Do matrimonial laws REALLY FAVOR WOMEN?

So far I understood, the maintenance acts in India are not gender neutral everywhere. Now act regarding ‘maintenance of one’s spouse’ may please be studied.

Maintenance divided into two parts –

(1) Before divorce,interim maintenance provided i.e. alimony pendente lite (U/s SEC 36 SMA) &  maintenance Pendente lite and expenses proceedings (u/s sec 24, HMA)

(2) After divorce ….

SEC 36 SMA is a gender biased law; whereas sec 24 HMA is gender neutral, because, u/s 36 only wife entitled to get interim maintenance, whereas, u/s 24, both the spouses entitled to get interim maintenance. The act reproduced bellow for a careful reading with special attention to the underlined portions.

…… SMA SEC 36. Alimony pendente lite  -Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the court to be reasonable.

HMA SEC 24: Maintenance Pendente lite and expenses proceedings. - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

I think, this link also is contextual.

 

https://www.lawyersclubindia.com/forum/GENDER-EQUALITY-in-INDIA-An-Overview-23979.asp

Is India REALLY a male dominated or hen pecked country?

mr jogeshwar,

your personal opinion and analysis requested on the thread question.

Many thanks dear Arup.

Let me go through whatever is presented. Since it is a long thread it will take a bit time to grasp.

ok, mr jogeshwar, thanks.

Madame Aishwarya,

You don’t seem to have a clear and wholesome picture of the present day Indian women (erring wives), matrimonial laws, the judges and the advocates. Yours is case of a “frog in the well”. Whatever you thought it may not be more than 2% of the entire ocean of bad happenings in the matrimonial courts which are guided by Judges’ pro-women, whimsical misinterpretations and decisions and also worn out laws.

Even a learned counsel Sri Prabhakar, has jaundiced eyes with which he can see only yellow colour, not any other colours.

Hats off to Arunkumar, Swatirswatir and the legal fighter. At least to a “some extent” they have unveiled the truth about the prevailing Indian matrimonial laws and life (really lop sided, bad and needs to revised, rewritten).

 

I keep telling. People to at least go a couple of rounds at the Family courts. You will see more than 95% of devastating wives, always conspiring to entangle their husbands in criminal cases and inevitably, without fail, squeezing them (husbands) for unreasonably huge huge amounts of maintenance. They are always focused on amassing money and wealth. Even the husbands are made to pay the Court costs.

THE PAINFUL, RIDICULOUS, AND AGONIZING FACT IS THAT THE HUSBANDS ARE NOT SUPPOSED TO GET THE DETAILS OF THEIR EXPENDITURES. THEY CAN NOT SEEK THE EXPLANATIONS(THOUGH THEY ARE THE PAYMASTERS!!!!!!!!! AND THEIR HARD EARNED MONEY CAN JUST GO LIKE THAT!!!!! WHAT A HORRIBLE RULE IT IS!!!!!!!!!!!! WHAT A PARTIAL LAW IT IS!!!!!!!!

ON THE OTHER SIDE, THE WIFE CAN CALL FOR RECORDS, GO TO HER HUSBANDS’ WORK PLACE CREATE UGLY SCENES, FOR THIS WOMEN ARE LEFT UNPUNISHED.

Here is a typical judgment and case wherein the glaringly erring (criminal) wife has been let off without reason and rhyme.

 

 

 

WHAT A GREAT INJUSTICE TO MEN!!!!!!?????

Oh, HARASSED MEN AND SO CALLED ASSOCIATIONS PROTECTING THEM

RAISE AND AWAKEN, FIGHT IT OUT

            I read with great interest the judgment of the HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION in FAMILY COURT APPEAL NO. 116 OF 2002 WITH FAMILY COURT APPEAL NO. 47 OF 2007.

 

The said petition for cancellation of permanent alimony by the and also MA No.7/01 requesting the court to take action against the wife by lodging a complaint for the offences under sections 193, 182, 196, 199, 200 and 201 of IPC, as the respondent wife had given false evidences before the court in earlier proceedings. The family court had decreed FA No.77/01 and thereby cancelled the order of grant of permanent alimony from the date of filing of petition. The incidental relief claimed by the husband which is in the nature of direction for return of amount of

maintenance paid by the husband to the wife came to be rejected. The court also rejected the MA No.7/01 for taking action against the respondent wife for leading false evidence before the Court.

Thus the questions for determination which arises in these appeals are (i) as to whether the family court is justified in cancelling the order of grant of permanent alimony and in refusing to issue direction against the wife to return the amount of maintenance already received? (ii) Is the court justified in rejecting the request made by the husband to take action against the respondent wife for leading false evidence?

In COMMON SENSE the answer for the first question should be

(a) Cancellation of the order of grant of permanent alimony is right. It is a clearly proven fact that the wife has erred to the maximum extent possible and hence she should reap the fruits.

Regarding the second part of it, it  is worth noting that the divorce has already happened. They are no more husband and wife. THEY WILL NOT HAVE (and they need not have also) any love, affection and/or soft corner for others. BECAUSE THEY ARE ALREADY PARTED. When the former wife (NOW AN ORDINARY WOMAN) can go to the extent of telling lies, misrepresenting and misleading the Court to derive undue benefits WHY action SHOULD be refused and rejected?  If they were to be a happy husband and wife the problem would not have been there at all. With their mutual understanding it would have been settled. They would not have come to the Courts at all.  When the aggrieved party himself complains, pin points the crimes of the opponent (I do not want to call wife or woman)  and seeks relief how can he be denied relief?  Will any other ordinary woman who has committed a crime will be let off just like that in other cases? Can it be done at the cost of men? IT IS A GREAT INJUSTICE TO MEN. The said judgment is anti-men. Isn’t it so? THIS MEANS TO SAY THAT ERRING WIVES (AND ALSO FORMER WIVES) ARE FREE TO DO ANYTHING. ALL THEIR CRIMES AND UNTRUTHFULNESS ARE HONORABLE AND UNPUNISHABLE ACCORDING TO THE PRESENT SET UP OF LAWS AND JUDGES.

Imagine a man in the place of that woman in the above case. What would have been the judgment? Definitely he would have been sent to jail. What a cruel paradox indeed.

It is conspicuous that both the Courts in the above case have been cruel to men. It has blatantly rejected the just pleas of the former husband. The Courts have been convinced about the crimes of the woman (wife). And that woman is not an ordinary, rural, uneducated one. She is quite opposite to all that. But the judgment is quite contradicting the common perception of justice. At least the Courts should have taken a positive step in upholding the already worn out statements of EQUALITY AND JUSTICE. I am sure that the first part of the judgment will be of less consequence for the criminal wives. THIS JUDGMENT IS SURE TO SEND WRONG SIGNALS. IT LEGALISES AND ENCOURAGES FURTHER MORE CRIMES AGAINST MEN/HUSBANDS.

PLEASE FIGHT IT OUT.

 

Madame Aishwarya,

You don’t seem to have a clear and wholesome picture of the present day Indian women (erring wives), matrimonial laws, the judges and the advocates. Yours is case of a “frog in the well”. Whatever you thought it may not be more than 2% of the entire ocean of bad happenings in the matrimonial courts which are guided by Judges’ pro-women, whimsical misinterpretations and decisions and also worn out laws.

Even a learned counsel Sri Prabhakar, has jaundiced eyes with which he can see only yellow colour, not any other colours.

Hats off to Arunkumar, Swatirswatir and the legal fighter. At least to a “some extent” they have unveiled the truth about the prevailing Indian matrimonial laws and life (really lop sided, bad and needs to revised, rewritten).

 

I keep telling. People to at least go a couple of rounds at the Family courts. You will see more than 95% of devastating wives, always conspiring to entangle their husbands in criminal cases and inevitably, without fail, squeezing them (husbands) for unreasonably huge huge amounts of maintenance. They are always focused on amassing money and wealth. Even the husbands are made to pay the Court costs.

THE PAINFUL, RIDICULOUS, AND AGONIZING FACT IS THAT THE HUSBANDS ARE NOT SUPPOSED TO GET THE DETAILS OF THEIR EXPENDITURES. THEY CAN NOT SEEK THE EXPLANATIONS(THOUGH THEY ARE THE PAYMASTERS!!!!!!!!! AND THEIR HARD EARNED MONEY CAN JUST GO LIKE THAT!!!!! WHAT A HORRIBLE RULE IT IS!!!!!!!!!!!! WHAT A PARTIAL LAW IT IS!!!!!!!!

ON THE OTHER SIDE, THE WIFE CAN CALL FOR RECORDS, GO TO HER HUSBANDS’ WORK PLACE CREATE UGLY SCENES, FOR THIS WOMEN ARE LEFT UNPUNISHED.

Here is a typical judgment and case wherein the glaringly erring (criminal) wife has been let off without reason and rhyme.

 

 

 

WHAT A GREAT INJUSTICE TO MEN!!!!!!?????

Oh, HARASSED MEN AND SO CALLED ASSOCIATIONS PROTECTING THEM

RAISE AND AWAKEN, FIGHT IT OUT

            I read with great interest the judgment of the HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION in FAMILY COURT APPEAL NO. 116 OF 2002 WITH FAMILY COURT APPEAL NO. 47 OF 2007.

 

The said petition for cancellation of permanent alimony by the and also MA No.7/01 requesting the court to take action against the wife by lodging a complaint for the offences under sections 193, 182, 196, 199, 200 and 201 of IPC, as the respondent wife had given false evidences before the court in earlier proceedings. The family court had decreed FA No.77/01 and thereby cancelled the order of grant of permanent alimony from the date of filing of petition. The incidental relief claimed by the husband which is in the nature of direction for return of amount of

maintenance paid by the husband to the wife came to be rejected. The court also rejected the MA No.7/01 for taking action against the respondent wife for leading false evidence before the Court.

Thus the questions for determination which arises in these appeals are (i) as to whether the family court is justified in cancelling the order of grant of permanent alimony and in refusing to issue direction against the wife to return the amount of maintenance already received? (ii) Is the court justified in rejecting the request made by the husband to take action against the respondent wife for leading false evidence?

In COMMON SENSE the answer for the first question should be

(a) Cancellation of the order of grant of permanent alimony is right. It is a clearly proven fact that the wife has erred to the maximum extent possible and hence she should reap the fruits.

Regarding the second part of it, it  is worth noting that the divorce has already happened. They are no more husband and wife. THEY WILL NOT HAVE (and they need not have also) any love, affection and/or soft corner for others. BECAUSE THEY ARE ALREADY PARTED. When the former wife (NOW AN ORDINARY WOMAN) can go to the extent of telling lies, misrepresenting and misleading the Court to derive undue benefits WHY action SHOULD be refused and rejected?  If they were to be a happy husband and wife the problem would not have been there at all. With their mutual understanding it would have been settled. They would not have come to the Courts at all.  When the aggrieved party himself complains, pin points the crimes of the opponent (I do not want to call wife or woman)  and seeks relief how can he be denied relief?  Will any other ordinary woman who has committed a crime will be let off just like that in other cases? Can it be done at the cost of men? IT IS A GREAT INJUSTICE TO MEN. The said judgment is anti-men. Isn’t it so? THIS MEANS TO SAY THAT ERRING WIVES (AND ALSO FORMER WIVES) ARE FREE TO DO ANYTHING. ALL THEIR CRIMES AND UNTRUTHFULNESS ARE HONORABLE AND UNPUNISHABLE ACCORDING TO THE PRESENT SET UP OF LAWS AND JUDGES.

Imagine a man in the place of that woman in the above case. What would have been the judgment? Definitely he would have been sent to jail. What a cruel paradox indeed.

It is conspicuous that both the Courts in the above case have been cruel to men. It has blatantly rejected the just pleas of the former husband. The Courts have been convinced about the crimes of the woman (wife). And that woman is not an ordinary, rural, uneducated one. She is quite opposite to all that. But the judgment is quite contradicting the common perception of justice. At least the Courts should have taken a positive step in upholding the already worn out statements of EQUALITY AND JUSTICE. I am sure that the first part of the judgment will be of less consequence for the criminal wives. THIS JUDGMENT IS SURE TO SEND WRONG SIGNALS. IT LEGALISES AND ENCOURAGES FURTHER MORE CRIMES AGAINST MEN/HUSBANDS.

PLEASE FIGHT IT OUT.

 

Mr. Arup sir,

Please let me know is there any wrong in husband asking for the details of the expenditure of her erring and litigating wife.

Why the Govt. or for the matter anybody who lends you money, you are accountable for it. You are supposed to pay taxes. In salaried class people the tax is deducted at the source itself.

But what about a woman. She knows only the gathering up of money. And spending them lavishly. But still the husband is banned from seeking the accounts or the details of her expenditure.

ISN'T IT TOO MUCH ON HUSBANDS? IS NOT A GREAT INSULT AND INJUSTICE TO THE HUSBANDS?

 

If a woman provides the details of her expenditure you can see:

a) Her extravaganza

b) Leading an enjoyable life even without the company of the husband and at the cost of that absent absent

c) Illegal and false accounting and so on

A working husband is supposed to account for even a single pie in his day to day life.

The husband is made to shed his hard earned money to her troubling wife. She can enjoy that money. To get that money she can call for records, documents and other relevant matter and materials.

But why can't a husband do it? Now a days, in most of the cases, the wives who are collecting (nor collecting LOOTING)  lakhs and lakhs rupees from their helpless husbands, are indluging in various different kinds of activities like lending the money, investing in gambling, etc.

To have pinch of it and suffer from this I wish this to happen:

A wife of a Judge or a prominent political leader/law maker shoul go astray. She should entrap the Judge, that prominent political leader/law maker in matrimonial disputes. She should file false criminal cases against the above said persons, their parents, their relatives and friends.  And all of them must be sent to jail at least for few hours. She should collect a huuuuuuuuuuuuuuuuuuuge amount of maintenance but still ask for their salary slips, list of assets, properties including cycle, motor, almirahs, chairs and others through Courts. The sitting Judge, as usual, must grant a huge amount in the form of maintenance but should not allow the above persons to get the details of her expenditure.

Ho!! lo!!!!!!!!! then these people may raise. open their eyes to the realities. They may try to change the laws according the changed circumstances, lives and persons.

It is great that this thread have been revived.

Mr. AnanayaPriya, u may get posters pasted and may get pampletes distributed all over the country, highlighting those points/issue. So that whole country will awake from deep slumber and get to know the atrocities and crime women are commiting.

Mr. Nirashutosh Bharatiya,

Thank you very much. A day will soon come when that will/should  happen.

@the lover of justice

the author is not discussing false 498A cases...she's discussing genuine cases of wronged women who get v.late or no justice.so lets not divert from the issue please....

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i am amazed at your confidence level....if u so sure that all women are v.lucky in matters pertaining to matrimonial laws,i will ask u few questions,for which i am sure u have many proofs,as i can infer from your talking style.

please attach the proofs as research papers,stats,etc in regards to the matters below:

(i'm talking of genuinely wronged women from all classes of society,ie,rich,middle class and poor )

 

1.that since 2006 when DV act was passed, all women's DV cases have been disposed off in 2 months,which this law provides for

2. that all women filing above case have been granted maintenance EXACTLY ACCORDING TO husband's income;not peanuts.

3. that when woman goes to file 498A cases,the police are always v.eager to help ,even if she has no money to bribe them or pay PPs

 

4. that poor women all over india are getting v.efficient and honest lawyers from legal aid centres

 

5. that  if woman has no proof of mental torure,or no proof that inlaws and husband killed her for dowry,the judiciary manages to give her justice owing to high investigation techniques,in few months

 

6.that  there are absolutely no adjournaments in cases like 498A,DV Act,125 etc

 

7. all genuine 498 a cases or dowry death cases have resulted in conviction and that they have been solved in less than 2 yrs when the woman chose to fight out.

 

8. all judges in women courts are present..no leaves by judges whatsoever

 

9. keeps of wives' husbands are also punished alongwith the husband,if the wife chooses to sue her...

 

10. our courts can trace runaway NRI husbands even if they run to different countries, in just few days/months

 

11. all streedhan of all indian daughter inlaws is returned to her fully..including jewels gifted by inlaws...no problems at all once she approaches the judiciary...and this happens in few days of passing of order for returning it

 

12.if the husband is abroad and his salary cannot be found out by his wife,the judiciary has helped her fully in this regard also

 

i am waiting for your research papers now to be uploaded here which prove that all innocent litigant women have benefitted fully in just few months of filing cases and they got justice exactly the way it's written on papers

 

 

 

 

oh yeah one last point on which i want to see your research,documents,etc

 

that when the boy's side try to bribe the innocent woman's lawyer,judge,police etc these morally upright legal people immediately expose them...so obviously no bias towards the victim and no adjournaments because of any tricks played by boy';s side!!

so justice for women is superfast like a rocket!

" that when the boy's side try to bribe the innocent woman's lawyer,judge,police etc these morally upright legal people immediately expose them...so obviously no bias towards the victim and no adjournaments because of any tricks played by boy';s side!!" - 'boy's side try to bribe', samething done by women side. myself victim of it.

I agree with Arup ji's comments...

 

 

In any litigation, the weaker side (on merits, ethics, proofs) indulges into acts of offering bribe entice the opponent's lawyer to behave unenthical

 

 

Match-fixing for winning............... by hook or crook!!!!

 

 

The investigation side has become insensitive, more or less, ........................almost on daily basis we get to read and watch TV how..................... the evidence is also tampered in between just to make an escape route for suspects.

 

 

Justice is meant for wealthy.....Reasons:: because they can empty their wallet!!........hence the investigation side which already starved of resources, facilities, morals, welfare in thier dept.... automatically pay more attension to such cases. Since the investigation side is already starved of resources.......Is it possible to hold them accountable/responsible for lapses/delay/lethargy in the investigation? ...............No...................it's difficult to question them or hold them accountable also........as to why couldn't the investigation devote more time to cases of those who are poorand couldn;t shell out money !!!!! 

 

 

This is the loop hole which is absolutely unpluggable.

 

 

And it's been happening from ages!!!

 

 

But it has progreesed to such an insensitive level that now a days they don't even feel obliged that they have a duty to the people also...they are only worried about recovery of money that they themselves had to shell out................... while getting themselves recruited into the post/job!!!