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Anamolies in award of maintenance, require reversal

Page no : 2

Nyaayapriya (Advocate for justice)     07 November 2010

Respected Avnish Kaurji,

I agree with you. But...........As yourself have  FELT correctly, and accepted the fact that because of 90% of the wives 90% of the husbands, their actual life and their relatives and friends are all destroyed.

You are very conscious about women victimisation. That is correct. It should not happen.

But who is worried about (neither the law, judges, politicians nor the media) male victimisation? Actually the husband is the sufferer. I try to convince you that it is more of male victimisation than the other way.

Actually my point is that erring wives should be punished. They should not be encouraged to nullify the beautiful concept of marriage, man-woman relationship etc.

hedevil hydraheaded (non professional )     07 November 2010

Advocates Ji N priya

How many women clients you have? Are you all male client advocate? 

Are you a practicing lawyer? 

How would you know which are these 10 percent women? Even if we believe your 90 percent and 10 percent statistics? 

How would you stop victimisation of those women who never come to the court and suffer silently, but one day when these women also would start finding legal solutions, you will find that by that time you will be a very(  in)famous advocate and will not have a single genuine case of DV coming to you, if at all you are a practicing lawyer. 

Your place would be there in the law making bodies: parliament. So go change the laws....who is stopping you?????

hedevil hydraheaded (non professional )     07 November 2010

You have a ready voters' bank I suppose , so fight for a seat in the Lok Sabha....or even for your state legislature to have a training in the law making processes...

hedevil hydraheaded (non professional )     07 November 2010

Ashutosh ji, 

N priya ki Daya Drishti aap per hai, aap to bade Bhagyashali Nikle....

Yes, go to the family court and talk to both women and men...

And then go to the rural and urban areas, and see how many women are battered emotionally, psychologically, physically and are still unaware of this act, let alone their access to the machinery of justice.  And just look into the nuances of the low conviction rates!  The number tells, but the number hides also. There is this limitation of quantitative  data base. 

Bhartiya No. 1 (Nationalist)     07 November 2010

Mr. Nayayapriya, U r an Advocate so u must b knowing abt natural justice.

Law cannot be as per the wish of anyone. Everywhere misuse is there, so for the sake of misuse, law may not change but it’s implementation can be changed. If u r a victim fight it out.

It seems that u know more truth and have done more survey than anyone.

What abt those who have given birth to these wives i.e. father of these women.

So, it is better to look at u, before charging anyone else.

Avnish Kaur (Consultant)     07 November 2010

hedevil ji is right , nyaypriya ji shud start all india campaign to bring changes in law , so that in case a case filed by a woman is found to be totally baseless beyond reasonable doubt she can be sentenced, although such provisions still exist they are not properly used. actually making 498a non-cognisable , bailable offense will also help . at present dowry and 498a laws have become a full fledged industry as male side tries to save their lives by paying to corrupt police, advocates and few blaksheep in judsiray . so none of these 3 is going to support change in laws. they want their business to florish more so they will advise changes accordingly.

basically family courts shud act like family courts , all cases except for annulment shud be decided without any formal procedure within 6 months.advocates entry to family courts should be banned except in cases pertaining to annulment. lawyers  advise should be allowed only outside court to warring couples .Law on Divorce by mutual consent shud be changed , waiting period should be 3 months and only if both parties withdraw consent at time of second motion only then petition shud be considered withdrawn.

cases where 498a is filed against husband another parallel civil petition for divorce on basis of (cruelty by husband ) shud be started automatically, as no wife shud be allowed to live with such a bad man.

these laws are creating lots of mistrust and in reality causing families to break and millions to suffer.

IF really families are to be happier above changes are necessary, otherwise this industry will florish more and more.

in USA lawyers are wealthiest , if laws are not changed they will squeeze out every family to become wealthiest. 90% are saleable. they even charge percentage comission  on settlement amount  of mutual consent divorce instead of a fixed professional fee for petition. this is condemnable practice and obviously settlement amount will be more if more fake criminal cases are also to be settled along with divorce. so they do not favour changes in these laws. ghoda ghass se yaari karega to khayega kya.
 they want these laws to be made more complex to make it a trillion dollar industry.

Avnish Kaur (Consultant)     07 November 2010

another good thing i forgot to mention is there is a politico-legal nexus in metros which handles Divorce cases to extract maximum money from boys side and their service is free to women. they just charge percentage at time of settlement.

Bhartiya No. 1 (Nationalist)     07 November 2010

Avnishji,

What if  the divorce granted  with a pre-condition that no one will marry again in the remaining life period. Then how many will agree for divorce to each other. Will it serve the purpose.

 

Either marry with every enquiry and with full knowledge and belief, or do not.

Avnish Kaur (Consultant)     07 November 2010

ashutosh ji , in todays life people are less adjusting . its false moving life , girls especially with their new found financial independence are more liberal. in essence u can say both are less adjusting. its not like our parents or grandparents generation who did not know wat divorce is. this is generation with ethics taught by "emotional Atyachaar" of Bindass TV.  view this serial to see wat is culture of this new generation. their concept is we got one life we have to do it now, here , anyhow enjoy our life.

wat i have commented previously  is about a big nexus which has taken form of an industry , any comments from u on that?

wat u mean to say is its a sacrament which should be continued at all costs even if two people cannot lead a happy life with each other and their continuation will lead to an abusive life compared to hell . todays definition is its  sacramental with a partly contractual nature.

then it will be a violation of right to freedom enshrined in constitution.

Avnish Kaur (Consultant)     07 November 2010

do u want to say unnecessary dragging in court to make try a failed marriage for years is good. anyway i look forward to your comments on nexus i have mentioned.

Bhartiya No. 1 (Nationalist)     07 November 2010

 

I am not aware of any nexus, this first time I hearing abt the nexus . If it is there what is the authenticity about it.

 

Also I never watch any TV serial and movies, since those r virtual world. I used to live in real world with hard realities. Even I have not heard of the serial and channel u named.

 

I am not in favor of dragging but they should not be allowed to marry for at least certain period of time, so that they get time for retrospection and by chance rapport gets established.

 

So many groom parties do not hesitate to divorce on silly mistakes/points, since they can get another bride very easily. Rather so many have made it a business to extract dowry from various parties.

Avnish Kaur (Consultant)     07 November 2010

yes i agree , i know of few families with grooms of marriageable age. they never have their weekend meals(4 meals a day for 2 days) at their home. extraction starts before marriage only . LOL.

ashutosh ji if you see this serial you will know wat is BPO culture , view it for a month and then decide whether there shud be a special marriage act for metro/BPO  staff. this is the harsh reality of today. marriage as institution will be extinct soon or we may see some new form, already live-in IS in.

Bhartiya No. 1 (Nationalist)     07 November 2010

Avnishji,

Have u ever heard of “Pakadauwa shadi” or kidnapping of marriageable boys for the sake of marriage popularly practiced in some parts of Bihar.

Life is a gamble. Loss of someone = gain of someone.

We cannot avoid or overlook certain circumstances. Kuchh Rab Ki Marji Bhi Chalne Do Madam. Jo bhi jaisa bhi hamsafar mile usi ke saath falo aur fulo.

“Life is too short to be spent in talking about frauds and cranks.”

-- Swami Vivekananda

1 Like

Bhartiya No. 1 (Nationalist)     07 November 2010

i do not have the patience to watch such type of serials and channels. Actually these r unrealistic/imaginary shows.

 From Hippy culture to this BPO culture, every culture will go, and real culture will remain. Youg age pple should some masti, but after certain time seriousness and spirituality comes in.

Are u talking abt. Payal Madam. LOL!:)

1 Like

Avnish Kaur (Consultant)     08 November 2010

ya , true payal madam represnts true metro/BPO culture of metros , wat wud u say about applicabilty of HMA on these people later on . this is a very different generation with very different mindset. they take marriage as fun. they are worse than americans, at least americans are faithful to one partner at a given time, but indian young generation is faithful to all availiable partners.


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