new irbm clause

Interested in Family LAW

The new bill passed by Rajya Sabha on IrBm. I have a question to all of you here, lets say a wife has deserted the husband for 3 years and files all cases by the end of three years now she converts this petition to IrBM.

Hypothetical situations:

Wife is working earning more than husband files CRPC 125 for maintenance, case got dismissed and files DV and court dismisses her petition. Now she knows that harassing the husband is waste of time converts the petition to IrBM section, court will grant decree.

Now my questions is:

Will a working wife getting more than husbands salary will she get hefty permanent Alimony would court not consider the false cases she has filed and dismissed, court through papers know that she is working and earning more in this case also permanant alimony granted or only the divorce?

 
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Currently NO alimony for cruel wife, deserted wife, wife who is earning and capable of earning. Many citations are theres. As of my opinion, It should continue as previous judgments. But, not sure about the no - fault divorce case.

 
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Interested in Family LAW

@ Arvind this is where we need clarification on? Legal experts like tajobsindia, Shonee Kapoor and other legal gurus should throw us light on this no fault divorce clause

 
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Self employed.

Hi Sandy,I am expressing what is my knowledge by witnessing judgements for many years.1st is that wife is not given any alimony nor maintainence if she walks out of the marriage on her own accord.If the husband has not told her to go and she leaves on her own will she is not entitled to any money from him.Now for that it has to be proven by the husband that she has deserted him.Desertion means that for no valid reason she has left him.Desertion also has to be proved.If she walk's out of the marriage on her own and files for divorce and is not able to prove the allegations and not able to file evidence that there were genuine reason's for her to leave it amounts to desertion.If the husband maintains when she has filed for divorce that he is always ready to take her back and she has no reasons or proof that it was a bad marriage for her to leave then her divorce petition stands to get dismissed.If that happens she doesnt get any money,maintainence nor alimony.There are many judgements to prove this where the judge clearly fired the woman by saying to her that you cant leave him on your own and also ask him for money.If the husband says that he doesnt want divorce and is ready to adjust its very difficult for a wife to get divorce.She wont get it if you maintain that you are ready to reconcile the marriage.

2nd)Maintainence is seldom granted to a working woman.If you are able to prove that she is working and earns a good income she wont get maintainence.

3rd)Alimony is given to the wife for her future financial security.If you can prove that she has enough income and a property,i.e.a roof over her head on her own then she wont get alimony either.

4th)Contrary to what people think wife is a loser in terms of money if she wants to get money from him and if also she is working and earning.Even in custody cases it may sound very prudent that wife is working and taking care of children with her own income but the fact of the matter is in custody cases it goes against the wife is she is working.The prime criteria in custody is the time one can devote to the child more than the money.Thats why if you see most men who have been given custody are in business or working from home.If you have a job,a man never gets custody as he doesnt have time.

I hope this is helpfull.

 
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Bangalore

Originally posted by : sandykrish


The new bill passed by Rajya Sabha on IrBm. I have a question to all of you here, lets say a wife has deserted the husband for 3 years and files all cases by the end of three years now she converts this petition to IrBM.

 

What was husband doing for 3 years??? Eating doodh peda is it?  or waiting for wife to file flase 498a, dv, and/or IRBM???  Husband should wait, ok.  But not for years together.  Apna Safety first,  File for divorce immediately, after talks have failed.

Hypothetical situations:

Wife is working earning more than husband files CRPC 125 for maintenance, case got dismissed and files DV and court dismisses her petition. Now she knows that harassing the husband is waste of time converts the petition to IrBM section, court will grant decree.

Converting not possible.  For eg, you filed divorce based on desertion, she files 2-4 cases, you withdraw div petition, and file fresh petition with additional grounds seeked for divorce like mental cruelty, so 1+2 is 3 now better grounds for divorce, for husband.  But for wife, she cannot withdraw petition and give a new ground ie IRBM, that will clearly indicate her intentions to extract money and such new petition will not be accepted.  Either she has to prove what was in her main petition n get divorce, converting of petitoin into IRBM not possilble.


Now my questions is:

Will a working wife getting more than husbands salary will she get hefty permanent Alimony would court not consider the false cases she has filed and dismissed, court through papers know that she is working and earning more in this case also permanant alimony granted or only the divorce?

 

All this your lawyer should defend you.  And no court will grant alimony listening to some cock and bull story what your wife has told.  If your wife will tell some cock n bull story and act smart, you ie your lawyer should also tell the court, sir its not cock n bull story, but a story of hard earned money, and prove to court that she is a earning woman, all such be dealed with documentary evidence.


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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Just Like other grounds of Divorce ,this IrBM is another possibility to conduct a divorce on the basis of seperation not less than 3 years. In which the sole reason will be irretrievable Break down of cohabitation among the couple during the post marriage.Either of the spouse could seek for relief under mentioning this fact. Which will be supported by the further sub sections.

 

But the discreationery power is given again to the judges to look after this irretrievable breakdown as the defination of iretrievable breakdown consists of many facotrs and circumstances which not metioned in the ammendment bill.

 

The earleir sections under HMA 1955 will be entact as it is,even the maintenance cases will go on as of now they are going but the only thing is how cleverly a wife predicts herself under the oath of Indian Judiciary to fullfil the conditions paved by IrBm.

 

It's the universal judgement of SC that if a wife had deserted her husband without any legal reason which is mentioned in the sections of HMA or SMA,she is neither entitled to alimony nor maintenance.

 

In this new IrBM where every thing is left incomplete for our apex court i.e SC to further clear all clauses which are darkly mentioned in it.

 

In my view a IrBM is just like the groung of desertion where 3 year is necessary instead of 2 years to seek relief. Rest all will go in same pace as what we have seen before.

 

The only thing which will strike all the wicked and greedy ladies----------------Main divorce 2 saal ke baad lun ya 3 saal ke baad lun?

 

agar 3 saal ke baad leti hun toh kahin mera husband saara property tan tak dusre ko toh nahi de dega?

 

Agar 2 saal me leti hun toh bhi mera husabnd mere ko property nain dega?

 

Agar maintenance mangti hun toh mera husband ab mujhe proove kardega ki jaan bhujkar IrBM create kiya hai 3 saal katne ke liye.

 

Agar nai mangti hun toh mera kya fayda hoga?

 

This IrBM is bull-sh*t for dull ladies but somewhat who is extra ordiniary will get some chunks if their husband is dull


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I request all the judges in future and now to take stern action against the b****s who file false DV, 498 cases against innocent men and their families.  Thats when the B****s , her parents will learn and keep their tail inside and stop harassing men.  I hope that this will be an eye opener to all .

 

Our parliament has 85% more men and they didn't raise an objection to fail this bill. Shame on them. They dared the court also and got the criminals to contest elections. God save india..

 
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healyhcare

Well its a game now for husbands Soon husbands would start live ins and paying interims to concubines if Dv gets in... But would not marry as Child can be born without marrying too.....
 
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not working

@Tanny050...If u have come to use such language in this forum more than to solve ur problem..Its high time u stop it.. If any women in the forum addresses husband's parents and sibblings d same way u abused wife's parents and sibblings...how will it be?.....

 
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