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Nyaayapriya (Advocate for justice)     06 November 2010

Anamolies in award of maintenance, require reversal

Respected Learned Advocates/human beings,

Salutations to all of you.

 

I have a burning question. Please do not mistake me for putting forth this HARD FACT which has been causing lot of injustice to the MALES/HUSBANDS in our country.

 

An unsuccessful and annoying wife (who has been cruel, incompatible, deserted the husband for ever) has ALSO BEEN MADE TO ENJOY all the benefits as a matter of right in our Country. According to the prevailing laws a divorced wife, who has been proved guitly,  can also literally hold her divorced husband by his tuft.

           

THE MOST UNPREDICTABLE FAMILY COURT JUDGES HAVE ALSO BEEN CRUEL TO THE HUSBANDS. YOU PLEASE GO THROUGH THE RECENT JUDGMENTS. ALL OF THEM ARE UNDUELY IN FAVOUR OF WIVES. FACTS AND CIRCUMSTANCES ARE TOTALLY OVERLOOKED. NEITHER THE HUSBANDS ARE  ALLOWED IN THE COURT OF LAW TO PRESENT THEIR VIEWS IN FULL NOR THEIR OBJECTIONS AND CLAIMS ARE CONSIDERED ON THEIR MERITS.

It is ridiculous to find that these judges are awarding decrees which are not at all sought for. Most of the judgments are self contradicting and confusing.

False criminal cases, Dowry cases, misrepresentations, frauds played by the wives are having a soft corner not only with the Rule of Law but also with the Judges 

THE ONLY REMEDY FOR ALL THIS IS THAT THESE JUDGES AND POLITICIANS (INCLUDING THE LAW MAKERS, MINISTERS AND PERSONS AT THE HELM OF AFFAIRS) SHOULD BE MADE TO SUFFER ALL THE ABOVE CRUELTIES. THEIR WIVES AND DAUGHTERS IN LAW SHOULD EXPLODE AGAINST THEM AND FILE CASES AGAINST THEM ON THE ABOVE GROUNDS. THE WIVES AND FEMALE RELATIVES OF THOSE JUDGES, POLITICIANS AND OTHERS SHOULD GO THROUGH ALL THOSE ORDEALS NOW FACED BY OTHERS. ONLY THEN THEIR EYES WILL OPEN AND SOLUTIONS COME THROUGH IMMEDIATELY.

 

The matrimonial laws that are prevailing in India are age old. Now the whole set up has changed. Now the women are a changed lot. Recklessness, lack of sentiments, emotions and feelings, ego and false pride, disrespect and degradation of values of life and human bondage, contempt of tradition and culture among others seem to be the underlining traits of the present day women.   Only a small percentage of women has remained unchanged. The so called women welfare associations are fighting for equal status (they have already got it, you can see bus female conductors, female police officers, female military personnel, female CMs, Governors, Presidents, Directors, scientists, even the astronauts---the list is endless) on  par with the male. They are demanding 33% reservation. That is right. Good signs of progress---but the progress is at the cost of humane sentiments, emotions and feelings. Most of the women (95%) do not care for their husbands, matrimonial life and domestic chores. The plight of more than 90% of the husbands and their parents and other relatives has been at stake.

 

As Nyaayapriya (one who loves justice), I agree that wife should be given all the comforts. It is OK when she is in real sense SAHA DHARMINI, ARDHAANGI, BHAARYA etc. But when she is quite opposite to this how should she be allowed to claim all the comforts/benefits from her estranged husband (with no fault of his) as a matter of right?

A wife who is in litigation against her husband first of all invariably refers to the status, his income, property, wealth et al in her petitions. In almost all the cases, the wives aim at huge moneys as maintenance. Their baseless, false and motivated claims are honored by the honorable Judges. Blindly they have been awarding huge amounts of moneys as maintenance just because the Husband has been earning by toiling hard for himself with no support whatsoever from the wife. They (wives and judges)  squeeze the hen to the end which has been laying golden eggs.

QUIITE OFTEN THE LITIGANT WIVES MAKE THE CLAIM FOR HUGE AMOUNTS OF MONEY WITH REFERENCE TO THE STATUS OF THEIR HUSBANDS AND RICH EARNINGS. BUT THE MOST CRUEL PART OF IT IS THAT THE JUDGES CONVENIENTLY AND CRUELLY DO NOT CONSIDER THE FACT AS TO HOW THAT WIFE HAS CONTRIBUTED AND COOPERATED WITH THE HUSBAND IN ACHEIVING AND MAINTAINING HIS STATUS AND EARNINGS. In addition to bearing the  sufferings created by the troublesome wife, the husband is coerced to part with huge amounts of money as maintenance to a devastating wife. 

AND AFTER THE DESERTION AND DIVORCE HOW AND FOR WHAT USE CAN A WIFE BE CONCERNED ABOUT HER HUSBAND’S WELL BEING, STATUS ETC? Neither the society will recognize and respect such wives.

IT MUST BE NOTED THAT THE ROLE OF THE LITIGATING/DIVORCED WIVES IN THEIR HUSBANDS’ EARNINGS IS TOTALLY NOTHING. IN FACT IT IS NEGATIVE. THEY ARE NOT READY TO SUFFER THE LOSSES BUT RUSH FORWARD TO ENJOY THE PROFITS. THEY DO NOT BEAR WITH THEIR HUSBANDS BUT WANT TO HAVE A SOLID SHARE IN HIS PROFITS.

IN THE LARGER INTEREST OF THE HUSBANDS, SUCH GLARINGLY LOPSIDED LAWS NEED IMMEDIATE REVIEW AND REVERSAL IN THE CURRENT STATE OF AFFAIRS, THESE ANOMOLIES  SHOULD BE SET RIGHT.

I AGREE THAT THE WIFE AND THE CHILD (IF APPLICABLE), SHOULD NOT BE MADE TO SUFFER AND STARVE. LAWS SHOULD IMMEDIATELY BE AMENDED TO SEE THAT ONLY A MINIMUM OF SUSTENANCE IS PROVIDED FROM THE HUSBAND’S SIDE FOR SUCH GUILTY, ANNOYING AND DESTROYERS OF MATRIMONIAL LIFE WIVES. THE ERRING WIVES SHOULD BE CUT OFF WITH ALL OTHER RIGHTS, PRIVILEGES AND CLAIMS SO AS TO ALLOW THEIR HUSBAND TO HAVE A SIGH OF RELIEF.

Please support my views, if I am right,  so that harassed and affected husbands could get some relief. Please join hands and lend your voice in the cause of inconvenienced and victimized husbands.



Learning

 2 Replies

swatirswatir (learning law)     06 November 2010

sir, fighting false , frivilous cases filed by wife takes huge toll on husband's finances. still judges order maintenance ignoring these facts.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     18 November 2010

 

I AM FULLY AGREED WITH YOU.

 

I have certain suggestions to preserve families and to save them:

 

·          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

·          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

·          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

·          Compulsory mediation for avoiding long legal battle.

·          Law should be such that both husband and wife try to reconcile .

·          Law should not be favoring anyone to ensure that marriages are saved.

Domestic Violence complaint/FIR must not be registered after 24 hours of alleged incidence as today girls and their families tries to black mail the husband and his family to agree to their demands and if not agreed then they file the case after even many years.

FOR CHANGE TO LAW WE NEED TO TAKE IT TO MEDIA AND PRIMIE MINISTER/ LAW MINISTER /MP'S/MLA'S /JUDGES ETC. THROUGH REPRESENTATIONS ON CONTINUOUS BASIS, SO KEEP ON SENDING REGULATRLETTERS TO THESE PEOPLE AND CONVINCE YOUR NEAR AND DEARS TO ALSO DO SO.

EVERYBODY KNOW THAT LAW IS DEFECTIVE BUT NEED PIN POINTING.


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