Is Marriage Law Amendment as harmful as media projects?
Not any different than usual, media is raising false alarm and creating chaos. From the surface it may appear to be a cheap attempt to attract more viewers. But those who have read the book “Propaganda” by Edward Bernays will think a few levels deeper, for sure. The effect of this news on society as a whole is obviously detrimental. It is a conscious attempt to dismantle the mutual trust between men and women in general and towards the institution of marriage in particular.
Most people do not bother to read the bill and figure out what it is all about. Those who are fueling this destruction of society is counting on that lazy attitude. No where in this bill it talks about property of husband. Neither it talks about any specific percentiles whatsoever. Another concern that people raise is about the chances of wicked women making marriage a business to grab the property of men. This is also too far away from the facts.
For any one of the spouse to move a divorce petition based on the new amendment, under section 13C(1) the primary condition is to have at least 3 years of continuous separation, which has to be proven with evidences. This is absolutely not similar to the “No Fault” divorce as in the west. Even if wife is forwarding the petition on that grounds, husband will get a chance to tell the court his side of the story. Section 13C(2) guarantees the prevention of abuse. Women cannot leave the matrimonial house just for the purpose of grabbing property. In the event of such a separation husbands can file petition for Restitution of Conjugal Rights and if wife is still not rejoining, that will make the husband’s part stronger when the matter reaches the court for divorce. Section 13D mandates the court to consider all the circumstances including conduct of the parties. More over the question of GRAVE financial hardship arises ONLY when women is respondent to such a petition, which means only when husband files petition under 13C(1), courts are mandated to eliminate the respondent’s hardship. Most important point to be noted is that, this way of elimination of financial hardship is not mandated to be out of husband’s wealth! Only the maintenance of children are mandated to be out of the parties’ wealth. Here the word “parties” definitely needs to be highlighted; in other words it should be out of both spouses’ income.
Generally speaking, this bill do not make any difference to men unless they want to utilize 13C(1). As far as women are concerned, they got one more option for divorce which is basically useless from a radical feminist stand point; just because it doesn’t empower them to rip off husbands. But of course it will help them to push the entire husband’s family into law suits, both of criminal and civil nature, and walk away from that relationship after 3 years.
At present, after men of Indian origin across the planet, have united against the conventional legal extortion tools like IPC 498a, CrPC 125, HMA 25, PWDVA etc, those unscrupulous women carrying criminal brains over their shoulders were forced to come to the negotiation table in order to find a logical end of their false allegation drama. This bill, when passed, will give such women a slight relief to get going with their new life. But that doesn’t mean all the doors are shut for men who have shown courage and determination to fight back. Changing the original highly destructive bill to a reasonably harmless bill pays off the hard work of those fighters. Kudos to you guys and many thanks to Mr.Veerapamoily.