives the right to the female to oppose divorce is not
justified and similar to keeping a goat (ie. Husband) in a cage with a
lioness (ie. Wife).
1. Clause 28B: The 'Female; has been given sole right to oppose the decree
of divorce. This is a gender biased clause and does not fit well with our
gender neutral society. Here too, the female has been given the sole right
to oppose a decree of divorce just on the reason
that she is a female. Why? Are men not having equal right than females? Are
men second citizens of India?
1. Property Rights: The bill proposes to divide the ancestral and personal
property of the husband equally with the wife. This recommendation is
against the constitution and promotes parasitism. Article 300A of the
Constitution read with the Hon’ble Supreme Court judgement 'Maneka Gandhi
v/s Union of India', which states that no person should be deprived from
their property without offering a reasonable compensation. In the current
provision, the state envisages to unjustly, unfairly and in an unreasonable
manner deprive the husband of his property. Not even that, the state also
plans to legislate and deprive the family members of the husband viz.
brother, father, grandfather of their property (ie ancestral property) who
have
'No Bearing' to the matrimonial relation of the husband.
The proposed amendment is unjust, unfair and unreasonable and against the
Constitution of India and Principles of Natural Justice. Why should a
husband who has worked all his life to acquire property not bear the fruit
of the same? Why should the parents part with their hard earned money for
no fault of theirs? How is it fair and just that some other person (ie.
Wife) enjoys the fruit of other’s labour (ie. Husbands)?
*I would humbly submit the state to rollback the 3 amendments in the Bill*.
Further, the ideology of passing the Bill was to remove any undue hardships
on the ladies at the time of divorce. My humble submission is that ladies
have various maintenance clauses in the Hindu Marriage Act and CrPC viz
section 24 and 125 respectively. Further, they can apply for interim
maintenance during the pendency of the divorce proceedings. Any further,
clauses for unjust division of property will cause undue hardship on the
husband and his entire family. We have seen how other gender biased laws
such as 498a and DV Act have been misused in the past and even the Hon’ble
Supreme Court termed 498a as legal terrorism.
Further, in modern India, where we have ladies like Indira Gandhi, Kalpana
Chawla, Dr. Kiran Bedi, P.T. Usha etc.. gender biased laws does not serve
the purpose of promoting gender neutrality. It has been seen that in Class
10th and 12th Board exams, University Exams and Professional exams it is
the ladies who have the highest qualifying marks and the highest pass
percentages. Even, the current year's UPSC topper was a lady.
Indian Ladies are able bodied, well educated and can maintain themselves. I
would request you not to promote 'Parasitism; by passing such laws which
have an effect of reducing the total output of the economy and axing the
very foundation of the family system and culture of India.
I again would like to submit that the proposed amendments are ‘Unjust’,
‘Biased’, ‘Prejudicial’, ‘Mischievous’, against the principals of natural
justice and against the very tenants of the Indian Constitution. The same
constitution which dreamt of providing a just and fair environment and
society to everyone. The same ideology for which our freedom fighters and
forefathers laid down their life. The constitution that promises us
‘Justice’, ‘Liberty’, ‘Equality’ and ‘Fraternity’ and this law proposes to
take the very essence of this ideology from the citizens of India.
*Therefore, please do not vote for these amendments*, at the time of voting
do close your eyes and think if you can answer satisfactorily the below
questions –
· Is the law gender neutral?
· Is the Equitable?
· If the law Just and Fair?
- What would you vote for, if perchance, your own family-member (male) gets
trapped in the same extortion game ( A member from every Indian family is
going to get trapped in this harassment / extortion, sooner or later, if
such laws continue to be made / used ) ( Obviously rich businessmen, top /
old Joint families, bureaucrats & Politicians, will become the prime
targets for the female extortionists )
Does the person who has worked all his life to acquire a property not have
the right to enjoy its fruit?
I humbly request you, to vote, only when you get a satisfactory & honest
response, to the above questions.
This law if passed then:
1) More men will opt for suicides.
2) It will create fatherless society in our country.
3) Prostitution will increase if easy divorce is granted.
4) Fraud women will marry with multiple men and enjoy the 50% property
rights from each one.
5) Elderly person will be harassed by this law.
6) The impact of this legal extortion will go in each and every home in our
country.
7) Women will enjoy the hard earn money without doing any work for the
society and our country.
8) Even ministers and highly placed official will be easily implicated by
this biased law.
=======================================================================
Respected Sir/Madam,
Request you to dont pass the IrBM (Speedy Divorce Bill).
Because of,
1) Marriage Ammendment Bill 2010, should not violate human rights (right to speak).
2) Speedy divorce clearly violates of artilce 1, article 7, article 16 of Universal Human Rights, Stop it
3) Stop making divorce is as property transfer bureau via speedy divorce bill.
4) Stop mockery of Hindu Husband in name of Woman Empowerment, Roll Back Speedy Divorce.
5) Roll back IrBM, Stop Extrotion of Hindu Husbands in name of Speedy Divorce.
6)When China scraped divorce laws involving propety division, why India need such greedy laws?
7) My hard earned property is my right, why am i being forced to part with it? Stop Marriage Amendments Bill.
As per Mahatma Gandhi " An unjust law itself is a species of violence. Arrest for its breach is more so".
Sir/Madam,
Once again request you not to pass the IrBM(Speedy Divorce Bill).
Sincerely,
One of Mail Citizen of Our Country
=========================================================================
Hon. MP, Shri
This is with reference to the Marriage Laws (Amendment) Bill 2010 ("IrBM" / "Bill" ), which received the cabinet nod on June 4, 2013.
This Bill is against the principles of Natural Justice which means a rule against bias (*nemo iudex in causa sua) *and* *right to a fair hearing (*audi alteram partem).* In essence, this Bill is against the very tenants of justice system envisaged by our Constitution.
The amendments which are against the principles of natural justice and the Indian Constitution are as under -
1. Clause 13D: An irretrievable break-down of marriage concept that has been introduced via clause 13C, which states that if the marriage is broken down for over 3 years, divorce may be granted. The divorce petition filed by the spouse can be challenged in clause 13D only if the respondent is a 'Female;. This is a gender biased clause and prone to misuse as we have seen in the DV Act and section 498a of the IPC.
How is getting a gender biased provision 'Equitable'? This clause is prejudicial to for the Men. With the application of this clause a man cannot file for divorce taking the plea of irretrievable break down of marriage as the women will oppose it.
The NCRB data is an eye opener with over 2 times as many married men committing suicide as females over domestic issues. Over 65,000 men die every year due to harassment at the hands of their wife and in-laws.
Getting divorce from a marriage made in hell is already very difficult due to the current court procedures. On top of that bringing the clause 13D, which gives the right to the female to oppose divorce is not justified and similar to keeping a goat (ie. Husband) in a cage with a lioness (ie. Wife).
1. Clause 28B: The 'Female; has been given sole right to oppose the decree of divorce. This is a gender biased clause and does not fit well with our gender neutral society. Here too, the female has been given the sole right to oppose a decree of divorce just on the reason that she is a female. Why? Are men not having equal right than females? Are men second citizens of India?
1. Property Rights: The bill proposes to divide the ancestral and personal property of the husband equally with the wife. This recommendation is against the constitution and promotes parasitism. Article 300A of the Constitution read with the Hon'ble Supreme Court judgement 'Maneka Gandhi v/s Union of India', which states that no person should be deprived from their property without offering a reasonable compensation. In the current provision, the state envisages to unjustly, unfairly and in an unreasonable manner deprive the husband of his property. Not even that, the state also plans to legislate and deprive the family members of the husband viz. brother, father, grandfather of their property (ie ancestral property) who have 'No Bearing' to the matrimonial relation of the husband.
The proposed amendment is unjust, unfair and unreasonable and against the Constitution of India and Principles of Natural Justice. Why should a husband who has worked all his life to acquire property not bear the fruit of the same? Why should the parents part with their hard earned money for no fault of theirs? How is it fair and just that some other person (ie. Wife) enjoys the fruit of other's labour (ie. Husbands)?
*I would humbly submit the state to rollback the 3 amendments in the Bill*. Further, the ideology of passing the Bill was to remove any undue hardships on the ladies at the time of divorce. My humble submission is that ladies have various maintenance clauses in the Hindu Marriage Act and CrPC viz section 24 and 125 respectively. Further, they can apply for interim maintenance during the pendency of the divorce proceedings. Any further, clauses for unjust division of property will cause undue hardship on the husband and his entire family. We have seen how other gender biased laws such as 498a and DV Act have been misused in the past and even the Hon'ble Supreme Court termed 498a as legal terrorism.
Further, in modern India, where we have ladies like Indira Gandhi, Kalpana Chawla, Dr. Kiran Bedi, P.T. Usha etc.. gender biased laws does not serve the purpose of promoting gender neutrality. It has been seen that in Class 10th and 12th Board exams, University Exams and Professional exams it is the ladies who have the highest qualifying marks and the highest pass percentages. Even, the current year's UPSC topper was a lady.
Indian Ladies are able bodied, well educated and can maintain themselves. I would request you not to promote 'Parasitism; by passing such laws which have an effect of reducing the total output of the economy and axing the very foundation of the family system and culture of India.
I again would like to submit that the proposed amendments are 'Unjust', 'Biased', 'Prejudicial', 'Mischievous', against the principals of natural justice and against the very tenants of the Indian Constitution. The same constitution which dreamt of providing a just and fair environment and society to everyone. The same ideology for which our freedom fighters and forefathers laid down their life. The constitution that promises us 'Justice', 'Liberty', 'Equality' and 'Fraternity' and this law proposes to take the very essence of this ideology from the citizens of India.
*Therefore, please do not vote for these amendments*, at the time of voting do close your eyes and think if you can answer satisfactorily the below questions -
· Is the law gender neutral?
· Is the Equitable?
· If the law Just and Fair?
- What would you vote for, if perchance, your own family-member ( male ) gets trapped in the same extortion game ( A member from every Indian family is going to get trapped in this harassment / extortion, sooner or later, if such laws continue to be made / used ) ( Obviously rich businessmen, top / old Joint families, bureaucrats & Politicians, will become the prime targets for the female extortionists )
Does the person who has worked all his life to acquire a property not have the right to enjoy its fruit?
I humbly request you, to vote, only when you get a satisfactory & honest response, to the above questions.
Sincerely,
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Protests against IrBM are happening
across India, Protest is against this draconian law which will surely
hammer on Indian Marriage system. Instead of Government taking action to
control 498a & DVAct law wide misuse, its really sad to see
Government passing one more Draconian law which can be surely misused by
women to extort & harass husband, his family members. I strongly
oppose this bill.
If you need specific Data about Opposing IrBM or analysis kindly reply analysis & data will be shared.
Subject
:- The Marriage law amendment bill-2010 is a dangerous law which the
misuse of which will lead to the spawning of an additional extortion industry
and reducing the sacred institution of marriage into glorified prostitution. This
law is being introduced by the congress with the intention of destroying the
10,000 year old Hindu family system. I demand that this law be rolled back
with immediate effect.
2. 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 the husband and this is patently anti male.
3. When husbands is 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.
4. 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.
5. This Bill would be widely misused against the husband who will be forced “pay and buy” a divorce reducing the institution of marriage into glorified prostitution.
6. Even after the wife gets the divorce under this section and leaves the husband and his family including mothers and sisters will have to run around in courts for decades fighting criminal
Demands
The coalition of multinational NGOs supporting this press conference strongly opposes the Bill in the present form and demands that the aforementioned section 13D, 13C be amended and additional language be inserted into the bill to make it gender neutral and just.
a) Amending
section 13D and making it gender neutral and allowing both the Husband and Wife
to pray for ‘Financial Hardship’.The coalition of multinational NGOs supporting this press conference strongly opposes the Bill in the present form and demands that the aforementioned section 13D, 13C be amended and additional language be inserted into the bill to make it gender neutral and just.
b) Providing a clear and objective definition of “Financial Hardship’ so that this term is not interpreted in the wrong way and divorces are not sold by wives.
c) Creating objective parameters for calculating financial assistance like tenure of the marriage and relative sacrifice made by the parties in the marriage.
d) 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.
e) Condition of closing child custody litigation before granting divorce so that rights of child to seek the involvement of both parents are not taken away from it.
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