false498a

June 11, 2010

Wedlock should not become Deadlock

Filed under: Thoughts&Articles — Fighting Legal Terror @ 9:59 am

Wedlock should not become Deadlock

This is wrt the news article appearing in various news papers on 10-June-2010 wherein the Supreme Court has observed that “Husbands should forgot about their freedom”. This is a very insensitive remark from the highest court of this country. We at “National Family Harmony Society® NFHS strongly protest to treat husbands as free ATM machine who are punished in a failed marriage even if the wife is at fault.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

This is a well known fact that divorces are on rise in India at an alarming rate due to the heavy misuse of “Gender biased laws” which is breaking the families. Most of the laws in India which were made by British Government prior to the Independence were designed in such a way that it will cause harassment and torture to the innocents and rarely gave justice to anyone.

In the context of Hindu marriage laws which were written long back needs urgent overhaul. This law was written at a time when divorce was rare and the social situation and circumstances were different. Now in a marriage at the drop of a hat women are rushing to the nearest police station to lodge a false complaint of “Dowry harassment” and “Domestic violence”.

The laws which are many decade old and have not kept pace with the changed social circumstances and situations. The law makers are completely unaware of the ground realities. The law implementers namely police are not trained to deal with matrimonial disputes. They approach the matrimonial disputes in the same way as they deal a pick pocket case or a murder case and are insensitive and incapable. The law interpreters namely judges who are expected to deliver justice are unable to see the changed times where a wife is adamant, aggressive and violent and are highly misusing the laws made for the needy such as Domestic violence Act and IPC 498A.

The husband and wife who are caught in the litigation and counter litigation and do not have a way out as the Supreme Court has recently observed that “Whenever a person is married, there is no question of independence”. By making the observations, the court revisited the remarks of the vacation bench of Justice Markandey Katju and Justice Verma of 2009 wherein it had said: “Do what the wife tells you and never question her authority”. Justice Katju had said: “If men want to rule their life then they should always be on the right side of their wife. Otherwise, a defiant husband’s life would be ruled by others.” He said that if the “wife says turn right, turn right and if she says turn left, then turn left”.

The above are highly insensitive remarks from the highest court of this country which considers husband to be a slave and free ATM machine. In this context the decision of the Union Cabinet on 10-June-2010 to approve Marriage Laws (Amendment) Bill, 2010 to further amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce is laudable. It provides for a way out for the litigating couple and a glimmer of hope that “Wedlock should not become Deadlock”.

Jai Hind

P Suresh, President, Family Harmony Society

www.498a.org.in

www.family-harmony.org

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2 Comments »

  1. Hmm so Where do we ring the bell? ab kahan bell bajaou?

    http://indianhusbands.blogspot.com/2009/06/ab-kahan-bell-bajaou.html

    Comment by Jinesh Zaveri — June 11, 2010 @ 4:39 pm | Reply

  2. it’s a shameful remark by the apex court.
    the apex court itself is directly saying that a husband has no fundamental right to freedom?
    What abt lower courts then?
    Because apex court itself is so insensitive, that’s the reason lower courts r highly insensitive.
    They know they can get away with anything they do with their judgements.

    Comment by AbhishekG — June 11, 2010 @ 6:45 pm | Reply


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