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Aarnav   31 January 2019

Is the indian laws only woman centric? are all men bad?

Is the Indian laws only Woman Centric? Are all men considered BAD automatically? 

MYSELF: Hindu husband 41, Handicap due to accident after marriage, now earns Rs. 6500/month by taking tutions, from Goa. 

WIFE: Hindu, 40, IT business analyst, earns Rs. 1.1 Lacks/month + rent of Rs. 42,500/month from apartment in South Mumbai, she is from Nasik.

===>Husband had an accident after 3 years of marriage, and wife (who had a pre-marital boy-friend), left the matrimonial house, as she didnt want to take care of her HANDICAP husband and wanted to get back to her BF. (NOTE: It was an arranged marriage, and later on we found out that she was married againt her will, as her college boyfriend/BF was of different caste and her parents didnt want that)

===> I/Husband, now handicap earns Rs.6500/month by taking tuitions, but has to pay the Interim Maintenance of Rs. 9000/month for his 11 year old son. Wifes is asking for a 1 time alimony of 70 lacks, so she can send her son to study abroad, which she mentioned during Maintenance mediations. (I cant give that much amount, so prefer paying IM of Rs. 6500+2500= Rs. 9000, and part of it is paid by my mom (Rs.2500))

QUESTION:

(1) After her constant threats as well as harassments, and after 2.5 years of her deserting her matrimonial home, finally I/Husband was forced to file for a divorce in Goa, which she applied for a transfer in HC, to Nasik. And the case has been going on for last 7 years, because 90% of the judges are FEMINIST, and have a hard time in making a decision on a handicap husbands side, so the case is just dragging. What can I do?

(2) Also the transfer petition that the husband had filed, to get the Maintenance case transferred from Nasik to Goa, is stuck with the HC Chief Justice, and the Chief Justice is not letting the case run, as I have been told that they have to run other cases that are more important and serious. And now they couldn’t decide it for last 3 years, so final they have clubbed my Maintenance transfer petition case (Nasik to Goa) with the Divorce Transfer Petition (Goa to Nasik), what my wife has file in Nasik. Can all the judges be sooooooo woman centric? Then why not just make the rules in women’s favour and get away with all the cases that run for 12 to 15 years?

(3) My cousin sister who is in London says that most of the cases there in UK, on an average, run, no more than 2 years. So why the legal system in India, so behind?

(4) Now to harass us more, wife has filed for a divorce case in Nasik, in lower court, even when the verdict of High Court regarding transfer petition (filed by herself) has not come to any conclusion/verdict. IMPORTANT: Being handicap, I make too little money, but even if I gather/borrow some amount and file in HC to put a stay on he divorce case, that she has filed in Lower Court, do you think that the gender biased: Chief Justice will keep it hanging (again), for 2 or more years?

(5) I have been told that, just because I earn Rs. 6500/month and my wife earns Rs. 1.52 Lacks/month, so even I can claim maintenance from her. Even if I can do that, I am scared that she will get my case stuck in some TRANSFER PETITION, and 90% of all feminist judges will help her with that. So whats the use? Should I just loose hope in the India legal system? (My sorry state of mind says: Long Live Salmaan Khaan, who after killing pedistrians/ & shooting black-buck-deer, still got out of all the cases with flying colours)

(6) To all well-informed and respected advocates: Out of your experience, has it become a crime to be born as a MAN in India? Why so many woman biased laws? What happened to the old phrase: Kanoon aandha hota hai/Law is BLIND, and it doesn’t discriminate against race, caste….etc….as well as GENDER?

Thanks in advance for your answers, and for your time.

Arnav.



Learning

 3 Replies

NSV VARA PRASAD   31 January 2019

Your subject is going on totally one-sided.   Where is your Counsel. Do you want to fight your case by Yoursel.

Aarnav   31 January 2019

Dear Mr. Prasad,

Yes I do understand your concerns, but I do have my lawyers, fighting it out for last 7 years, and they themselves tell me that most of the judges, are looking to circumvent husbands HANDICAP status and looking out ways to delay it as long as they can, giving me the impression that they are nothing buy incompitant to make a decision !!!

EXAMPLE: The third highest earning person in USA is Judge Judie, and show comes on USA - Television, and she, with all her intelligence, doesnt take more than half an hour to take decisions.

Now do you see the comparison?

And here in India, as we all know: Tharikh pe tharikh .....Tharikh pe tharikh .....Tharikh pe tharikh .....

As someone very well said: Justice delayed, is as good as justice denied !!!

Take care, with regards. A

Advocate G. Pavan Kumar, LL.B (Advocate , Hyderabad)     31 January 2019

You have to apply for Maintenance from Wife. Law permits you also. If wife salary is Higher, you can get benefit. Supreme court given that Ruling.

You have to submit, Financial capacity of Your wife and Income tax certifications etc.

About BF, No use on that point. This is mere allegation, cannot solve.  I am also doubt that, with in 6500 salary per month, No court can award more than your salary, unless very good reason.


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