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ROLL BACK OF THE MARRIAGE LAW (AMENDMENT BILL 2010) PDF Print E-mail
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Written by TWB   

India- Hundreds of Child Rights and Social Activists are heading to New Delhi to protest at Jantar Mantar, New Delhi against implementation of the proposed “No Fault Divorce Law” on 18th August, 2012. Many Social activists and Victims of  Gender Bias laws from Bangalore are also participating in the above Dharna

CRISP is an NGO dedicated to the cause of Child Rights and Shared Parenting since 2008. Our organization is run by people who recognize the serious effects of Parental Alienation of children due to single parent families on account of divorce or separation. CRISP is committed to fight against alienation of children from their parent(s) in the ever increasing divorce/ separation rates, which is due to current loosely drafted family law which stands against the customary and cultural values of our society.  CRISP also focuses on furthering the rights of children to remain connected with both biological parents. We are a pro-family and a pro-life organization, our aims, objectives and goals based on research findings are to promote family harmony in our society. We are a large group of people from all walks of life, like software engineers, doctors, teachers, businessmen, and social workers etc, to address this burning issue in our society.

Our NGO CRISP was invited by the Parliamentary standing committee by the Rajya Sabha for our views on the proposed marriage law amendment bill 2010.  CRISP had the privilege of appearing & expressing our concerns on the proposed amendment of marriage law bill and no fault divorce & brought it to the notice of the committee certain recommendations in the proposed bill in the interest of the minor children.

We had made it clear in our submissions in front of the committee and cautioned  that the present bill does not deal with matters like custody of the children, visitation rights etc., . It is also on the record that we have made it clear that the present bill is based on the flawed presumption that the child is best taken care by the mother only. Children are the major losers if this bill is passed & implemented as they will suffer absence of the father in their young lives which will hamper their welfare.

By not learning any lessons from the pathetic condition of family system in Western Countries, Indian Government proposed to introduce the “No Fault Divorce” in India by Amending the Hindu Marriage Act. Union Cabinet has approved this bill few months back and it is going to be tabled in the parliament at the monsoon session this month.

India does not need the concept of “No Fault Divorce Law”. If this law is enacted, then men or women will get divorce even if their spouses do not want divorce. Many men

are also calling this law as “Gold Digger’s law” as it will enrich urban women who marry multiple times and the future children born from the wedlock will be badly ruined for lack of natural parental love.

Once this amendment is passed by the Parliament, the husband or wife can deliberately rock their marriage and create a breakdown and then seek divorce under “No Fault Divorce Law”. Divorce will be granted by the court even if the other spouse is opposing it and shows his or her willingness to stay with the spouse. The person applying divorce does not have to prove any cruelty by his or her spouse. They just have to apply divorce and they will get it under this “No Fault Divorce” clause & children by default will remain with the mother only and they will be deprived of fathers love and affection & care.

Many men already got completely ruined due to institutionalized extortion with multiple false allegations and false court cases (like section 498a( Dowry Act) and Domestic Violence act). If this “No Fault Divorce” Law is passed, majority of the husband facing divorce will become bankrupt losing their property and assets to wife, buying peace from false dowry and domestic violence cases and paying litigation fees.

With the proposed bill, in name of use of Section 15(3) of the Constitution of India, Section 15(1) is under complete violation when it does not allow one gender (male) to contest his own case. The Bill curtails the fundamental Rights to Equality before Law as granted by Constitution to every Citizen.

There are already enough provisions in the existing Hindu Marriage Act Section 27 where in the property jointly acquired after marriage can be disposed off by the courts between the divorcing couple.  So it is inexplicable as to what need was there to put additional  provisions in Hindu Marriage Act that the courts would now need to decide on Women’s share in matrimonial property at the time of divorce to which they have contributed during the marriage.

 CRISP demands the following:

  1. Law minister must immediately rollback the “No Fault Divorce Law”.The current Hindu Marriage act is Gender Neutral. Government must continue to keep this bill also Gender Neutral
  2. Children must be given access to both biological parents in case of divorce or separation. Under no circumstances children can be cut off from one parent Thus divorce should not be granted to the warring couple until the joint custody is accepted by the parents as a working solution.
  3. Government must first put an end to all false cases against men during marital problems, which women file to force men to pay huge Alimonies.
  4. Men have responsibility to provide only for their children. In case of a housewife, she will be provided by husband only on the basis of her contribution to household work for or the duration of marriage and no maintainence to be paid for a self sufficient working women who seek divorce.
    1. Government must also take into account men’s financial responsibilities towards their old parents while making any amendments to current laws and also the family liabilities to be deducted before sanctioning the alimony figure to the wife.
    2.  The proposed structure of the Bill is totally Anti-Husband, Anti Mother-Sister and  Anti-Family. As, per the proposed bill, the husband CANNOT challenge the divorce petition filed by his wife,based on ground of grave financial hardship which is a gross violation & against the principal of natural justice.
    3.   Media’s reports on inclusion of the Moveable or Immoveable assets of the Husband irrespective of being bought / created during or before marriage are being forced into the division. This is spreading a wide-spread emergency panic into the hearts of Indian men who are now thinking of not getting married at all.
    4.  The children should also have a equal share of the alimony amount given to the wife by the husband and Courts should make an  order accordingly  to open an ESCROW account and appoint a trustee to safeguard the interest of the children in financial matters until the child reaches the age of 21 as it is common nowadays that parents remarry after divorce and beget more children .

Rewards for Urban Women to File Divorce:

It is well known that such a divorce law will not help any women or men. So, to sell this idea to people, the Government of India has created special incentives mainly for urban women to apply divorce. Through this amendment in the law, the Government intends

to give all the earnings and assets of the husband to his urban educated wife, if she chooses to apply divorce. Now, this is a very big temptation for urban women to ask for divorce citing even a minor argument, while a rural woman whose husband is neck deep in loans will never think of applying divorce.

Ridiculous Anti-Male Law:

The amendment bill approved by union cabinet is so ridiculous that if passed, it will give women more than half of the properties of all husbands they marry during their life time. If a woman gets divorced 3 times, then she will have half of the property of all these 3 husbands.

It is also relevant to state that the children who constitute 40% of the population don’t have separate union ministry for children to protect their rights. We at CRISP are deeply concerned with the growing number of divorces especially in urban India & these children are the real victims & unfortunately no government or political party is genuinely interested in the welfare of these unfortunate kids since they are not vote banks.  So it is time that the citizens and activists join in solidarity to voice the rights of the children & represent their interest in law making process.

More than 500 men from all over India will protest against this proposed law at JantarMantar, New Delhi on 18th August, 2012. A large no of social activists are travelling from Karnataka also to Delhi to join this protest. Activists also intend to protest outside Law Minister Salman Khurshid’s house.

We thus appeal to our media friends to kindly highlight the above issues in your esteemed print media  & bring it to the knowledge of your readers as these issues will effect one and all sooner or later & will disturb the very social fabric of our society if not corrected the next generation has to pay heavy price for this badly drafted bill if passed.

 



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