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Ammendement to hindu marriage act 1955

Page no : 2

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2012

Dear Querist,

Why do everyone go after women only.They have been the suppressed humans  for ages together.Till the advent of the 20th century,women were only household articles.Only after many women who came openly in te freedom struggle,the rights of women have been charted for their independence.As advocates,we have our own guidelines,laid down, and we have to act according to it.Let us not get over enthusiastic,about the amendement and work for the cause of our client.

threeleafe (awaited)     25 March 2012

Sainath,

 

Your assumptions and facts are not correct  - this law is a clear case of women being preferred over men and you are still behaving like a rattu tota  and saying  "Woman have been supressed from ages"

 

The reality of the current day is women has much more power, much more priviledges than men .. all being justified by misplaced and seldom documented women supression.

 

Current day women are lead my Jayanti Natrajan ... all that matters for her is how many ministeries, how many new posts are created for those who are feminists.

 

We will have to critically think before it become another menance in the society

rajiv_lodha (zz)     25 March 2012

Why not it be EQUAL?

Its absurd that ONLY FEMALES can seek divorce on IRBM grounds!

Males are NOT ENTITLED TO DEFEND this ground

Is being a MALE in this country a CRIME.....................where the fundamental rights have gone..............why he is being denied equal rights?

shivaji (Student)     26 March 2012

My name is Shivaji ~

I am from Hyderabd

We got married in 2008

My wife filed False 498A Case in 2011 against me and withdrawn the case by giving explanation to the women police station stating the case was false. Eventually political leaders and CI from police station harrased my family and to pay 30 lakhs, My father in law family extracted huge amount 30 lakhs from me towards alimony and put that money in the bank in Fixed Deposit on my wife's name. The moment they got money on her daughter name they filed a explanation letter to the police station and court saying that the 498 A case filed was FALSE.I do not have any other alternative to say YES to the proceeding which were happening outside the court. I am single and i do not have enough political power to stand bravely. on the other hand I do not want to make this issue worst staying back in india as I have a active US VISA - I am the only bread maker for my family. So i agreed blindly to all the demands of my wife family.

The moment my Father in Law family received money on my wife's name - they asked me to give mutual divorce. We filed mutual divorce in 2011 april and I did not attend the any of the court hearing since I am living in United States.But My wife had been to first hearing and ignored the rest of the 2 since i am not coming to the court.

I recently came to india in Feb 2012 rising the following memo the Civil Court Judge. May it please your honour.

It is submitted that I am the petitioner1 here in the main o.p and filed an advanced petition along with the petitoner 2 for mutual divorce under section 13-B of hindu marriage act which was posted on Feb 2012.

it is submitted that under tremendous pressure from political persons upon me and threats from the parents of the petitioner2 herein upon me. i am forced to sign on the Advance petition and aswell as in the Main OP.

It is respectfully submitted that I am not giving consent to the said mutual consent divorce. the petition is filed against my will.

It is further submitted that to extract huge amounts from me, the parents of the petitioner2 herein with the influence of rowdies and political persons are detaining me illegally and obtaining signatures on blank papers and trying to extract huge amounts.

I submit that the original F.D.R for 30 lakhs drawn on ICICI bank on April 2011 which was filed by me as list of documents along with the main OP should be handed over to me only. As I lost faith on my counse. I request to hand over it to me only.

-----------------------------------

Judge accepted this memo and taken on file after submitting it in person in the court.

NOW MY QUESTION IS ?

Will the new ammendement to Hindu Marriage Act related to my case ?

My wife is asking for Divorce and I am against IT.

She filed a false 498A Case for because of that I lost almost a Year career and stood in India doing nothing.

How can i fight this case to get my money back ?

I have next hearing in the month of June 2012 - What should I do ? I would really appreciate the professional response and will be more than happy to hire an advocate.

Thank You

Shivaji,

 

 

 

 

tanmoy (.....)     26 March 2012

Being a Man, we are like slave. We have got gift of 498a,DV etc. But still I can not get any gift like Divorce because of baised law...  Being a man, is it a crime in india ? At divorce can not be opposed if 498a has been filed. Because already family is broken, since parents were jail... still we can not stay happy life, because no dirvorce...

We will fight for 8 years then might get divorce, but no one will marry that time... so is govt  controlling population using these law or what ?

Lets govt make equal law for both ?

Manav Kalia (Arguing my own cases..)     26 March 2012

Once woman has filed any maintenance case then she can't claim financial hardship to oppose the divorce cause her financial hardship would already be addressed in maintenance case. Hence in welcome this law in theory. But for these amendments to become law there is a long way to go, so everyone is jumping the gun here!

bhima balla (none)     26 March 2012

Ultimately this law may not make much difference. The circus will continue.

1 Like

Manav Kalia (Arguing my own cases..)     26 March 2012

I totally agree @ bhima

SAINATH DEVALLA (LEGAL CONSULTANT)     26 March 2012

What i mean to say is the amendment may not make much difference.But the process has been simplified,giving advantage to Women,for early settlement and monetary benefit.Let us wait and see what is in store.

See the latest judgement of Delhi High Court on conjugal rights.

Denying s*x to spouse on first night ground for marriage annulment: Delhi high court

NEW DELHI: Wilful denial of s*x, including that on the first night after wedding, by either of the spouse amounts to cruelty and can be a ground for dissolution of the marriage, the Delhi high court has ruled.

Justice Kailash Gambhir gave the verdict, upholding the lower court's decree of divorce to a man having a "s*x-starved marriage" as his wife refused to have s*xual intercourse with him on the wedding night and making him long for it for the subsequent five months, left her matrimonial home

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 March 2012

Mr.Sainath,

Are u realy man or women ?

If you are man then u must be getting benefited by this law of extortion, that is why u r blindly supporting this despite knowing the fact that it is no equally applicable to both the genders.

Reaction should always be rational.What is the rational behind your blind support ot hese laws.

God bless u

kumar101 (clerk)     26 March 2012

@bhaskar this law is going to totally kill the indian family system, just because Sushil Kumar Shinde's daughter didn't get divorce from her estranged husband.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 March 2012

Mr Bhaskar,

You say you work for social justice,and you use very indecent words in your expression.As a lawyer I see both sides of the coin.As a professional I represent  both the petitioners and respondents.Hence I am neither for the amendement nor I am against it.

Priya Sachdev (Auditor)     27 March 2012

Hello Mr. Devalla & every1 else

I hv a que. I had my first motion of divorce in Nov 2011 with mutual consent. i did not ask for any kind of alimony or maintenance, i had just asked for divorce from my husband. and now i m waiting for the 6 months period to get completed before i can file the application for 2 nd motion.  my que is will this amendment is of any help to me, as there are still 2 months to go for those 6 months to get completed. will this amendment help me in any case. if yes, what should i do? i dont want anything, i just want divorce. i have not asked for anything from my husband.

please please reply as soon as u can.

thanks

SAINATH DEVALLA (LEGAL CONSULTANT)     27 March 2012

Priyaji,

This is still a bill has to be passed by both the houses of the parliament,and then it will be sent to the president for approval.It will take time.

Priya Sachdev (Auditor)     27 March 2012

ohh so its not of any help to me..

anyways, thanks a lot Mr. Devalla


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