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Prasad___r (NOT working)     12 November 2010

Hindu Marriage Act Amendment Bill

  In Winter secession of parliment, The Hindu Marriage Act Amendment Bill 2010  is comming for discussed in both the houses & passed, please update me



Learning

 34 Replies

ashish lal (Advocacy)     12 November 2010

even i want to know ...............when it is going to become an Act?..............

superfast munnabhai (trainee)     12 November 2010

Let's oppose it as it is completely ridiculous amendment.

 

1 Like

Roshni B.. (For justice and dignity)     12 November 2010

agree with munnabhai..


(Guest)

Are you sure this bill is being taken for discussion in winter session? Any link?

 

 

This bill is progressive and keep up with chaning reality of our
Indian society . There are minor hick ups and they should be removed

 

1. It should be made gender neutral.

2.  Opposing on financial  clauae should be remved or should be applicable to both - husband and wife.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 November 2010

Will someone tell what are these amendments in Hindu Marriage Act, so that others, like me, can understand and appreciate the comments

MPS Ramani


(Guest)

This bill proposes to make irretrievable breakdown of marrigae another ground for divorce. There are some changes in mutual consent divorce

 

You can get complete txt at

https://www.498a.org/forum/viewtopic.php?f=45&t=6755&p=31087

Jamai Of Law (propra)     12 November 2010

IrBM would be nothing short of a curse on Hindu Society.

 

 

Also it would wipe out all other grounds to seek divorce since those would become  defunct and redundent.

 

 

As somebody else has really convincingly written before...which I really felt agreed upron as follow that.....

 

 

It would be creating bigger problems(loss of jobs and clients) for 'trial court' lawyers in matrimonial cases (and people would start selling or rather posting on LCI.... Standard Format of unilateral IrBM Divorce petition and Divorce process would become a mere registration process, especially if wife wants the divorce)

 

 

Surprisingly there was a seminar held at 'Amchi Mumbai' by some association of lawyers ......and there some of the lawyers comming from other cities also expressed the same view in private.......which I could read through emails circulated.

 

 

Remember.................................. % of wives as petitioners is much much higher than husbands as petitioners, all over india!!!! More than 70% divorce petitioners are females!!!!!

 

 

Wives/They would secure divorce easily...........................but still would manage to trap Husbands in 498a and DVC cases which would continue to harrase for ages.

 

 

For speedy divorce/chhutkara......... atleast some of the women are atleast agreeing to take back 498a and DV cases...that options would also get stopped for Husbands...

 

 

It's an alarming bell!!! Wake-up!!!

Jamai Of Law (propra)     12 November 2010

Husbands would not have any bargaining power whatsoever in regards 498a and DV cases

 

Husbands would not be able to offer for 'mutual consent divorce' rather a contested divorce for exchange of chhutkara from 498a and DV.

 

Even MCD would become obsolete!!! if IrBM clause is added to HMA.

 

 

Ganesh Bhat (Senior)     15 November 2010

Hope this would be usefull to you.

 

https://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%202010.pdf

https://news.outlookindia.com/item.aspx?689399

 

 


(Guest)

Thanks for links... one of these threads informs that it was introduced in the Rajya Sabha during monsoon session... but no news on its discussion and passing.

ganesh bhat (association)     15 November 2010

https://indiatoday.intoday.in/site/Story/101072/India/divorce-made-easy-for-incompatible-couples.html

 

https://www.hinducurrents.com/entity/profile/bill/

 

No idea when its going to be passed

Simon (NA)     16 November 2010

Can someone follow Rajyasabha news abha and hopefully it will be passed . Then it will be notified by presindend update. It is suppoed to come up on Last Friday .. as it was a holiday it is slotted for next Friday as private members bill. Once it is passed in Rajya Sabha it willbe introduced in Lok Sabha. Hopefully it will e passed in thi session. Again someone has to wathc  News in DD to confirm.  After this President will notify all.

Simon (NA)     16 November 2010

Can some body watch DD news daily and update all of us on parl,iament news especially Rajya Sabha news . Appreciate

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     16 November 2010

 

Still laws and courts are favoring women and men’s are victims in the most of the matrimonial cases due to adverse law.

 

Today in India laws are favoring women’s only and they are taking it as ride and don’t try to adjust and just blame their in-laws and take divorce with heavy money or take maintenance and then again marry and again maintenance and alimony. All this is very serious and these laws are responsible for increase in divorce/maintenance cases.

 

The law must be amended so that maintenance can’t be claimed by wives as a matter of right in each and every case. There must be some minimum period like 5-10 years for which they have married and stayed with their husband then only they can go for this. It will reduce such cases and save marriages. Today wives are using these laws to black mail their husbands and in laws. It needs immediate curb to save families.

 

Hon’ble Supreme Court and Government of India must think and amend the laws so the marriages can be saved which are breaking because of law in favor of wives. 

 

Many women’s have made it a profession they marry only to get maintenance and alimony and again remarry and do the same thing this must be stopped immediately by amending laws.

 

The main reason today for increase in number of cases is these laws which are favoring women. They are blackmailing their husbands and in-laws on small-small issues.

 

Maintenance and alimony should only be given if the girl is uneducated and has no other source of her or her parents etc. If she has income and her parents are also able to maintain her then she should not get anything because today marriages are breaking due to this reason also and parents of girl are favoring this as they know they will get easy money.

 

Moreover many women’s have made it a profession we have read news that many girls are coming to courts for divorce for 2nd and even 3rd times. If alimony and maintenance is banned in the 2nd and 3rd marriage then at least they will try to adjust in the 2nd or 3rd house otherwise every time they will take easy money and search for another guy to get more money.

 

The basic purpose of law should be to save the families and ban separation/divorce on small-small issues. To ensure the same law must be balanced one and should not favor anyone neither male nor female.

By giving maintenance easily to wife’s the law has opened new doors for increase in number of cases for separation and divorce.

The maintenance should be given only in deserving cases where wife has no mistake and she is being harassed by her in-laws etc. but it should not be given as a matter of right or routine.

Moreover maintenance and alimony should be banned in 2nd marriages if women has already got this in the first divorce , it will ensure that marriages are being done by wife’s also only for settlement and not for earning easy money.

MAINTENANCE AND ALIMONEY MUST BE BANNED ONCE A LADY GET IT IN FIRST DIVORCE AND HER CONSENT SHOULD ALSO NOT BE REQUIRED FOR DIVORCE.IT WILL SAVE THE FAMILIES AND REDUCE THE DIVORCE RATE.

I have certain suggestions to preserve families and to save them:

·          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

·          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

·          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

·          Compulsory mediation for avoiding long legal battle.

·          Law should be such that both husband and wife try to reconcile .

·          Law should not be favoring anyone to ensure that marriages are saved.

             No domestic violence case should be filed after 24 hours of alleged act or unless valid medico legal report is there.

 WE can sprwead the message by sending mails/sms/pamplets etc.

 

law needs to be revamped to stop torture to innocent husbands and their families

 


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