Upgrad LLM

marriage laws bill-'no definition of irbm in there!!'

propra

This bill cutails powers of JUDICIARY and its basic tenets

 

 

 

This law dictates the Judiciary in areas where judiciary was expected to have independence and discretion of a reasonably prudent person!!!

 

 

 

E.g. Take evidence Act ------ The admissibility, relevancy and (most importantly in the current context) SUFFICIENCY of evidence ..............Until this bill becomes law, final and only authority is the court who decides whether any evidence whatsoever is sufficient to prove the allegation (in addition to its admissibility and relevancy)

 

 

 

Judge would be left with  no discretion whatsoever ..... to apply his mind as to sufficiency of evidence ...Then why the hell make it a judicial process? ... give these powers to registrars instead !!

 

 

After the bill ................ Family  Courts would be reduced to ... DIVORCE REGISTRATION DEPARTMENTS !!!!

 

 

 

Court counsellors would get more powerful than judge of family court, and a lot of new avenues for corruption would be created !!!!!!

 

 

BUT the time duration of whole process would again span for years ................. Yes!!!.... it is still possible to drag the process .................... for years in IRBM!!!!

..................... And mind well .......................  new generations of lawyers are very innovative !!!!!!

 

 

Suggestion of amendment:- Hence we should rename the FAMILY COURTS as DVORCE REGISTRARS as per HMA and SMA

 

 

 

MCD ......... Waiving the cooling off period ----------- SC HC case laws had already resolved this issue and Courts were already waiving cooling off period in MCD.

 

 

 

Share in Property ---- It was already there 'based on individual's contribution to property' after marriage.

 

 

 

 

This law would bring a fundamental change into  Hindu religion ........... Wife gets rights to divorce without necessity to mention any reason whatsoever!!!! (A New system of Hindu female talaq with iddat period of 4 years ...... exactly opposite to islam, in hindu religion women would get arbitrary rights to leave their husband for no reasons whatsoever and on top of it women would be rewarded with 50% or even 100% property of husband ..........  So this discretion of Court would be misused!!! ........... a new law of forfeiture of property os being introduced ........... Live-in relationship is advisable for men!!!!)

 

 

 


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Consulltant

Also, if the govt thinks that 50% property share is a requirement as condition of woman is not good, than condition of muslim women is also no different. If this is such a good provision, why only for hindus, it should be applicable to all Indians.

 
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Originally posted by :naren
"
Also, if the govt thinks that 50% property share is a requirement as condition of woman is not good, than condition of muslim women is also no different. If this is such a good provision, why only for hindus, it should be applicable to all Indians.
"

 They don't want to loose their vote bank. Any way in the Isalm woman always remain under the control of Husband as any time he can say 3 T**** thus she always try to keep her husband happy.

This is not with majority in India.

Best way to over come these problems, India should follow Islamic law as per the Quran.

 
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software engineer

Hindus outnumber all the religions in India in a big way. Why no political party is ever worried about losing hindu votes?


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Originally posted by :498akadushman
"
Hindus outnumber all the religions in India in a big way. Why no political party is ever worried about losing hindu votes?
"

 Because Hindu is not a religion it is a way of good living.(As I heard)

And Hindus are minority itself on the basis of language/caste etc.

 
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