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(Guest)

Do matrimonial laws REALLY FAVOR WOMEN?

Do Indian marriage laws REALLY favor women?

Do marriage laws REALLY favor women?



Or is this favouritism only on paper?



What about corruption and loopholes in law,esp. when the boy's parties try to influence the girls' lawyers,police officers etc so that they don't support harassed women in court..



secondly,do laws really favour poor/jobless women who can't afford lawyers' fees,not to mention delayed court proceedings,regular leaves taken by judges,the rude attitude of police officers when women go there to file complaints against their abusive husbands/inlaws,,adjournments taken by the boy's party to delay the cases,etc.



then we have idiotic laws where a deserted married woman's hubby isn't taken to task when he deserts her & even if he has a second marriage,his "second" wife is also given the status of a "wife" as in case of giving her maintenance and if they have children,they too have the right to his property.....



a woman is already upset that her home is breaking and when she needs legal support to give her justice,she encounters all the above problems....no woman is willing to break her home.....circumstances drive her to the court/police where she is forced to go when tortures she faces become unbearable...



so i doubt that all women get justice in such a pathetic indian judiciary with these unfriendly laws.....



so y do people say"laws only favor women/women misuse the laws"?when the judiciary's pathetic state makes them further depressed n frustrated.....





plz share your views...


Learning

 192 Replies

Legal Fighter (Advocate)     18 July 2010

Laws are definitely gender biased and in favor of women but the issues which you have raised have more to do with implementation of those law rather than the laws itself.

1 Like

(Guest)

then if the laws are poorly implemented,we shud not be saying they favor women

..........becoz they have a harder time taking rounds of courts for years together,besides facing verbal n emotional abuses from their own family members and society who mostly feel that the gal solely is responsible for breaking her home.........


(Guest)

Precisely speaking laws are a bit biased in favor of women. But judiciary specially higher levels have soft corner for women. they are too old people to realise that society has changed a lot and women dont need any favour. they need equal rights and respect only.

2 Like

Legal Fighter (Advocate)     18 July 2010

both the parties have hard time taking round of courts so equal harassment and by the way why the husband is considered as free ATM machine who has to take care of wife, children etc. Why do wifes ask for maintenance? Both have equal responsibities and there is no parameter to measure desertion. Everybody has his right to decide with whom he/she wants to live and no law can force him/her to live with anyone who has his/her life hell. So why ask for maintenance and go to courts. Live your own life your own way. 


(Guest)

MARRIAGE IS A legalised prostitution and u have to pay for the rental of machine.

2 Like

(Guest)

India is a male dominated society.  Hence, any thing that is given right to woman would be treated to "pro-woman".  Very a few women are economically empowered and are ascertaining their rights.  That is why we see on internet and on this web-site so much hatred and abuse of women.  Men themselves describing as ATM Machines, treating the better half prostitutes etc.  This shows perverse male mentality. 

Let us take "Matrimonial home", which has been not defined in the Act.  But the courts treat always man's house as matrimonial home.  If a wife asks separate house from in-laws, she will be treated on this web-site as the most cunning and corrupt and disobedient vampire taking away the "Ladla" from his beloved mother and father.  We see on this web site, a lot of tears from husbands, that their wives are insisting that they should be separated from crippled father and old mother, to whom he has to serve just like "Shravan Kumar".  But they never try to see this thing from the angle of the wife, she also sacrificed her crippled father and old mother, lovely brothers, sisters and childhood memories and all of a sudden started a new life in husband's house.  Instead of treating her fairly, they treat her roughly.

Section 24 does treat man and woman equal while seeking compensation.  But, why men always attack this section?  Because, as they are earning , they are not entitled to any thing under the section.  In Section 9, 12 and 13, we do not see any discretion in favour of women.  Even then, it is all being projected in such a fashion, that women are exploiting the laws.

2 Like

(Guest)

Dear sir (mr prabhakar) if husband is really jobless why he is ordered to pay maintenance u/s 24 , while if wife is jobless she gets maintenance. please explain why?

1 Like

(Guest)

Dear Mr. Swatir,

Please post the judgment, where that thing has happened.  I will certainly answer your question.


(Guest)

"Very a few women are economically empowered and are ascertaining their rights."


See and feel - visit rural / urban areas then see contemporary India you will see women much better and empowered lot and infact this attitude that women are weaker is giving them bad name. Let us wake up and see around with wide open eyes. Today a women when steps into a court of law she files on an average 4 cases against her husband and family and on an average men file only one case that also if the couple have a child otherwise forget even that 1 custody case. Who benefits the most out of this empowerment and ascertaining rights minus duties ! If one talks of rights then the next word comes is called duties. Give all the right to a women which I per se will not mind but design a society on models of who will perform all the duties then :-)



"Men themselves describing as ATM Machines, treating the better half prostitutes etc."


When a women is misguided by certain sections of professions they then start treating men as ATM machines and men don't describe themselves as ATM Machines before that, worse half starts knocking minimum 4 courts for SOWRY which is their expression of prostitution not a men's branding before that.


Tell me in which country / society after marriage a wife does not join matrimonial home ? In India we sugar quoted and say 'shared house hold' and or undefined 'matrimonial home' but in the lands from where all these women centric laws are being imported they damn care about this fixation of words passionately called again and again in courts as 'matrimonial home' Obviously a women after marriage will not be living in a caravan or on roads. If she has joined matrimonial home that does not mean that a husband and or his family has forced her to leave all her things behind or she was told to be excommunicated from her own family. All over time and again wife's go back home to meet their part of the family and branding it selectively is not right way to plead a picture of a Indian wife.


A husband has not only to listen to his old folks but also to his wife and his child as bread, medicine and shelter provider. Does a wife even listens to his own husband forget the dustbins (FIL / MIL) or kid out of the wedlock !. Project the clear gender picture and don't make only women SOWRY figures. Today a women does not want to be branded that way so why brand her to be compassionate / humane / full of motherhood  a lollipop devi figure etc etc. Is Late Raja Ravi Verma born again here amidst us in the guise of a contemporary Indian Women kya ? 


Maintenance sections


A  die hard Indian men will definitely ask for equity before law be it S. 24 HMA or S. 125 CrPC and even under DVA. It is not that since S. 24 HMA is gender neutral so to speak men have cupid eyes for only this section. The irony is that Indian Courts sees two strong legs with two strong hands of a Indian male to be earning capacity whereas Indian Courts eyes does not go anywhere else in case of incapaciated Indian Women other than ........ Many a women don't even ask maint. and they only ask for divorce so let us not put all eggs in same basket an portray Indian women to be really downtrodden and so on so forth. They have brains too and they damn well use and misuse them for and against a Indian man.


With respect I always wanted to know how to address you like Sh. or Ms. as from your profile surname and then looking at your pic it does not give a clue on correct way to address you which I really want to address you correctly, kindly tweak me.

Rgds.   

3 Like

(Guest)

@ Aishwarya


Summing an answer to your main post my views are that you are talking about two strata of Indian women vis a vis implementation of Law by various agencies.


1. The rural strata does not mostly approach city courts as most of the compromise happens at panchayat level which has women reservation representative heads too. You may bring in hard core stats of rural women getting justice at panchayat level or not with case studies we will discuss further but before that let us not include them into generic discussion to fudge records and then end it saying as title of your post.


2. The urban strata is the most vulnerable one which is misguided by certain professions clubbed with their self acquired independence. Being in job or jobless here is immaterial bze once you are misguided then education and earning independent income does not play much role other than 'ego to file multiple maint. cases for the same cause of action'.

 

3. Legal Aid Service was instituted for poor and jobless Indian women and if I approach them though being out of job they have twice kicked me on my butt and now-a-days there is no upper income limit to seek free legal aid by an Indian Women. The quality of such aid is a question mark so let us not club justice delivery with such implementation part and then brand it at the end like title of your post. However one can question the same mechanism on their quality but how many of you readers have done such questioning till date to say as title of this post !

 

4. Justice delivery system will always be criticized by both sections; who get early justice and or who get delayed justice and there is nothing called no justice at the end of this back tunnel. To you definition of justice will be totally different than my interpretation of justice. What lacks here is implementation of delivery system. A empowered urban women can very well take the task of questioning the justice delivery system and for that she doe not need to be home tutored or in job or educated. Certain PIL's some years ago were admitted with handwritten postcards by same Indian Women so what we criticizing here!.


5.Today in internet penetration age we hear equal voice of home breaking stories from both women as well as from husbands. A dog biting a man is not news but a man biting a dog becomes a news ! Women stories readers empathies because down growing up years they have been told to patronise women but when a men cries that he does not want his matrimony to be broken people laugh and whimp at him. So it is not right to say that it is only women who care much more about their matrimony.


6. In short, I will say matrimonial laws are perfect it is the implementation part in assistance with Lawyers, Police and Judiciary which is desirable and saying that women don't get justice is wrong assumptions. You take 100 cases of any trial court and you will notice that if a maint case is put by a women she gets maint. (whatever the amount) within 6 months on an average irrespective if husband is homeless / jobless but what Jusitce sees is that he has two legs and two hands !. A women now a days puts a DV case she gets residence rights on an average within 3 months that also prime facie leave aside evidence or trial of a suit. So why ask a question as in your title?


Educate the professional pleaders first on morality / ethics and professionalism. Then take to task Police instead of internet crying wolf in armchair writings. Further question the implementation part to Judiciary, all these system will come into right place. Shall we try these instead of saying do matrimonial law really favour women?


If it does not favour a Indian women then whom it is favouring is it the pleaders or police or Judges then which is question for another forum post it may sound so :-)

Rgds

2 Like

(Guest)

"Figures do not lie"- "Ankhade jhute nahi bolte"

The Delhi Police released the crime picture for the first six months.  See it yourself.  It shows how fair our laws are for fairer s*x.  In the first six months, 66 dowry death cases (section 304-B) have been registered.  I know, in ninty nine per cent of these cases, accused would be acquitted for want of evidence.  If it is happening in mega city, what happens to the women in the rural areas, who cannot approach police to register FIR even after mass rape.  We also know what is happening with women agricultural labour and migrant women labour.  Laws pretend to be pro-women but in practice helps the men in the men dominated world.    The similar is the case in the case of pro-poor laws.  They are in the statutes but work for the rich people.  The Industrial Disputes Act is meant for the benefit of the poor workmen but the employers enjoy the violation of the provisions of the Act.  Hence, some one said - "might is right" and "not right is might".  Ruchika Gilhotra's case is classic example how Section 354 will be adjudicated in the courts of law.   

2 Like

Arup (UNEMPLOYED)     19 July 2010

bah....... bah.......

VERY INTERESTING; PLEASE CARRY ON.

AM WAITING FOR THE URGUEMENT OF MS. AVINASH KAUR.

1 Like

(Guest)
Question by Aishwarya is really worth asking and Very much impressed for Mr.Prabhakar sir's answer. He is right in answering the question. No women come out of the matrimonial house if everything goes well.99% Women love their husband more than her own parents. And mostly girl parents inject these rules(lrespect husband ,inlaws ,relatives from her hubby side) right from her childood. I bet every parent of the girl will teach how to be in inlaws house. Thats the reason they wont even say the things which happen in the matrimonial home. If everyting is out of her hands,she comes out and fight for justice. No women likes to harass her inlaws/husband until and unless they ill treat her.Girls are always soft in nature and kind at heart.This is a proven fact in the society. The cells in women brain are designed in the way that they being kind hearted. There are few interesting women facts and how men cheat, in the book called "Why men lie and women cry". Go through it.Probably a good hand out for all women. LOL. I do agree with Prabhakar Sir's answer.When you compare with rest of the parts of the world, their marriage system is entirely different from ours. Their women never treat husband as God,she may leave him at any point of married life and remarry and never worry of the childerens life. But in India, its different.Women ready to die for men and trust them all the time.
2 Like

Munirathnam (Scientist)     19 July 2010

Dear Prabhakar,

 

Why wife needs to sacrifice her father mother by leaving her parents home. She can always live with her parents and after death of her parents she can marry and can decide where to live.

 

Tomorrow you may say that wife has to leave live-in-relation friend and has to leave to husband house.

 

I think now you understand what is the problem. After marriage what to do and where to do things should be discussed by each and has go accordingly.

 

Please think if mother and sister of family adopts this logic how bad it is for the family of any family makes relation ship with this family.


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