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Jamai Of Law (propra)     15 March 2011

Dis-advantages of being a male Petitioner

Are there any disadvantages to a males/husbands of being a Petitioner?

 

Yes... there are many to quote. One very prominent amongst many other disadvantages is that ..... respondent-wife files for maintenance in each and every case immediately!!

 

Also husband is doubted on veracity of his claims

 

And failure to keep paying maintenance either suspends the husbands petition or has risk of getting it dismissed for default!!

 

On the contrary, if wife is a petitioner and also files for the maintenance, then it is again a dangling sword on the neck of husband-respondent, failure to pay maintenance is liable to strike off his defense as if his hands are tied up!!! And it becomes a cakewalk for wife to emerge as jubiliant victor!!

Also petitioner-wife is never doubted on veracity of her claims initially, but also manages to get a lot of sympathy also !!!

 

In both the above scenarios, wife gets an advantage (for good or bad reasons)

 

 

How to tackle above if one's wife belongs to the "mischievous" category?



Learning

 9 Replies

Tajobsindia (Senior Partner )     15 March 2011

Contesting various Matrimonial Cases is not a science but it is a fine ART and once you become MASTER OF ART OF GENDER WAR all your duality will start vanishing from the face of self created assumptive Law in hand.


In case of further doubt re-read opening sentence once again and the first step towards mastering it is to know and understand how far your enemy can actually travel legally and the sooner one realises this harsh truth the faster he becomes Mens Rights Activist which is still unheard off in medieval mindset of modern India’s Judiciary in practice.


However, there are few un-popular exceptions to abovesaid Rule too.


BTW, decide yourself which semester you are in Gender War!

All the best.

sivani (engineer)     16 March 2011

Go to the court and you will see that there is no disadvantage of being a male.  Male have all the advantages.  These are all rumours spread by men folk with ulterior motives.  Go to court and you will see women who are forced to leave their children under the care of their parents while they attend hearings whereas the husband are mostly absconding and the courts do nothing to make sure they must appear.  The women are forced to beg and borrow from their parents and friends to fight for justice even after taking all the abuse from their husbands, yet the meagre maintenace of Rs. 2000/-, 3000/-, 5000/- and if they are really really lucky and able to prove that the husband earns in crores they may get Rs. 10,000/-.  This also when it is given, the husband will harrass her to no end to get it implemented and by the time she manages through lawyers to get it she would have spent more than that amount on lawyers fees, so she will have to beg and borrow from her parents and friends to look after her children who suddenly have to compromise on each and everything that they had when both parents were together.   And if the women is working, the legal system again pronounces that she is working so can maintain herself!   It does not see  how while the man gave himself fully to his career, for the woman the first priority always had to be home and therefore never had the advantage that her husband had in even making it in her career and even afterwards has to look after the kids alone while trying to do her best to earn a living.  This while the man enjoys his new found freedom with loads of money that he does not have to spend on the wife or children but on the women outside.   And if the woman is doing well in her career, than she is totally gone as the court sees her as an 'empowered woman' of today who is equal to her husband.  Again a disadvantage as again the court fails to look at the discrepency in the life style, the earning capacity of both of them, it only says the wife is earning. 

3 Like

Arup (UNEMPLOYED)     16 March 2011

" Go to the court and you will see that there is no disadvantage of being a male."

---  Officialy it is not there but unofficialy it exists.

Arup (UNEMPLOYED)     16 March 2011

Dis-advantages of being a male Petitioner

 

--  Now you have come to the line.

Jamai Of Law (propra)     16 March 2011

Although very touching narration, you are sensetionalising it and it is a very one sided version almost.

 

 

Females can transfer the case as per convenience, can get costs for travel, free aid and legal costs pendant lite, maintenance and right to equal lifestyle as before the dispute either monthly main or one time alimony and maint.

 

 

Child support can also be asked separately and there are so many statutes offering those.

 

 

'A female can't ask her lawyer to expedite the case' is that woman's problem and not husband's, has she asked it to judge over the absence of husband?, ..................has female filed motions to ask for cost for delay made by husband?.............. if the answe is 'no' !!!  ........... then she should not complain................

Jamai Of Law (propra)     16 March 2011

But in comparison, husband petitioner don't get anything but blame ............. and on the contrary they are doubted on their veracity using pleas like 'willful/constructive desertion, constructive negligence'

 

Even before a husband files a petitioner, a minimum of a half a dozen of affirmative (or even shameless) defenses are already ready from the wife's side.

 

Many Husbands go through even more severe trauma.

 

Remember ........... I am talking about Petitioner-Husbands and (also those cases of innocent defendent-husbands who are unnecessarily facing a vexing and frivolous cases filed by errant wives ....)

 

And % of such hapless husbands is ever increasing continuously.

 

I am not saying that they are in mejority ................ but innocent husbands get crushed under sympathetic bias.  

 

Adversarial sytem says 'not a single innocent be punished even if it may cost to aquit 100 apparent wrongdoers'

 

But in family laws, in the spate of catching real culprit husbands, laws are drafted with bias so much that it is causing  'burning of wet wood along with dry wood' which is contrary to adversarial system and breach of fair play vide a biased statute.

 

To summarise: All I want to say is that ..." If females want concessions, sympathetic treatment in GENDER WAR in court .......... then there should be ZERO tolerance as well  i.e.  Even a small aperture of doubt on the veracity of claims made by female should result in 'throwing that woman out of the court' .... if this is enforced then there won't be mischievous female litigants and at least many of the progressive minded and innocent males would be saved from harrassement. 

 

REASON: All Such above category males are "sandwiched" between rural/medieval india and enlightened and progressed india. The laws are made in generic manner taking into account of whole spectrum of society and its effect on rural as well as urban india.

 

sumana (practice)     16 March 2011

why you people are busy in discussing with all sorts of unimportat matters. this forum is specially for the purpose of discussion of the technicalities of the law, not all this.

Jamai Of Law (propra)     16 March 2011

I believe it is not a trivial and ignorable issue ....

 

 

This is a very important matter and is a part of tactical and procedural technicalities (or its abuse as well)...................... Every litigant is suffering from prolonged cases which are dragged for years until other party buckles .... legal practitioners don't lose anything in it  ... it is just a game for many and it is there profession ............ but many lives get wasted and shattered (males as well as females) due court litigation.

 

 

If technicalities were the only important things .... then cases wont have got adjourned for years without even progressing up to framing of issues!!

 

RAJENDRA (ADVOCATE)     16 March 2011

THE QUESTION IS VAGUE. IT CANT BE REPLIED PROPERLY. PETITIONER IN WHICH MATTER PLEASE CLARIFY. ALL STTLED AND DONE, ONLY THING THAT MATTERS IS JUSTIFICATION. IF U HAVE GOOD CAUSE AND A RIGHT, U R BOUND TO WIN. BE PREPARED TO GO UPTO SUPREME COURT.


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