Originally posted by :Tajobsindia
Brother @ lawyer
1. In a civil marriage husband and his sides burns a bride - tell yourself what civil remedy you propose to victim family in this civil marriage J
Will paying Rs. 200 civil fine by accused husband / his side of family suffice the offence committed thy name oh marriages are civil !!!!
Or will a verdict to parade naked husband and his side for 10 minutes in public a better civil remedy which suffices the offence committed thy name oh marriages are civil !!!!
2. In a civil marriage husband and his sides mentally tortures a bride and her natal home members for bringing insufficient dowry per se - tell yourself what civil remedy you propose to victim family in this civil marriageJ
Will asking to pay full dowry now to victim family suffice the offence committed thy name oh marriages are civil J
Or bringing out a commemorative Postal Stamp of husband / his side of family to commemorate offence of mental cruelty committed by him / his side suffice thy name oh marriages are civil !!!!
3. In a civil marriage husband and his sides kills a female child - tell yourself what civil remedy you propose to victim family in this civil marriage J
Will asking to pay for ultrasound charges now to victim family suffice the offence committed thy name oh marriages are civil J
Or confirming City / Town Ratna commemoration to husband / his side of family to commemorate offence of female infanticide committed by him / his side suffice thy name oh marriages are civil !!!!
and or do you have better civil remedy on some of the above illustrations as proposal to put before Legislatures and I assure you next time I and or people known to me are invited before Parliament Committee on marriage laws reforms I/we will carry printout from a so called 'corporate lawyer' for making it as a Law (Amendment)
Now I have parting question to you and the question is tell us which all law subjects you studied and name of Institution to become a corporate lawyer ? Be honest for a moment bze this time you cleverly omitted ‘religion’ and answering 'tell us where in HMA it clearly says marriage is a religious duty' before asking the above second question.
Reason I ask the question is that you seems to have never studied about “offence” which has usage in all sorts of matters related to social institution called marriage.
You need to understand that civil institutions and rights in this country come before anyone's belief in any "GOD" or in any doctrine. This country is primarily based on politics not religion. What is making you believe that religion/religions run this country? Religion doesn't run a damn thing. You have the freedom to choose and practice religion but the government is strictly about politics. Marriage is a civil institution that gives religious and non-religious people the option of having a religious ceremony as per Act be it HMA, IDA and or SMA etc. for a further simple reason these Acts have allowed via Amendments till date for divorce as well as widow re-marriage and had religion been strictly followed in these Acts then these two are strictly banned and not spoken about as per religion and if we are talking specifically about Hindu Marriage Act being religious Act further being sacrosanct then is it so today think aloud and wake-up HELLO!!
let me answer your point if any.
now according to you every civil marriage husband burns wife, tortures wife mentally, kill female child, according to you these things cannot be civil, these things should be punished. well lets see:
1] burning bride is a murder. it is a criminal offence. it should be a criminal offence, there is no objection from my side.
2] mental torture is not so dangerous an offence that need criminal punishment. mental torture generally takes shape of qurral, which is very common in household all over the world. would you never engage in a verbal fight with your wife sir? mental torture is a sort of verbal fight. it is not physical at all. so i don't think it is just and fair to send a man for a 3 yr. jail term for verbally fighting with his wife. a fine with divorce would work well in that case.
3] killing female foeticide is not possible if wife does not consent. she is carrying that fetal. if she does not consent, husband cannot remove that fetus also it depends on social and economic condition of the family. .for this, i don't think husband should be send to jail.
lastly i want to say that wife also sometimes kill husband, mentally torture husband and his family, kill female foeticide herself. why you do not admit that? why according to you it is always husband who tortures wife?
isn't your view a little one sided sir?
you don't know what this so called corporate lawyer can do for justice. marriage law should be amended and adultery, bygamy, and other marriage related crime except dowry death should be made civil.
i ask that first question that marriage in hma is religious, so that you admit it as civil contract. it is tricky question, often used for cross examination because once a witness admit something, he cannot later deny that.
according to me we should not study law blindly, rather evaluate law or to see if law is just or partial. if law is partial, unjust, then not only lawyers but also common people bound by the law should protest against it. i think sir you don't believe in such principle. i think that you are very inhuman, highly partial and carry some blind faith inside your mind which is not only unhealthy for society but also for your life too.
you behave like you are the knower of all law and no body knows anything. you may be. but you can't think or evaluate if the law is just or unjust. isn't our political leaders exploiting us through law? you can't think. you are just like a encyclopedia of law and such an encyclopedia cannot be a good lawyer because lawyers have to think.
you view is also one sided. you don't see two sides of the same coin. you fail to realize that women are as powerful as men, as abusive as men, women can do same thing as men do even worse. i have read in newspaper that mother throws her child from hospital room or mother try to kill or killed her child in hospital room. perhaps you never saw this or never want to admit these. there is no point of talking to you sir. you cannot be a lawyer no matter from where you get an llb degree. i don't want to know at all.
this country is not religious?????? i can't believe somebody in a lawyers forum can tell such a big lie. in india there is more religion than science. religious foundations, gurus , babas are getting more money than a scientific institution. satya sai gathered almost a huge mount of wealth than tata cancer research center. so i don't have to give more example of religiousness of india here. you can do a little research and see itself.