Indian marital laws a strange situation

Please don't consider the comments from Tajobsindia as rude as he is not a Lawyer by profession and also a Victim of marital law a divorced mallu.

So please don't take his comments to your heart as he is a Joker in this forum and we all enjoy reading what he writes even if  we know he is trying to show that he is master of law.

I am following this discussion and it also made me laugh after reading Tajobsindia's comment

She has right to file restraining order against you not to get married overseas.

She has right to file S. 406 as well as S. 498a IPC.

She can summon MEA.

tajobs is a lawyer. here is an extract from his profile on this site.

"I feel internet legal forums cannot substitute in-chamber consultation(s) with professional(s). Thus I am not here for seeking client(s). If you like my legal knowledge and feel I have helped you in some ways then work on it, otherwise contact next available legal professional of your choice."

I think author is here to fight with tajobsindia only, not to solve his problem which i codemn.

I am not here to fight with anyone and only looking for advice.But what i have noticed is instead of answering to my query Taj depicted me as a Criminal and started boosting the power of Indian law.

I can understand being a lawyer he survives on  money from misuse of laws like 498a,125,DV etc and when someone talks against these law he gets irritated.I believe that lawyers like him are promoting such biased laws and only making men afraid showing the stick of such such misused laws.

I agree that Laws of land are different as here unless one does not register the marriage and does not consumate its not considered a legal marriage whereas in India only few ceremonies constitute marriage and consummation or living together is not important and alimony and maintenance is not based on the number of years of marriage where its counted on number of minutes.As everyone knows how screwed up are the Indian matrimonial laws and one guy here talking to impose that Indian law in Swiss on a Swiss citizen :)

@Querist,

Firstly I would like to express my deep sorrow that you are insulting a person who I call "The Senior" for no strong reason. You must appreciate his effort to add values to Lawyerclubindia in almost most of the threads. At least have a look over the threads he replied and I am sure you will feel your guilt.

Anyway,Coming to your conception of marriage in India and disapproval of the same,in reply,allow me to ask some simple questions-

1.Will you marry a girl/woman who got married but her husband(other person) doesn't consummate with her? Will you accept her as your wife and take her husband argument for granted that they have not yet consummated their marriage!!!???

2.Have you seen the plight of the women who are crushing under the male dominated society? How many of female Swiss citizen are living under plight and crushing under male dominated society.

3.Do Swiss citizen ask for dowry?

4.Will you accept affair of your wife as swiss citizen genrally do away with their marriage just like a contract.

5.How many cases are there of female foeticide!?

6.What is the rate of literacy?

7.What is  s*x ratio in switzerland as compared to India?

8.How many cases of rape in swiss society?Can Indian woman/girl safely walk on roads after late night?

9.Do swiss men consider their wife as house keeper?

10.How many of Indian woman are in job as compared to Swiss women and how many of them think about the other family members.

11.How many of Swiss woman sacrifice their happiness to save a matrimonial home?

Think judiciouly.

Law points for you-

The sources of law in a land are society,custom,usages,some scripttttures(Manu Smriti in case of Indian Penal System,Yagvalakya,and so on). A good law is always tested against such sources. The process of law making goes as follows-

1.Proposal of Bill(Either by demand and wish of the people at large Or by some legislative panel)

2.President assent.

3.Introduced in loksabha

4.Introduced in Rajsabha

5.If passed by both houses,President assent to enact it as law.

6.Notification in Gazette of India.

7.Constitutionality Test by Apex court.

The test pointed out in number 7 is of most important in the interest of public at large.

Whenever a law is to be made,it's contitutionality is always  challenged by PIL in Apex court.Same happened with the law or section you are having trouble with. The apex court,while taking due care of the position of women in India,regarded those laws as constitutional. The section 498-A itself was not bad in interest of the happenings and plight of the women is dowry greedy family but rather some high profile women gave this section different direction.Then supereme Court termed it as 'Legal Terrorism" and directed the subordinate courts to take such matters with wisdom and not only by facts presented in the case. Law commission also recommended to shun the misused law. Therefore,you cannot say that such law is absurd or Law makers are just blind.

In short I would like to emphasize that if you want law in india like Switzerland,then first make India a 'Switzerland'. Equality can be done only among equal classes. If a blind equality was followed in india then a poor earing 30 rupees daily and a Billionaire earing 30 lakhs per day would have been made to pay equal tax.  So think on.....

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

@newS_Know  Its nice to see some people here who really know how to behave on a forum.

I will appreciate your Senior so called Taj if he could even show me one judgement in which a foreign national got extradited under matrimonial law or even a NRI who got extradited or deported under matrimonial law.Iam sure he will google it for the next few years to find one :)

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@Querist,

Ok... Be happy...

I made my effort to make you understand from both the social point of view and legal point of view about your concerned question.

It's upon you to accept or reject it.

[Last reply to this thread]

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

@Bro newS_Know

"Then supereme Court termed it as 'Legal Terrorism" and directed the subordinate courts to take such matters with wisdom and not only by facts presented in the case. Law commission also recommended to shun the misused law. Therefore,you cannot say that such law is absurd or Law makers are just blind."

Ofcourse the law is absurd and law makers are just blind when they cant make a foolproof law?
Dont you think so?

1. why in the first place such gender-biased laws are made? what sanctity it holds when it can be misused merely on a complaint.

2. Why dowry givers are not prosecuted? if the whole idea is curb dowry? then why?

3. If SC and LC acknowledged such misuse then why are the innocent families still struggling?

4. Who will componsate the real victims of 498a? Govt/MPs/SC/LC/Police? who? A person looses 4-5yrs of peace, his valuable time, his job, his age/youth, his family relations suffer, respect in the society, criminal cases on him stop him to advance in his career, financial loss for engaging advocates, for dealing police, making rounds and rounds to various courts? tell me who should compensate him for the loss? HUGE LOSS!!!

5. Why shld the age old parents be treated like criminals? where is the review system? why is it not functional?

6. Do we have infrastructure to treat these cases appropriately? why the courts are running so slow? why the police are so corrupted? why cant the crourts close on a case in 6months?

7. Who is the untimate bineficiary? If the culprit is a lady then guy is getting harassed by the legal system!! and if the culprit is a man then the gal is unable to convict him even after years of fight. what is it? ultimately its the advocates who are enjoying the massacre, their hand is on raise!! Do you agree?

8. What is the guy getting at the end of it? a divorcee tag right? that you anyway get it even if the parties are CIVILised? Do you acknowledge the mental trauma that the guys family goes through in this whole process?

9-100. etc..

I can write endlessly because you have triggered a wrong debate or Do you have an answer for the abuse of the law? It frustrates me because thats the space of a "deprived woman" and that woman can be my wife/sister/mother/daughter anybody for the matter. But taking defence of this by these ugly, lazy B's is totally unacceptable.

what is system in india, its a big joke really. You wake up oneday and you realise SCs are deprived of their rights. Ok on the top of your head you get an IDEA, reservation for everything and appreciation for being one. The system gets abused day-in day-out, you dont care, you turn a blind eye because you dont have real medicine for a problem. all you know is appeasement.

Being a Hindu upper caste guy is a sin in this country and on top of it these laws and criminal sections are bonusses. Why shld we suffer? It justs needs one rational thought but none gets it.

Ok leave it. what am I doing here. why are we(you, me and others) here in the first place. I have nothing to do with advocacy, law...I am into software industry thats my bread and butter...but an irrational unsound mind's simple compaint took 1yr of my time and made my family suffer like hell in this whole year. Forget about dowry, I never cared about money and my wife is totally into it. She is a psychologically weak person and I would have got her treated but she chose to remain an a'ole.

Cheers and thumbs down for your earlier post.

MR.
1.1st of all  i dont understand uv posted on forum for
a. query or problem ???
b. or to boast about how lucky you are as you are safe from the scape goat process of marraige?????
c. about your smartness being a foreign citizen and how safe your new country is????????
d. showing how lucky you are till date??????

     so let me remind u MR. SWISS GUY,

FORUM HERE IS FOR QUERY AND SOLUTIONS, NOT FOR PERSONAL GRUDGES AGAINST MEMBERS.....
JUST CHILL MAN , if u find yourself lucky then others, donot boast as you might fall in some other trap........
log on for queries and not for arguments,
for arguments ur invited whole heartedly in indian courts......hahahahah.......!!!!!!                                                                                              

Dear member please read my first post as i only asked few simple doubts if laws like 498a,Pwdva,406,415 applicable on me when i am not living with the woman for more than 4years and if i will get problems when i visit India.

Instead of giving answers to my question some members here have problems with my Swiss citizenship and some have problems as i am enjoying here and not running around Indian courts and depicted me as a criminal and threatened that Indian law will get me so i have to surrender and i am surprised that some just talk rubbish and even talk about revoking my nationality as they think Swiss laws are similar to Indian laws where matrimonial issues are treated as crime.There are Indias most wanted Sikh terrorists living here whom Indian law could not yet extradit or revoke their foreign passport and talk about revoking passport on matrimonial issues :)

All these laws were made to help those Indian women who are really suffering but some of the lawyers who think they are masters of law are the one who find every loopholes in the law and made women to misuse.As i can see from the comments of one of the members all  the so called rights to file etc charges.I would say such kind of lawyers are responsible for guiding the women and her family to misuse such laws and there should be punishment for lawyers for misusing the law and not to the women.

The most amusing part of your bald story line before us is that 4 years back you married an Indian woman, didnot consummate the very marriage and since then scarred of Indian matrimonial Laws quickly changed your nationality (oops currently thinking of changing your Indian given name too as is evident from your own various posting here till date) and after these 4 years you consulted some Swiss lawyer paying his hourly legal fees (oops now you will tell us he is your friend didnot pay anything towards his legal fees) and being still haunted of your native past Indian guilt now you have come to free Indian legal portal website seeking legal consultation because it is still for free here in India and yet complain to us of our slow legal process sums up as a befitting case for S. 498a r/w 406 IPC J  

A born Indian will always remain Indian no matter how much his skin changes its color overseas though your current Swiss diaper (oops passport) may be of RED color today i.e.

"Skin of Married Men - Legally Tasty"

I am placing one chintu sa D HC judgment here for your time pass and in it just note below three reminders then read rest as to how far if a Indian wife want can go and then her husband starts his / his family's journey from trial court to sessions court to high court and in next post I will place actual extradition citation again reflecting my original point of view which you overlooked that extradition is not impossible but difficult.

Point 1 here - Marriage of parties took place in 2002

Point 2 here - When wife started criminal journey husband claimed his Canadian nationality that also in 2004 and non applicability of Indian Laws J

Point 3 here - Look at the way Indian law secured a Canadian deshi’s (oops ex Indian nationals) undertaking and now imagine did Canadian Embassy came to cited Canadian's rescue J

Same may be probably your case.......enjoy happy first cut and wait for my last presentation to your thread’s theme.

[PS.: I have showcaused Delhi's case to you because two - three times in your various postings in LCI you erred about Tis Hazari Court and I am drawing a relationship pattern to your love for Delhi and decisions of D HC will be obviously referred if any case comes your way. If you want I can place here SC speak similar to your facts on nationality vis-à-vis  extradition - RCN / LOC and how an Indian later turned foreign nationality along with his family travels his journey from trial court to sessions court to high court to SC...... now make a Swiss whistle if you want that citation too for happy reading]

It is the height of irony that a self proclaimed lawyer who is hiding behind a pseudonym on this website for the last three years is making fun of a foreigner's desire to change his Indian name, and is issuing threats about the might of the law. The funny thing is that this foreigner has no desire to change his Indian name.