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Mentally Depressed (will tell you later)     24 March 2012

Whether new proposed marraiage law another whip to husbands?

The recent propsed law in which women can plead for irrevertable breakdown of marraiage while men has no rights iN case if men plead for irreveratble breakdown of marraiage the women has the right to contest

In case of shrea of property, the women has the right on the share of property of husband but husband cannot claim over the wife's share

It shows the biasim and inequality move made by Govt? whether for vote based politics?? But any way if passed it will be another whim for the husbands who have been harssed by their wifes under DV/498-A of the Act??



Learning

 96 Replies

**Victim** (job)     24 March 2012

Well the only option left for husband is to make wife agree on such conditions and she will do it only when she remarries. This is complete biasness leaning towards one gender. As a result more husband will be deserting their wifes leaving no option for them

Manav Kalia (Arguing my own cases..)     24 March 2012

Pls read the impact of the amendment carefully. It is a very good amendment both for husband and wife. Wife can't just say no to divorce, she can only oppose on ground of financial hardship, and such she will have to prove in court. Also now the husband has a choice if he doesn't want to stay with wife, he has a choice to file divorce without proving anything in court. The onus will be on wife from now. This is a very good amendment for even husband, especially being retrospective in nature, in ninety percent of matrimonial disputes in courts today, the husband will get an added weapon.. Plus in terms of property, the wife does not get an automatic share, and actually will get none if she has property of her own, the share of property is on the merits of the case..

**Victim** (job)     24 March 2012

I have already answered your query in other thread. I am sorry you are looking at your own prespective and i respect your thinking on this but the way i look at it .........it doesn't benefit us rather made things harder and harder.

Manav Kalia (Arguing my own cases..)     24 March 2012

@ victim, I am not looking at this from my own perspective at all, as the amendments don't affect me at all. I have very special and peculiar circumstances and you can read my profile for them. I am looking at this from the perspective of others, and I have replied in detail to your arguments in the other thread..

(Guest)

Hey Mirage

My case is under Mutual Consent divorce at this stage, 1st motion already done and waiting for 6 months for the 2nd motion.

Will this law will have any impact on me since my Wife is more qualified than me and is financially independent., Though I am paying for my child as a part of Mutual settlement.

Please give ur views.

Manav Kalia (Arguing my own cases..)     24 March 2012

No impact on you rahul. Unless you're wife withdraws the mcd on the second motion. Keep your fingers crossed till the second and final motion is passed..

(Guest)

But my wife has already taken 50% of the setttlement amount in first motion and has already withdrawan all her cases after 1st motion.

 

Can she withdraw now after taking 50% money? What options do i have then

Manav Kalia (Arguing my own cases..)     24 March 2012

She can withdraw mcd anytime before the second final motion if passed. That is why it is advisable to not give more than ten percent at time of first motion. If she withdraws then you are basically screwed. But it would also depend on how your mcd is drafted and your case details..

(Guest)

But since she has withdrawan all the cases after 1st motion, and if she still takes her consent back before 2nd motion, Can I file cases for recovery of the amount already paid like Breach of trust, IPC 420 fraud case & Perjury.

She has already signed the Affidavit in court that she has received 50% of the settlement amount and she will withdraw all the cases after receiveing the amount.

Manav Kalia (Arguing my own cases..)     24 March 2012

Then sixty percent chance she should give the divorce at the second motion, if she doesn't then you can file all the cases mentioned above by you.. But then those cases will be fought on merits.. If you are in touch with her then just keep her happy till the second motion..

Manav Kalia (Arguing my own cases..)     24 March 2012

Just keep your fingers crossed and all the best.. Since I don't know your case details I can't comment fairly ..

Nandha (NIL)     24 March 2012

@rahul,

I think the consent of both the parents for child's passport may not be required. Under certain circumstances, the passport office can issue passport to the child without the consent of the other parent. there is a clause in which it says: "In the case of single parents or of parents who are separated but not formally divorced, an affidavit at ‘Annexure C is to be submitted."

Just submitting an affidavit, your wife can obtain passport or renew passport of your child. Correct me, if I am wrong. 

Thanks,

Nanda

Mentally Depressed (will tell you later)     24 March 2012

@ MS..I don't have the right to pacify your comments as you apperd to more sufferer than me..(as I am unmarried)..But reading such biased law and atrocities on man depressed me a lot

But I would like to say that All women are not like that..( May be I am wrong in todays perspective)..such true ladies are diifult to trace

sanjeev001 (executive)     24 March 2012

@mirage.

hi friend, i just happened to read your posting on this forum, i did not understand how came to the conclusion that  the new law would benefit the husband, and the wife cannot merely say no to a divorce petition filed by the husband. from what my understanding is, it is more difficult for the husband to file for an 'irrretrival breakdown of marriage' , he cannot oppose a petition filed by his wife, but his wife can oppose tooth and nail.

this is an extremely baised law, even in terms of property sharing, wonder how these people pass such blatantly baised laws, (india being a country of equal rights..............a blatant lie by these.these damn politicians.......

 

@ shonee kapoor.............dear sir, kindly shed some light on this new amendment proposed by the Govtt. is this really beneficial as mirage has pointed out??

Thanks and regards


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