Jamai Of Law (propra) 05 September 2013

Irbm bill... lok sabha shud pass only amendment in 13b

Irbm bill... Lok Sabha should pass only and only those proposed amendments in regards to section 13B of HMA 1955 only.

This is a good bargain for the moment.

And do not add any new grounds such as Irbm or whatever and also matters as to share in property etc ALSO !!!! As all these are contentious matters and requires a total analysis/ impact/ debate/ review/ discussion/ check as to preparedness of our rural-urban masses etc etc etc

Frankly speaking, even lawyers are NOT prepared to accept the incorporation of S.13C and related amendments as to property share etc. It is all vague.

Please ......... Give me a handsome share in my spouse's property!!!! (present one and in future property also!!! even though my spouse is going to become ex-spouse soon!!! after dumping my poor spouse it is the only proper word!!!!)

But ... Please .... Don't question me whether I myself was the real culprit to break my marriage unrecoverably!!!!!

Also ... Please .... Don't ask me to split my self acquired/my ancestral property with my innocent spouse!!!! Why should I give a penny to my spouse? (Innocent respondents don't deserve a damm!!!!)

I am so grateful to our talented law-makers!!!!! (jokers), Smt. Smita shide and her well wishers.

Had I filed for divorce under fault theory, I myself would have been grilled whether I myself was a culprit or not!!!! .........................And even after all that painstaking trial ....................and my efforts I wouldn't have a penny ...... No share in my guilty spouse's property ........... albeit I managed to prove my spouse as blameworthy!!!!

But this short cut of IrBM is sooooooooooooo .... wonderful ... that it rewards me with a lolly of 'share in property' irrespective of whether I am the real culprit or not!!!! ............................ Thanks you law-makers!!!!

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2 Replies

Adv Gaikwad 7385647897 (self) 05 September 2013

The term mentioned above is legal. If you marry her other way will become an illegal marriage

Jamai Of Law (propra) 05 September 2013

One concrete definition IrBM

It can be inferred vide some symptoms as follows:

Neither of the litigating spouse is making any efforts whatsoever to save marriage and doing everything (and / or both sides making wild allegations against each other of such a magnitude that 'whether one side is SLAPPED with a divorce decree and whether same side is awarded divorce decree ... it hardly matters.)

SC came to conclusion of IrBM in only and only those cases where parties resorted to that level of wild allegations or kept on litigating for decades, and that too at the SC level.

Please read citations:-

kohli vs kohli (what an abysmal level… both parties went down to!!!)

But when IrBM is being claimed unilaterally and by only one spouse who's seeking eject from marriage, then the truth needs to brought out as to who was at fault for such a sorry state of marriage?

Otherwise there is no clear definition of IrBM except as defined the same under fault theory.

Remember , in UK there only one/single ground vide which one can obtain divorce !!!!!! i.e Ground called as "Irretrievable Breakdown of Marriage" !!!!!

And there is option .... either prefer to support your above said one/single ground/plea ...............

by showing faults committed by the opposite party (cruelty adultery etc etc)

OOOOR ...........

Just say ............. I just want to get out of my marriage ... there is no fault by my opponent ........................... and hence there is no any other demand from my side ....... and ... let me know what the other party wants from me!!!! ................. or else by default 50 percent of self acquiredproperty of both would get split between both .................. unless there pre-nup agreement !!! .. .................and be prepared to compensate the opponent OR be prepared to accept divorce and forego your other demands (One can't have the cake and eat it too !!!!!)

If India AT ALL introduces this type of divorce (only for those marriages which solemnised after such ground comes into force)

Before introducing IrBM to new couples (i.e marriage solemnised after any amendment) in India , ...................... India should start recognising pre-nup agreements firsts.