Common Indian spouse view:
In
Hypergamy always puts elite women and destitute men at the greatest risk: the former may not find available grooms in the proper stratum, while the latter may not be able to attract even the poorest women, aspiring to marry into better households ("Don't marry me to a ploughman," goes a common wedding song sung by in majority of rural Indian brides).
1. In a Hypergamic Marriage system the issue of equitable distribution of property is very serious issue as chain marrying women might lead to a fast and quick end to the very institution of marriage as we know it , so it is s very very dangerous issue . Without objective laws (Like less than "10" years marriage will lead to no alimony) the provisions will be misused in almost all cases and will lead to ferocious litigation with the husband with almost all cases ending before the Hon’ble Supreme Court.
2. If at all property has to be divided it must be done only after verifying that the woman has first inherited her share of property from her father. The inability of a woman to inherit of her father's wealth must not be burdened on the husband and the husband must not be forced to bear the burden of the woman who has been denied equal property rights from her own father.
3. Feminists will argue that since the dowry is what the father gives the girl then why will she get property. Then argue that if that's the case then dowry also must be included as the woman's property and must be split at divorce since dowry is given in lieu of the woman's right to her property.
4. Also the division of property must be based on objective factors like the contribution of each spouse and the faults leading to the divorce etc. Even the husband must be allowed to get half of the wife's property.
5. Property acquired during co-habitation will be considered and not during pending divorce proceedings. With average cases lasting 5 to 7 years as are the contentious scenario presently, due to judicial delays why will one give half the property acquired during separation ?
6. Framework must also be provided so that prenuptial agreements are in place so that the richer party can protect itself always otherwise richer men will be very afraid of marriage to relatively less rich women and the number of marriages will fall drastically in
The essence of this post for common spouse readers may be (read as must be) that
“NO PARTY MUST BE ABLE TO PROFIT FROM THE MARRIAGE.”
This post may be kept open for prudent discussions in larger public interest.
Credits: AG
