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(Guest)

A mockery of justice by indian judiciary

A woman has been allowed to challenge a family court order granting her husband divorce on the grounds that she lived an adulterous life by the Bombay High Court which condoned the delay in filing the appeal saying that such a premise could be a "stigma" for life.[Full story at the given link]


https://indianexpress.com/news/high-court-allows-woman-to-challenge-divorce-on-grounds-of-adultery/1100982

 

Some Quotation and An appeal


"Law is a means to an end and justice is that end.But in actuality Law and Justice are distant neighbors;sometimes strangely hostile.If Law shoots down justice,the people shoot down the law and lawlessness paralyses development,disrupts order and retards progress."

                                                                                                              Ref-H.C. of judicature at Bombay vs. S.R.Patil (1997)scc 339


The above observation of supereme court seems to be true and day by day the deteriorating feminist view of courts is bound to lead the people to shoot down the law,revolting against such a biased order and decision. Your views must accumulate and must be made the voice of nation just to shout so loudly that even the deaf ears of the parliamentarians couldn't be able to resist.


Thank you.



Learning

 5 Replies

Tajobsindia (Senior Partner )     14 April 2013

Indeed it is mockery of women empowerment and not Justice delivery and I am glad that now Judiciary wants all Indian women to still live in 18th. Century;

1.    The lady had an advocate all along.

2.    For duration of the trial she participated she appeared with her advocate.

3.    She crossed all witnesses along with her advocate.

4.    Adultery proof is very difficult to prove yet her husband ‘proved’ it.

5.    A Decree was granted accordingly.

6.    After 3 years of a Decree in her marriage on grounds of ‘adultery’ she says ‘her advocate did not tell her’ that a decree was announced 3 years back against her!

7.    Post Decree for next 3 years where was that ‘stigma’ that it surfaced now?

8.    Meanwhile ex-husband got married and has child out of his re-marriage.

9.    This is what is called as abuse of sari, sindoor and glycerin forever.

10. Such delay condonation even on social facts should not have been allowed, it passes wrong signal to genders.

11. Apex Court says 90 days is Appeal period and after Decree in divorce proceedings one should wait. Lot of people who were divorced based on proving grounds wait for all Appeal period to be over then get re-married and it is seen it also takes roughly that much time to find a partner for marriage. BUT with this Judgment it gives only one gender i.e. FEMALE that much ABSOLUTE POWER that you file condonation delay after (say) 5 or 10 years and re-open the case disregard to ld. Judge of trail Court who decreed earlier the very marriage.

12. This re-opening of Case means a spouse whose favor Decree is made should approach Apex Court first to seek permission for re-marriage instead of waiting for 90 days because with re-opening of cases like this news item 90 days Appeal period has become redundant? 



NOW THAT SIGNAL is strong and loud; a adult man is sitting duck forever even if he proves XYZ Section under any of the Family Laws of the land and God forbid THAT man takes wrong steps hearing such malice judiciary has against men then only policy makers will wake-up.



Stigma;
A till Z for dummies as per Feudal biases ditto followed by even Indian Courts defined for all to take now note of;

A.   A divorced woman’s re-marriage if not happening is ‘stigma’.

B.   A single woman getting no marriage partner is also ‘stigma’.

C.    A woman whose husband proves grounds for divorce under any of the Section from 9 – 13 HMA is ‘stigma’.

D.   A woman whose husband proved adultery as ground for divorce is obviously ‘stigma’

E.    A woman who is divorcee is ‘stigma’.

F.    A woman who is issueless divorce is ‘stigma’.

G.   A woman who is innocent divorcee is ‘stigma.

H.   A divorced woman who has child and not getting partner for her re-marriage is ‘stigma’.

I.    A single woman who does not marry and remain spinster is also ‘stigma’.

J.    A earlier married woman who is now widow is also ‘stigma’.

K.   A earlier married woman who is now widow and whose major children leave her is ‘stigma’.

L.    A married woman whose husband leaves her even with her consent is ‘stigma’.

M.   A married woman who leaves matrimonial home and idles at natal home is ‘stigma’.

N.   A married woman who donot bear child out of wedlock for whatever reasons is ‘stigma’.

O.   A woman who is not educated enough is also ‘stigma’.

P.   A woman who works for earning is also ‘stigma’.

Q.   A woman whose husband is NRI is ‘stigma’.

R.   A woman whose husband could not get her H1 Visa in-time is ‘stigma’.

S.    A woman whose FIL is politician / rich person / / above natal home status / industrialist is ‘stigma’.

T.    A woman whose husband has just 1 BHK is ‘stigma’.

U.   A woman whose husband works in another State is ‘stigma’.

V.   A woman whose husband work for a family living lower than hers is ‘stigma’.

W.  A woman whose In-Laws live in village is ‘stigma’.

X.   A woman whose maternal home does not have toilet is ‘stigma’.

Y.   A woman whose husband does not have car is ‘stigma’.

Z.    A woman whose husband does not come across compromise (lap-dog) on very first-nite is ‘stigma’.

Z 1.1 A woman who has at matrimonial home a/any un-married Sister-in-Law is  'stigma'

Z 1.2 A woman who after marriage comes to know that she is entering a HUF then it is 'stigma'.

Z 1.3 A woman of whose In-Laws the matrimonial home is Registered even much before her marriage is 'stigma'.

Z 1.4 A re-married woman children bearing ex-husband's surname is also 'stigma'.

Z 1.5 A MCDyed woman is ‘stigma’.

Z 1.6 MCD Law says minimum 6 months ~ maximum 18 months to which ‘stigma’ says a lady can jolly well come back to Court after 2-1/2 years to give her Consent!


Flip all above (for keeping reply balanced):- 


What is not stigma!

A 1 – A woman who had b/f and marries someone else and then re-joins her b/f is ‘not stigma’.


A 2 –
A minor girl charges her own father for ‘rape’ and father goes for full RI term in prison and then when she becomes major files affidavit before SC saying she was under pressure from her own mother to speak false against her own father is ‘not stigma’.


A 3 –
A Ladyship mentions her two daughters under liabilities column is ‘not stigma’.

A 4 – A married woman along with her adult un-married daughter chops 16 pieces of her husband to grab 5 Cr. worth property of his is ‘not stigma’.


A 5 –
A married woman collides with her former b/f and kills her husband is ‘not stigma’.


A 6 –
A married women undergoes MTP without consent of her husband is ‘not stigma’.


A 7 –
A woman marries more than dozen times picking husbands from various States including NRI’s is ‘not stigma’.


A 8-
A divorced woman after all due diligence agrees for MCD and gets Decree out of it yet carries forward grudge of ‘not returned stridhan’ is ‘not stigma’.


A 9 –
A married Hindu woman runs away and changes religion and marries Muslim b/f is ‘not stigma’.

 

A 10 A woman now getting compensation after opening such decided cases is “not stigma’.


PS.:-
LCI says try to add value with your each post so there you go;

Remedy:-
When family law related case against you and you get opportunity to meet more often your wife in Courts, ensure you take below two and ½ pro-active steps;

1 – From day 1 of Court case not only aspire to take Hanuman’s leap of and on proving how good husband you were to her but hire on contract one Mr. Kartik (Mr. Cupid) and give him only one brief; be romantic to your soon to be ex-wife with promise her of marriage and tell him to marry her but ensure she does not come back to you……..
Reasoning: She has to be re-married just after Decree passed otherwise she will haunt you with any or some of the above ‘stigma’.

2. On last day of Court hearing when Ld. Judge reserves matter for Order (Judgment) pray with folded hands to ld. Judge to announce Order (Judgment) only when both parties physically present and ensure both parties appearance is marked on file on THAT eventful day of Judgment.
Reasoning: The gist of News item ‘stigma’ could have been avoided if above was followed.

½ - Once Decree sheet prepared take Certified copy of the same and RPAD n Speed Post to her Advocate + advertise the same in ditto in two news Paper + paste decree copy on front door of ex + send copy by RPAD n Speed Post to ex + giving reference to what happened in news item approach Apex Court to seek permission for re-marriage. Apex Court will dismiss the same stating what rubbish! Say thank you and pray for cost imposition on you! Take certified copy of cost met and remain single but never get re-married.
Reasoning: All ‘stigma’ keyholes need to be plugged remember it and such acts done in good faith are not ‘defamation’. You are product of private bedrooms which your folks were not as they were product of joint bedrooms so for people like you the biggest contribution you can give to next generation is remaining
Single but not lonely!”

Single? A self-help only concept of choice for today’s generation:-
Reasoning:

“Marriages have to be made expensive”
~ I said these 2 years ago to which many of you laughed.

Relations – joint family system concepts of yesterday are made to die empowerment deaths one by one – right! Today everything that pleases once senses is available – made to available off the shelf – right!. Only thing one needs is decent enough money to please once senses – right!. ½ of you when cases were on your head you got yourself ‘disowned’ from your folks – right. Continue it as once disowned one cannot rescind back! ¼ of you when cases were on your head you ‘gift deed’ - transferred your name properties to females in your family – right!. Once gift deed is complete once cannot rescind back - right! Rest ¼ of you fear of cases being re-opened – right!. Thus solution that emerges is remain
Single but not lonelywhile earning only that much which gives enjoyment to your senses – life remains self sustained, why become easy prey to second innings in gender bias Indian Courts and exceed bandwiddth of LCI – right OR wrong J  

Think about all these as the only available option under the shelf that also for free ~ Mansutra.

7 Like

(Guest)

@The senior,

 

I must apprciate and thumbs up your presentation that contains a humrous and entertaining slander to the woman empowerment approach shown by various feminist organization.It gives a clear view of negligent approach of the such empowerment and in the name of justice injustice is being done on so called stroger s*x.Kudos to your words!

 

Thank you.

cm jain sir (ccc)     15 April 2013

It is a real mockery of our legal system. I was previously thinking that judges are really a wonderful personality who are giving a fair justice to all its citizen equally without any biasness but now I came to reallity. They are just a simple person without any head. I donot find the law books where from these judgements are being delivered. There is no fixed law in this country. Judgements are being delivered based on lipstick and glycerine effects!

Thanks to Ld Tajob sir for opening our eyes!

stanley (Freedom)     15 April 2013

Women was not aware about divorce being granted for adultery .

"But the women was aware of Maintanence being granted "

It happens only in india and we are a country from the rariest of the rare :-) to see such type of episodes appearing and the media is a part and parcel of this episodes when it comes to women their blare their trumpiets and when so many men are dying commiting sucides due to false 498 A they turn a blind eye. 


(Guest)

@The senior,

 

I may not agree with your remedy version(Edited version)of your post in light of the following points.

 

1.'Stigma' is not an issue but rather a manipulated reasoning of the baised decision of the court.The court,in the same way,will devise another such unusual words to further break into your illustrated remedy.

 

2.I am not concerned that the court termed it a 'Stigma'. Rather I am amused that the court considered a plea without any merit. How can 'Coining of some new terms' by the court justify the merit the case may have.

 

3.I used the word 'Injustice' because it's clearly a voilation of other's right(in this case husband) to live peacefully even the court only accepted her plea and not pronounced judgement.

 

4.Perhaps the best remedy today is 'refuse to marry'.This may be a 'Stigma' as explained by you for the lady but let that 'Stigma' be resolved by the court with that single party.

 

Further to hear you.

 

@others

 

Your all views are appreciated especially those views which really add some values.

 

Thank you...


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