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marriage civil contract

Page no : 2

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     20 April 2010

I strongly object Mr.Avnish Kumar.

You cannot ask another member to shut up. This is a forum for healthy discussion. You can register your opinion. But you cannot critisise the legal fraternity.

No one here is suppoting any biased or false cases of 498-a.

Mr Ansari has said to approach a matter without influence of persaonal experaince in an unbiased manner. We all have mother, sisters and daughters. Simply because some penal provisions are mis-used by some miscreants, neither can the instituion of marraige be dumped nor all the woman be blamed.   

Inspite of 498A, according national crime information bureau, India reported 32,481 murders, 19,348 rapes, 7,618 dowry deaths and 36,617 molestation cases in 2006

Please see attachment of crimes against women in india in 2007. These are only reported crimes. Lakhs of cases go unreported.


Attached File : 14 14 national crime record bureau table 5 2.pdf downloaded: 119 times

Vikas Dharmendra (Consultant)     20 April 2010

this is why judges and advocates are biased from statistics. No one thinks about the crime with men, if man commit suicide then he is coward. Problem because of relation are faced by both not by only women. If this will continue then I do not know the future of our graet country.

filing 498A on innocent person and family  is onlya great trauma for them. innocent man is wasteing his time in unnecessary court trials,, how he will contribute for the development for the nation??????

if law is having a provision to make criminla everybody whoever ..old man , women, everybody....????

is this justice???  ,, if making man is justice then kill all the man...

Advocates shouls have unbiased mind,,, they should not think about business out of law.

There si statics for man suicide also, but No attention??? Why???????????.... is man a waste animal...????

 

See attached document..


Attached File : 26 26 sunday indian special report english.pdf downloaded: 132 times

Arup (UNEMPLOYED)     20 April 2010

mr swatir you are correct. if no ceremony, no maarriage, no 498a. as because wife can sue...

but in case of dv , it is applicable.


(Guest)

arup ji thanks for responding to my query . i m a female and i also used to think its a male dominated society , come to delhi n chandigarh i see in court most of these cases are false , toatally false. i have a personal experience of same.

i wanted to write a contract for one of my client who had a similar bad experience in a previous marriage, but legal fraternity here does not think it fit to advise as this will take away from them a large chunk of cases filed for the sake of filing.

arup ji can u suggest some clauses to be added  in a live in/ contract of marriage to be registered as a civil contract so that effect of these laws can be mininmised if not totally excluded. i kno dv applies to any livin relation, wat are clauses to be added to avoid the effect of these laws (which are required in semiurban or rural areas) .


(Guest)

a marriage contract is the need of hour looking into bad experiences of many clients

Vikas Dharmendra (Consultant)     21 April 2010

Hi Avnish,

You arte right, Actuall the purpose of divine relation marriae was love. in my point of view marraige is the relation which comes out of love.

If you are planing to draft such contrct then I will alos be like to help you and I will also be need that copy. I think a standrad draft should be made by legal department of india to avoid the criminal cases comes out from any kind of relation, So it will help mass in society. and in this contratct everything should be openly declared and accepted by the parties in front of megistrate.   It should be declared for that in case of failue of relation only the person in contract will be responsible and they will not appraoch to any court and anyother place.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     22 April 2010

Dear All

You are misunderstanding me. I am neither supporting woman nor man. I am just placing here the reason of false dowry cases. you must see both side of the coin. there is famous maxim give respect and take respect. if you love your spouse, she will love you.

I would like to suggest you one thing that your temprament is very high as it has bee drawn from your address to me like keep your mouth shut. So first of all change your behaviour and language. Get relex and again peruse what i have posted. Nothing offensive.

Moreover it is a platform of sharing of knowledge not a battlefield of using profane words against each other. if you are not willing to accept my thoughts then it is alright. you have no right to stop any one.

Vikas Dharmendra (Consultant)     22 April 2010

if you love your spouse, she will love you.,,

Who do not want love????,.. everyone want that only.. love and peace..

 but first you have to love,  she is not supposed tolove u first.....,,,,,, If you will not love she will put you in jail for 498A, 324, 504, 506, 3/4 DP ,DV.   for rape , molestation..... and No one listen .....
and you can be anybody( Police officer, lawyers, judges  should not think that law is not applicable for them) ,, until they are lucky....

 

.Problem is not with man or women , it is the stupid law whcin is giving opportunity to cunning women to misuse th law.....

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     23 April 2010

The crux is under HMA, contact marriage is not a valid marriage and cannot be done.

You may be dragged to any case of immoral trafic act and atrocities of women.

Contact marriage is valid only in muslim religion.

So no way out except love each other and ready to face any consequencies or have a good lawyer friend to defend you in any situation.

.....??


(Guest)

kamal ji who is talking of HMA here. Wat will happen if two consenting unmarried opposite s*x individuals livin together as husband and wife and sign a civil contract which defines everything from living together, sharingexpenses getting a  sharing finances and alimony maintenance etc in case of separation , progeny expenses. not goin to marriage register, just getting it registered as a civil contract. how will immoral trafficking act apply ? and how atrocities on women?if contract is unbiased and both are working as well. this is reality of todays metros? kamal ji you being an expert on issue please enlighten us about it

Sushil Kumar Bhatia (Advocate)     23 April 2010

dears,

       As per my view and experience 498A is misused  large number of bogus FIR and cases registered in the garb of this section after lodge bogus FIR/Case if whole family invovled and facing jail and courts refusing bail for days/months we cannot expect the husband and wife will join togather there is permanent cracks creat in the marriage life because of ill advice and misuse of this section .It is a matter of discussion to reform this section or delete the same


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