Hindu marriage amendment act 2010

Consulltant

Is Hindu Marriage Amendment Act, 2010 effective i.e. whether a divorce can be applied now based on irretrievably broken down of marriage 13C.

Regarding "  13D.(1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her", does it mean that this new clause is to be used by women only. If husband is willing to give maintenace, can wife still claim benefit of this clause.

 

 
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zz

IRBM is not incorporated as a ground for divorce yet!

 
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Legal Evangelist - TRIPAKSHA

It is still not the law.

 

 

Regards,

 

Shnee Kapoor

harassed.by.498a@gmail.com


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Advocate

Shonee Kapoor is corrrect. The law law is not yet codifide 

 
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Worker

New powerful fuel for rocket !!


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none

This bill is not yet passed in parliament. Again a set of feminist organizations are involved in drafting this bill. So you can imagine whom it is meant for. This bill is basically meant to favor completely women. There seems to be no respite for men .
The day a man get s married, he is entitled to maintain his wife, children, provide alimony. Face IPC 498A , Domestic Violence Act. He can lose custody of his children. He is a lifetime slave for his wife. This is the reality of marriage in our country.

Still men go and marry women either due to ignorance or their s*xual lust. But it will be late before they realize.
 

 
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Actually to maintain matrimonial relations are co-responsibilities of  Husband and wife.  To save family is important for indian society.  But  in India due to section 498, dowry related cases reducing.  But now  the Husband and inlaws who r not have moral responsibilities, have started new trend . they are doing mental harrassment .  They know very well that in India court matters are not giving justice to women, if women will go to court she will have to  wait for years and years. Court are giving only 2-5 % maintenace to the women . Further  there are some special laws  to get back stridhan and as per Hindu customs stridhan is righ of women however  to get back it from stridhan they have to face lots of difficulties , long court procedure ,police complain etc..  After getting orders for nominal amount husband are not giving maintence. Some advocates are also not taking proper interest etc.

all this happens because maintence, stridhan, devorce  related laws are not proper.  All these laws are creats hardship to women.  sometimes women thinaks that  compare to Husband's misbehaviour laws creates lots of difficulties in there life. So, in most of the cases women have to take the decision of sattlement on nominal amount and women are not getting proper justice.

So, all these matter should be considered by govt and should have to make laws strong for women. i have experienced all this in my own personal life.

  

 
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Advocate

Dear Aparna , One way you may right but throwing the entire blame on advocates is not correct. All theAdvocates are not responsible for every one. If Wife files case that will be advocate behind her and assist her untill justice done. It is duty of the women welfare societies to observe the women laws are misusing or not. If misuses oppose them who misuses the law . The women law empwered in India in rder to use this laws as shields when women really harrassed. But most of the case the laws are utilising as sword to take revange . Even domistic quarrals are also terming as harrassments. Learn the rights as well as duites.

regards

 
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Consulltant

Aparna,

Don't know about your personal experience but your comments are completely anti-men, biased and wrong. Marriage Laws in India are so much women oriented. As you correctly said, maintaining relationship is equal responsibility of both but assumption that its women only face hardship is wrong. I have married a woman who is abusive, irresponsible, cruel and what now. Tell me which clause is in men's favour in various laws. I am scared when she will file a false dowry or domestic violence case. Worst part is if she is not willing for mutual divorce, contested divorce will take ages and my life which is already ruined will be ruined beyond repair. Regarding maintenance, why I should part with considerable part of my income for long time just bcos I was married for a short time. A woman should work to earn his living. Proving facts is difficult task but surely laws are already strong in women's favour, govt need to make some strong provision if women is found misusing dowry or domestic violence laws. Women along with her whole family should be imprisioned incase they are proved wrong the way men's family is imprisioned when case is filed against them.


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none

Aparna,

 I think hard core feminists, only think about women welfare and distruction/harm to man. These feminists should not be consulted for law making procedures. Feminits only think of female gender welfare.
 

1. Why should husband pay for the maintenance of a wife? Is husband an ATM Machine?
2. Why do women want to marry only rich and well qualified men?  So that they can harass him for maintenance later on in life by filing false cases of IPC 498A on innocent husvbands and his innocent parents and innocent sisters.
3.Why do women get educated for? Don't they receive education from their parents, can't they have self respect to earn on their own, instead of going behind husband hard earned money like parasites?
4. All our laws in India are gender biased, they only protect and pamper women and make men suffer.

5. NCRB suicide statistics show that the number of  married men who commit suicide is almost twice that of married women. So it is the men who are facing torture from wives after their marriage.
6.The life expectence of men is lesser than women. Man is an endangered species. But still there is no ministry for men welfare in our country.

 
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