Amendments in hindu marriage act.

pvnamjoshi@gmail.com

 

Amendments in Hindu Marriage Act.

 

         THE Union Govt. has proposed certain amendments in the Hindu Marriage Act, 1955. It appears that the Congress govt. right from 1955 was bent upon to mend Hindus regarding their customs and practices enunciated under un codified Hindu Law. Several Acts were enacted to give changes in the customary form of life of Hindus. None opposed to such changes because by doing so the Hindu community could change its mentality also. The Hindu caste could become more progressive and modern and learned to keep stapes with changes in the society.

         Because of its appeasement policies and so called non atheist (theism) attitude towards minority communities’ policy of appeasement had always been played by any government by any party in power to appease these communities. Therefore no government could dare to change the false beliefs and superstitions attitudes of such classes. The Supreme Court has insisted for common civil code as enunciated under Directive Principles in the Constitution of India but no party dares to speak about it because no party wants to lose the vote bank of the minority classes. It is therefore after the judgment in Shahabano case by Supreme Court that the Muslim Woman is equally entitle to have maintenance from her divorced husband the Muslim community without giving second thought to the logic and reasoning of law behind the judgment organized itself under the superstitions of Islamic law and one after another leaped over the dyke of blind faith and the new law namely The Muslim Women (Protection of Rights) on Divorce Act, 1986 was enacted by Rajeev Gandhi Govt. to appease Muslim Community. This law did not help the Muslim Women to get maintenance but such class of divorced women got set back to earn their livelihood. But the Community did not bother as humanity cannot be above the religion is the eyes of the community.

 There is news that Islamic Seminary Darul –Ullom Deoband has issued a Fatava (mandate/edict) that Talaq said in inebriated state (of mind) is a valid one. Again Deoband has issued a Fatwa (mandate/edict) on a query of one Pakistani   that video recording is not acceptable as evidence of Nikah that is marriage. What is the reasoning, logic and thinking behind it is not known to any one. In the name of Islamic-Sharia law any thing is possible and rational things coupled with law and logic may not be possible. Times have changed The Arabian Muslims have changed their mentality to some extent but few of them are yet attached with outdated thoughts which have no relevancy with present day developments. When Islamic nations can have ultra modern arms and ammunitions including nuclear weapons etc why the Islamic people cannot change their thoughts and alike vies to live in a primitive age that too at the instance of so called Fatavas by some institutions. Why Muslims cannot use their mind, reason and logic in every walk of  their life.   Why government does not take serious action ageist such seminaries to save women from injustice. Why the women commissions do not take suo motu notice of such actions and why they have very much awesome attitude and aversion for Hindus only? By no means Hindus are extremists.

 Recently as usual as per the culture of the Congress government exercising extra Constitutional authority granted stay on hanging of Balwant Singh Rojora an international terrorist who in day light killed the then Chief Minister of Punjab Beant Singh. What a mockery of law on caste basis. All Sikh community was united and the ruling government had also handshake with it and got an illegal order from the Union Govt. The S.C. has contemned such act.

There are other communities in India which on one or other occasion had joined hand in hand; started agitations got their demands satisfied by threatening the government in power.

 

And look from another angle. So far as Hindus are concerned it is a disdain community in the eyes of the politicians. It is a community not worth a rap. Politicians think that the Hindus are knuckle draggers and will never agitate for any thing as their attitude is that of not inviting trouble to the self.  The Bill proposing amendments in Hindu Marriage Act to be introduced in Parliament reflect the same view as expressed above. The government   totally failed to bring about social reforms and changes in the mind of the people and such government wants to bring such changes by enacting law which is never possible. The reason is by enacting law no one can change the human behavior. On the contrary by enacting few laws and establishing Women Commissions no positive action could be taken except harassing the male community.

 The reality is that by enacting certain provision of Penal Law and other laws the marriage institution under Hindu law has lost its sanctity and it has become a business for bride and bridegroom parties to extract money and involve the bridegroom parties in false cases. Unfortunately the offence of Sec. 498-A of the IPC has also been made non-bailable and with over enthusiasm the bail applications of husband and his relatives are disallowed and they are saint to jail. Once it is done there is guarantee that the marriage is to be broken as no husband will like to have his wife back who has sent him and his parents in jail. How the purpose of the law is served by breaking the families? It is a common thing among complainants making reports to falsely implication other persons in addition to real culprit and the result is that ultimately all accused are acquitted. The another enactment is The Protection of Women from Domestic Violence Act, 2005. Now women from all classes are fighting under this law against their husbands and other male persons from the husband’s family and spending most valuable time and money in court litigation and ultimately the women would certainly lose their husbands and will lead a miserable life.

The resent bill has introduced three important amendments. One relates to Sec. 13-B, Hindu Marriage Act. Presently for a mutual divorce application, parties had to wait for six months from the date of filing of the application but now there will be forth with order for divorce will be passed the day application is filed by mutual consent divorce. This may be a reasonable proposed amendment. The second and third amendment is without any logic and reasoning and not based on natural justice. In addition to permanent alimony either monthly or in lump sum is given to the wife now after amendment there is no end of the harassment of the husband by wife and law but now looks to the wisdom of the legislation. On divorce the wife is entitle to share in the assets and wealth of the husband at the time of the divorce and in future also she will have a right to claim share in properties which husband might acquire, purchase or receive after divorce. What is the purpose of doing so? Will this make the marriage ties more firm, secured and strong?  The mockery of law is that the ground of irretrievable marriage if raised by wife it is acceptable assertion but not vice versa. It appears that the present law of India does not lead to justice but injustice to a particular class of persons and such law is always against the principles of legal jurisprudence. Such law deserves to be struck down.

The notion of the government and the so called women empowerment organizations appears to be that women commit no wrong and it is male folk who is always at fault. Go to family courts and see how both these communities behave with each other. The women folk are always at fighting mood and mentally staunch and think that every injustice is being done against them only and they near do injustice to male community.  This is not a general rule of behavior.  It takes two to tango.

 In fact the government has failed on all sides to bring social reforms and changes in the society by social activism and making public aware. Therefore it will be better if licenses are granted for male and female prostitutes so that people may not marry and may have their physical needs legally satisfied. Government should remember that by enacting such bias laws there cannot be any positive change in the society but there will be anarchy in the social life of the general public and it cannot make the life of women folk honorable and respectable which presently exist.   

   

 

 

 
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Without commenting upon the contents of this article, I just want to know that how the contents of this article are related to the Amendments In Hindu Marriage Act.
 

 
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practicing advocate

more power to women.

 
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Instead of generalizing, the author may please take out the proposed amendment clause by clause and comment upon them, for which the community will be grateful.

 
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Arguing my own cases..

Ditto@sifybird
 
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Worker

Kya hoga es Desh ka !

 
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zz

This thread does not seem 2 serve any purpose..........shud be closed
 
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It is not so. PVNamjoshi has got a valid subject. Only thing is when there is Accuracy, Brevity and Clarity in our postings, people aren't turned away. I too have heard that there are  lot of lacunae in the proposed amendments.

In most of the violations, it is the police and lawyers who take the cake and the public suffer as they are not aware of legal manipulations. The biggest blunder of our laws was the 498 a. I don't know, whether it is stil not abrogated.

 
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I have one Query. My sister got married in july 2010. After 2 months of marriage her husband started to ask for divorce. But she didn’t want to give divorce. He blackmailed her. For taking divorce he tortured her mentally and physically hurted  her. Both are government employees. When she goes to work he abuse her through sms and by call. Actually he is forcing her  to  be agree for the Divorce by giving mental torture. He has beaten her many times. Now she has a baby of 4 months. He always blame that she is characterless and abuses her  which is not true. She always say to him that she only loves him. That’s why she does everything what he say. She is tolerating his torture. He always threatens her for divorce. He has some printout of Emails of 2005 when she was in college. In Emails there are some letters written by my sister to her boyfriend. But their relationship was broken in 2005 and after that they never had any contact. They never met again after break up.  Now she only loves her husband. But when her husband came to know about that 5 years old relationship, he started to ask for divorce. He said that he will prove her a characterless girl by showing these printouts of emails and easily take divorce. Many times I told her not to bear all this torture and come to home but She is bearing this torture in the hope that everything will be all right in future.

Actually He wants to do remarriage after taking divorce. We are in big trouble. Please sir tell me how can I save  my sister life. We don’t have any proof except some sms.  My questions are

1)      If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

3)      If she ready to give divorce then who will get custody of new born baby? 

 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do? I am waiting for your reply.

 
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Banana Master

as i said earlier too that there is nothing HINDU in hindu marriage act or bharat ratna DV acts. these are all forced upon us by congress. started by nehru whose sister was facing some problem in her in-laws home, nehru decided to force his personal & family whims on  so called (added Sikhs & others) Hindu population of India but saved muslims with sharia laws. rajiv too helped them with saria laws at the time of sahbano case. but ultra anti indian communist feminazis with active colaboration of UN & other women organizations forced certain acts & laws on entire population. but the most deprived women are still struggling and fruits are eating by rich metro girls for whom only money matters. their fathers first spending money to find "bakras" & later daughters doing "halal" to bakras to get many many many many times higher money.  there daughters are so pathetic that, they can not earn decent livlihood. she hates joint family "jhamela" but love the life as "divorcee"( many time with others hard earned money).

so there is nothing HINDU in HMA. it should be called anti-hindu marriage act .

 
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