Personal Laws (Amendment) Bill, 2010 - A que. to FL Experts

Mr.Arun,

I would like to add to what you have said unfortunately all these recommendations comes from men in the form of Judges and Legislatures,

what do you say these feminist groups are sharing Bed with the Law makers?

1. No comments
2. You are advocate so you can get away with whatever you like to say in public forum but I am a common man and that also party-in-person in 16 cases so I don't want to take your headache of adding 1 more case unbiasedly :-|||||
3. BTW ld. advocates visit Lordships Chambers more than a common man so you must answer further :-)

WITH THE CONSENT OF HER HUSBAND or WITHOUT THE CONSENT OF HER HUSBAND ?

WIT OR WITHOUT? PLEASE CHECK.

A second take from a aam adami: "If this type of ammendments will keep happening..days are not far when amendment will come for wife to get interim conjunal rights.....why not aftrer all is she not a errant person before the only eyes of COI "
 

"ISKI BIBI USKE GHAR" will be in Personal Laws (Amendment) Bill,  2012

Hi,

I would say this amendment does not help women who are separated and undergoing divorce. I am facing this problem myself. Separated, undergoing divorce but the guy refuses to give me consent for adoption. This is totally totally absurd. Why should i get a permission from the guy whom i am not going to stay  connected  in future, who is not going to beinvolved with the upbringing of the child, who is not going to contribute to anything in the childs' life.  I wonder what is the idea behind this amendment?

Just my thoughts,

1.Husband, wife going through divorce proceedings ..meanwhile wife adopts a child without husband's consent for any reasons. Wouldnt he (husband) be un-necessarily burdened with Child's maintenance/ responsibility as well by law?

2.Errant husband  /  wife wants to live on their own (separately from spouse) after adoption of child. If this consent is not required then more and more marriages where spouses are separated would take route of adoption, and more and more adopted child would grow under single father/ mother. Wouldnt this affect overall to adopted childrens ?

1. How would be the husband be burdened when he is not signing any papers in the court for adopting the baby? The application for adoption is as `Single Parent'. Even if I decide not to go for divorce and decide to live with him, he still has to adopt the baby and become father.

2. Lets say if he gives the consent, does that make the baby's upbring any different.    If you look at hte the number of children   waiting for adoptions, in India, it is better to have `Single Parent' than ` No parent'. As far as the upbring of the child is concerned, the adoption agency makes sure that the child's requirement s are met by  the Single parent. Only and Only if they are convinced they give the child for adoption.

I totally differ to your put forward two views;


1. Say a couple living un-harmoniously is the situation and against that backdrop if wife adopts a child how come the husband can ever shrug off his responsibilities? Havenot heard illegitimate and adopted child a father can shrug off his responbilities even under S. 125 CrPC intent and object read with Amendments of the Code. Second in first para of your views you are contradicting your first sentence by adamantly pushing husband to adopt in second sentence whereas it is the wife whom you are saying will be adopting !


2. Now, here is a similar situation, say if he gives the consent the upbringing will be different to the most crucial societal point that the child will HAVE A FATHER and not live like a FATHERLESS child and there is huge difference between these two protections given by a DAD or PAPA and or FATHER kindly understand the importance of a FATHER first of all. If you know personally of an Adoption Agency which just sees single parent criteria and gives children for adoption then just immediately send their complete address I will like to take them for some good legal rides and I am not talking here of Sushmita and other celebrities adoption Page 3 cases mind it. 

Thanks for your reply. Excuse my saying but you sound very anti-women.

Let me cut paste the following para which i googled............

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Who can claim maintenance u/s 125 of CrPC?

A. The following can claim maintenance u/s 125 irrespective of their religion;
 

• Wife if she is unable to maintain herself,
• Legitimate or illegitimate minor child, whether married or not, who is unable to maintain himself or herself
• Father or mother who is unable to maintain himself or herself

Q. Is there any limitation period for making an application for maintenance?

A. No.

Q. Under what conditions is a wife not entitled to maintenance u/s 125?

A. No wife shall be entitled to receive an allowance from her husband if:
 

• She is living in adultery, or
• Without any sufficient reason she refuses to live with her husband, or
• They are living separately by mutual consent.

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The situation here is .

currently  living separately after the 1 motion. Divorce is by mutual consent. No maintenance asked here.

Are you saying that after the 1st motion, if one adopts, the unwilling party has to pay for maintenance of the child. I have my doubts. You can confirm this if you are a lawyer.