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Showing posts with label marriage bill. Show all posts
Showing posts with label marriage bill. Show all posts

Wednesday, 4 September 2013

सुहागरात में पत्नी ने मारी लात, युवक ने जिद पकड़ ली लड़की बनने की

अहमदाबाद। बीते शुक्रवार को अहमदाबाद के सिविल हॉस्पिटल में सेक्स चेंज का ऑपरेशन कराने पहुंचा युवक कौन था? आखिर क्यों उसने लड़की बनने की जिद ठानी? पुरुष से स्त्री बनने के लिए इसने क्या-क्या किया? यह जानने के लिए दिव्यभास्करडॉटकॉम की टीम इस युवक से मुलाकात की। 
 
बातचीत में पता चला कि इसके पीछे उसका दर्द था। वह विवाहित होने के बाद भी अब तक सेक्स से वंचित है। इतना ही नहीं, अब वह पत्नी से इतना त्रस्त हो चुका है कि उसने स्त्री बनकर रहने का दृढ़ निश्चय कर लिया है।
 

Tuesday, 27 August 2013

Rajya Sabha Debate on Marriage Amendment Bill - 2013

Men's rights activists hope Lok Sabha won't okay 'husband killer law'

The Marriage Laws (Amendment) Bill, dubbed as a husband killer law by men’s rights activists, was approved by the Rajya Sabha on Monday. Men’s rights groups who have been staging nationwide protests and holding debates on the issue say they will continue to meet with lawmakers to persuade them not to pass the bill in the Lok Sabha.

Virag Dhulia, a leading men’s rights activist, told rediff.com that they were trying to establish communication with members of Parliament on the subject. “We are telling them about the problems this bill would cause as the male in general is the stakeholder in this draconian law. We are trying to tell them what changes ought to be made to this bill and how, if it gets presidential assent, it would become a disaster. We hope our lawmakers would take into consideration all this and not to pass bills merley keeping in mind vote bank politics.”
Among other things the Marriage Laws (Amendment) Bill empowers the courts to decide the compensation amount for the wife and children from the husband’s inherited and inheritable properties once the marriage ends legally. The Bill allows parties to file for divorce on the ground of “irretrievable breakdown” of marriage. Both parties have to live apart for at least three years before filing such a petition.
Dhulia points out, “Basically the hard-earned money and property of the man will not belong to him” once this Bill becomes law.
The Bill also provides for restricting the grant of a decree of divorce if the court is satisfied that adequate provision for maintenance of the children has not been made consistent with the financial capacity of the parties to the marriage.
Also, the wife has the right to oppose the grant of divorce on the ground that the dissolution of marriage could result in grave financial hardship, but no such provision has been made for the husband. “Law Minister Kapil Sibal has totally ignored the National Crime Records Bureau data which states that every year more than 65,000 married men end their lives,” the activists point out.
As per the Bill’s statement of objectives, the Hindu Marriage Act and the Special Marriages Act have proved to be inadequate in dealing with cases where there has been an irretrievable breakdown of marriage and hence it was decided to amend the law. Even the Supreme Court had pointed out the need to introduce ‘irretrievable breakdown of marriage’ and ‘mutual consent’ as grounds for granting divorce in order to reduce litigation and to enable both parties move on in their life.
What Sibal failed to take into consideration was how such a law would reduce litigation when cases filed by women under the dowry and harassment laws and child custody are not decided at the time of issuing a divorce decree, the activists point out.

http://www.rediff.com/news/report/mens-rights-activists-hope-lok-sabha-wont-okay-husband-killer-law/20130827.htm?sc_cid=fbshare

Monday, 26 August 2013

RS approves bill to make divorce friendly for women

The Bill allows both parties to file for divorce on the ground of "irretrievable breakdown" of marriage.

Rajya Sabha on Monday approved a proposal to make divorce friendly for women as it provides for the wife getting share in the husband’s immovable property after “irretrievable breakdown” of marriage.
The Marriage Laws (Amendment) Bill seeks to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and children once the marriage legally ends.
The Bill allows both parties to file for divorce on the ground of “irretrievable breakdown” of marriage. Both parties have to live apart for at least three years before filing for such a petition.
Provisions have been made to restrict grant of a decree of divorce on ground of “irretrievable breakdown” of marriage if the court is satisfied that adequate provision for maintenance of children has not been made consistently with financial capacity of the parties to the marriage.
Also, the wife has the right to oppose the grant of a divorce on the ground that the dissolution could result in grave financial hardship.
Replying to a debate on the bill, Law Minister Kapil Sibal said it is “a historic peace of legislation” in a patriarchal society like India where women, who constitute 50 per cent of the population, own only two per cent of the assets.
He said the divorce is “gender neutral” as either the wife or the husband can seek divorce. However, the right over property will not be gender neutral as wife can lay claim on husband’s immovable property.
The Bill also provides that a court can take an ex parte decision on granting divorce if one of the two parties refuse to move a joint application.
As per the existing laws, the parties have to move a motion jointly between 6 and 18 months in case of divorce on grounds of mutual consent.
However, it has been observed that in several cases one of the parties do not turn up for filing of motion jointly with the other party leading the party desirous of divorce hapless and remediless.
The amendment has been done to mitigate such hardships, said the statement of objects and reasons of the Bill.
During discussions, several MPs across party lines suggested the Bill be made gender neutral and should not be confined to Hindu marriages only.
The Bill seeks to amend Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
Mr. Sibal, however, noted that the legislation is in context of Hindu Marriage Act and the Special Marriage Act, a couple has a choice to get registered under the Special Marriage Act.
He said it would be the courts that would decided about the division of property post divorce.
“We have to trust our judges...Judges...will decide what (amount of) property will given to women,” he said.
The Minister, however, said there was no amendment which works against women and works in favour of men.
He said the Members of Parliament should show that they are on side of women in a patriarchal society.
Earlier, Najma A. Heptulla (BJP) said divorce is considered a taboo in India and efforts should be made to ensure that family structure remains intact.
She accused the government of not doing anything for the 10 crore women belonging to Muslim community. She promised BJP’s support to any legislation for betterment of Muslim women.
She also said there should be only one law for all women in the country.
As per the statement of objects and reasons of the bill, Hindu Marriage Act and the Special Marriage Act have proved to be inadequate to deal with the issue where there has been irretrievable breakdown of marriage and therefore the need was felt for the amendments.
Supreme Court too had pointed out the necessity to introduce irretrievable breakdown of marriage and mutual consent as grounds for grant of divorce in all cases.
“Having regards to the recommendations of the Law Commission of India and the observation of the Hon’ble Supreme Court...it is proposed to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, so as to provide for irretrievable breakdown of marriage as a ground of divorce thereunder subject to certain safeguards to the wife and affected children,” the statement said.
The Law Minister said husbands too can move courts for irretrievable breakdown of marriage.
Ram Prakash (Cong), Narendra Kumar Kashyap (BSP), Jharna Das Baidya (CPI-M), Derek O’ Brien (TMC), Arvind Kumar Singh (SP), Renubala Pradhan (BJD), Vandana Chavan (NCP), Bharatkumar Raut (SS) and Gyan Prakash Pilania (BJP) also participated in the discussion. 


Men's right group protests against 'discriminatory' proposed marriage law


A men's rights group on Sunday took out a rally protesting against the proposed Marriage Laws (Amendment) Bill, 2002, alleging it would breakdown the traditional family system by introducing no-fault divorce and was heavily loaded against the husband.
"Similar laws in the west have led to breakdown of the traditional family system. In the US, while only 20 per cent of couples who married in 1950 ended up divorced, about 50 per cent of couples who married in 1970 did so after the no-fault divorce came into being," said Hriday spokesperson Anil Gupta.
He said as per the proposed legislation, which has received the nod from the cabinet, a wife can walk out of the marriage on her sweet will.

http://ibnlive.in.com/news/mens-right-group-protests-against-discriminatory-proposed-marriage-law/417184-3.html

Tuesday, 20 August 2013

43-year-old man arrested for blackmailing wife over dowry demands

43-year-old man arrested for blackmailing wife over dowry demands


A businessman was held here for blackmailing his wife and demanding dowry from her family after threatening to release her nude photographs on the internet, police said Tuesday.
Accused Gagandeep, 43, a resident of DLF Phase-1, was arrested on Monday night for shooting nude photographs of his wife, 40, and threatening to upload the pictures on the internet, police said.
"We are investigating the case," Surender Phogat, chief of DLF Phase-1 police station, told IANS. 


The two got married more than a decade ago and have two children, police said.
The businessman was Tuesday presented in a Gurgaon court which sent him to one day police custody for questioning. 

http://ibnlive.in.com/news/43yearold-man-arrested-for-blackmailing-wife-over-dowry-demands/415911-3-240.html