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Nyaayapriya (Advocate for justice)     06 November 2010

Anamolies in award of maintenance, require reversal

Respected Learned Advocates/human beings,

Salutations to all of you.

 

I have a burning question. Please do not mistake me for putting forth this HARD FACT which has been causing lot of injustice to the MALES/HUSBANDS in our country.

 

An unsuccessful and annoying wife (who has been cruel, incompatible, deserted the husband for ever) has ALSO BEEN MADE TO ENJOY all the benefits as a matter of right in our Country. According to the prevailing laws a divorced wife, who has been proved guitly,  can also literally hold her divorced husband by his tuft.

           

THE MOST UNPREDICTABLE FAMILY COURT JUDGES HAVE ALSO BEEN CRUEL TO THE HUSBANDS. YOU PLEASE GO THROUGH THE RECENT JUDGMENTS. ALL OF THEM ARE UNDUELY IN FAVOUR OF WIVES. FACTS AND CIRCUMSTANCES ARE TOTALLY OVERLOOKED. NEITHER THE HUSBANDS ARE  ALLOWED IN THE COURT OF LAW TO PRESENT THEIR VIEWS IN FULL NOR THEIR OBJECTIONS AND CLAIMS ARE CONSIDERED ON THEIR MERITS.

It is ridiculous to find that these judges are awarding decrees which are not at all sought for. Most of the judgments are self contradicting and confusing.

False criminal cases, Dowry cases, misrepresentations, frauds played by the wives are having a soft corner not only with the Rule of Law but also with the Judges 

THE ONLY REMEDY FOR ALL THIS IS THAT THESE JUDGES AND POLITICIANS (INCLUDING THE LAW MAKERS, MINISTERS AND PERSONS AT THE HELM OF AFFAIRS) SHOULD BE MADE TO SUFFER ALL THE ABOVE CRUELTIES. THEIR WIVES AND DAUGHTERS IN LAW SHOULD EXPLODE AGAINST THEM AND FILE CASES AGAINST THEM ON THE ABOVE GROUNDS. THE WIVES AND FEMALE RELATIVES OF THOSE JUDGES, POLITICIANS AND OTHERS SHOULD GO THROUGH ALL THOSE ORDEALS NOW FACED BY OTHERS. ONLY THEN THEIR EYES WILL OPEN AND SOLUTIONS COME THROUGH IMMEDIATELY.

 

The matrimonial laws that are prevailing in India are age old. Now the whole set up has changed. Now the women are a changed lot. Recklessness, lack of sentiments, emotions and feelings, ego and false pride, disrespect and degradation of values of life and human bondage, contempt of tradition and culture among others seem to be the underlining traits of the present day women.   Only a small percentage of women has remained unchanged. The so called women welfare associations are fighting for equal status (they have already got it, you can see bus female conductors, female police officers, female military personnel, female CMs, Governors, Presidents, Directors, scientists, even the astronauts---the list is endless) on  par with the male. They are demanding 33% reservation. That is right. Good signs of progress---but the progress is at the cost of humane sentiments, emotions and feelings. Most of the women (95%) do not care for their husbands, matrimonial life and domestic chores. The plight of more than 90% of the husbands and their parents and other relatives has been at stake.

 

As Nyaayapriya (one who loves justice), I agree that wife should be given all the comforts. It is OK when she is in real sense SAHA DHARMINI, ARDHAANGI, BHAARYA etc. But when she is quite opposite to this how should she be allowed to claim all the comforts/benefits from her estranged husband (with no fault of his) as a matter of right?

A wife who is in litigation against her husband first of all invariably refers to the status, his income, property, wealth et al in her petitions. In almost all the cases, the wives aim at huge moneys as maintenance. Their baseless, false and motivated claims are honored by the honorable Judges. Blindly they have been awarding huge amounts of moneys as maintenance just because the Husband has been earning by toiling hard for himself with no support whatsoever from the wife. They (wives and judges)  squeeze the hen to the end which has been laying golden eggs.

QUIITE OFTEN THE LITIGANT WIVES MAKE THE CLAIM FOR HUGE AMOUNTS OF MONEY WITH REFERENCE TO THE STATUS OF THEIR HUSBANDS AND RICH EARNINGS. BUT THE MOST CRUEL PART OF IT IS THAT THE JUDGES CONVENIENTLY AND CRUELLY DO NOT CONSIDER THE FACT AS TO HOW THAT WIFE HAS CONTRIBUTED AND COOPERATED WITH THE HUSBAND IN ACHEIVING AND MAINTAINING HIS STATUS AND EARNINGS. In addition to bearing the  sufferings created by the troublesome wife, the husband is coerced to part with huge amounts of money as maintenance to a devastating wife. 

AND AFTER THE DESERTION AND DIVORCE HOW AND FOR WHAT USE CAN A WIFE BE CONCERNED ABOUT HER HUSBAND’S WELL BEING, STATUS ETC? Neither the society will recognize and respect such wives.

IT MUST BE NOTED THAT THE ROLE OF THE LITIGATING/DIVORCED WIVES IN THEIR HUSBANDS’ EARNINGS IS TOTALLY NOTHING. IN FACT IT IS NEGATIVE. THEY ARE NOT READY TO SUFFER THE LOSSES BUT RUSH FORWARD TO ENJOY THE PROFITS. THEY DO NOT BEAR WITH THEIR HUSBANDS BUT WANT TO HAVE A SOLID SHARE IN HIS PROFITS.

IN THE LARGER INTEREST OF THE HUSBANDS, SUCH GLARINGLY LOPSIDED LAWS NEED IMMEDIATE REVIEW AND REVERSAL IN THE CURRENT STATE OF AFFAIRS, THESE ANOMOLIES  SHOULD BE SET RIGHT.

I AGREE THAT THE WIFE AND THE CHILD (IF APPLICABLE), SHOULD NOT BE MADE TO SUFFER AND STARVE. LAWS SHOULD IMMEDIATELY BE AMENDED TO SEE THAT ONLY A MINIMUM OF SUSTENANCE IS PROVIDED FROM THE HUSBAND’S SIDE FOR SUCH GUILTY, ANNOYING AND DESTROYERS OF MATRIMONIAL LIFE WIVES. THE ERRING WIVES SHOULD BE CUT OFF WITH ALL OTHER RIGHTS, PRIVILEGES AND CLAIMS SO AS TO ALLOW THEIR HUSBAND TO HAVE A SIGH OF RELIEF.

Please support my views, if I am right,  so that harassed and affected husbands could get some relief. Please join hands and lend your voice in the cause of inconvenienced and victimized husbands.



Learning

 38 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 November 2010

fight and you will win.

Nyaayapriya (Advocate for justice)     06 November 2010

Thank you, Please gather support. Let us fight out at theall India level


(Guest)

It is not the legal system but the environment of society which is responsible for all these anamalolies. Dowry demand by husband and his family members on the pretext of social status and assurance of gaurantee to ensure similar status to brides in the family and in the society too is a major factor for giving favour to married woman , though there may be some exceptions but law always aim to remedy general grievances it is evidence produced in a particular case by the husband that too be considered by Judges in deciding the dispute,If husband succeeded in producing cogent and reliable evidence in support of his allegations the courts will certainly decide the case in his favour.Though some amendements are required in Enacted  laws but it is a very slow process.It is not true that matrimonial laws prevailing in India are age old laws these laws incorporated all recent developments of Human social behavior.

3 Like

Nyaayapriya (Advocate for justice)     06 November 2010

Thank you sir.

But you are true to your status as a Judge.

Respected Sir, The things have dreadfully changed now. Utter misuse of the law by the wives and misinterpretation of them on the other side has been the underlying truth. The prevailing laws need immediate reformation and change. Thanks once again.

Happy Diwali sir.

hedevil hydraheaded (non professional )     06 November 2010

I do not think Retired honorable Judges do not keep track of the things around them. They must be updated and advising and their long years of experience stand them in good stead. 

The one who is denouncing judges and judiciary, suddenly I see a change of tone in him...

That's good improvement in lover of Justice. 

hedevil hydraheaded (non professional )     06 November 2010

And all the best for your national level movement...do you think aggrieved women Hath per Haath Dhare Baithi Rahengi???

If I see my mother struggling with injustice, my sister weeping bitter tears of disillusion at the lost opportunities, I will stand up ag

1 Like

hedevil hydraheaded (non professional )     06 November 2010

Are doston Kutch likhana chahata tha--par movement ka force Itna Thaa, ki likahne se pahale hee, message Khisak Gaya ...Theek hai...phir Kabhi

manjit kalra (system eng)     06 November 2010

go ahead mr nyaypriya keeping in view just to all.


(Guest)

Dear contributors, Our first task should be to locate the cause of the problem ,whether it lies in the :-

(a)  provisions of matrimonial laws?

(b) attitude of Family Court Judges ? or

(c) in the conduct of ' family members' or society in general , including Judges, Advocates, politicians, other serviceman and laymans etc. surrounding the environment ?

All laws are man made hence open to " Amendments" the need is to identify the ' harsh ' and ' unreasonable ' parts of the provisions of law. If the problem lies elsewhere the ' amendments of law' are of no effect.

1 Like

Bhartiya No. 1 (Nationalist)     06 November 2010

"If the problem lies elsewhere the ' amendments of law' are of no effect."

 

This is the fact to large extent, needs urgent attention. and I agree with the above.

Bhartiya No. 1 (Nationalist)     06 November 2010

“Utter misuse of the law by the wives and misinterpretation of them on the other side has been the underlying truth. The prevailing laws need immediate reformation and change.”

Mr. Advocate Nayayapriya,

In the above statement u r totally wrong, and is a sweeping statement. Are they solely responsible?

What about the others like most of the husbands, govt. officials, general pple, Politicians etc are these sections using the law or law abiding.

What about u, can u say that u have never misused any provision of the law?

Is immediate reformation and change of law will be as per u?

Nyaayapriya (Advocate for justice)     07 November 2010

Respected Ashutoshji,

I really pity you. You seem to have lesser interaction with the present day society.

You please visit  at least once the family courts around you. You will see entirely a different world.

You can see wives ordering the lawyers to entangle their husbands in different cases.

You seem to have very little knowledge of family affairs. There is a saying. After the marriage the Naari's kith and kin will be in and the kith and kin of Hori (male) will be out. These wives (of course not all but now a days at least more than 90%of them) play all tricks just to amass money. Even while litigating their sights are always fixed on the wealth, property, income of the husband.

You will realise that my statements are hard facts and just the truth.

You have talked about the husbands, govt. officials etc. But do you know the truth. They can not hide their income nor do they are dare enough to take law into their action. But the wives misuse this to the maximum extent.

Ignorant misuse of the law and for a good cause is sometimes  welcome. It is subject to correction. But the present day wives are arrogant, greedy, insensitive and what all not? They are ready to do anything. You can several cases in this regard being reported in news papers.

Please just go around the family courts. Have an interaction with the litigating parties. You will see the real world.

 

 

Avnish Kaur (Consultant)     07 November 2010

mr nyaypriya why not start an all india campaingn to ban / eradicate marriages from future society . LOL

1 Like

Avnish Kaur (Consultant)     07 November 2010

AGREE , in family courts situation is like what u said. but 10% females feel extreme hardship. there 90% fake have made lives of real 10% cases difficult and their cases take extremely long for trial. if these 10% get instant relief problems of women victimisation will be finshed.

problem is how to stop fake cases from being filed ?


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