No-Fault Divorce (Section 13B, Hindu Marriage Act 1955) requirement of 1-year separation should be removed.
Estranged spouses can mutually agree to a settlement and file for a “no-fault divorce” under Section 13B of the Hindu Marriage Act 1955. All marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976, are entitled to make use of the provision of divorce by mutual consent. However, for filing for a divorce on this ground, it is necessary for the husband and wife to have lived separately for at least a year. This requirement of 1-year separation is the root cause for disputes, resulting into divorce cases, and henceforth harassment for both the families. I agree that family pressure from both sides can make the couple reunite. But mostly this results in filing of a divorce case which eventually turns into an embarrassment for both the families. Lawyers sometimes suggest ways to bypass this one year requirement, so why have it in the first place ? Please discuss if time permits. more
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IT IS QUIET NATURAL EVERY-BODY CARRIES A SOFT AND COMPASSION CORNER ON LADIES BECAUSE OF THE VERY FEMALE QUALITIES . WHERE THSES QUALITIES ARE LOST OR SET ASIDE , SUCH ARE PUSPOSEFULLY BE TREATED EQUAL WITH THE OTHER GENDER . THERE ARE SO MANY WOMEN WILLANS , ROBBERS , SMUGGLERS AND EVEN TERRORISTS . THE POLICE STATISTICS IF OBSERVED FOR THE LAST 5 TO 10 YEARS , THESE INCIDENTS ARE MUCH MORE RIGOROUS . SO , IT IS NEEDLESS TO ESTABLISH AND APPLY NOW ACCORDING THE QUALITIES CARRIED AND ADHERED BY THE GENDORS AND NOT THE SIMPLE GENDER NOMINCLATURE . HOWEVER, AS LONG AS THE :: A , B , C , :: REMIDIES OF MY ABOVE SUBMISSIONS ARE NOT PERFECTLY ADDRESSED IN RECOGNITION TO THE INDIAN WOMAN AND INDIAN MARITAL LIFE , THERE WILL NOT BE ANY PEACE NOT ONLY THOSE THREE FAMILIES , BUT ALSO TO THE POLICE , GOVERNMENT AND JUDICIARY APART FROM THE HOLY INDIAN SOCIETY AND INDIAN HERITAGE . HERE, INTHIS CONNECTION , PLEASE HAVE A REMEMBRANCE OF THE KILLINGS , MURDERS , DIVORCE & FAMILY ISSUES BEFORE RESPECTED BILL CLINTON RULE ;; AND THAT OF FROM AND AFTER HIS RULE . THERE HAS BEEN RECOGNIZABLE CHANGE IN THAT SOCIETY WHICH WAS ALSO HELPED-UP BY SATYA SAI SPEACHES , HARE RAMA HARE KRISHNA - ISKON REFORMS. WE HAD OURSELVES PAVED A DIFFERENTIAL PATH WHATEVER NECESSIATED AND I ENTIRELY CONCLUDE THAT IT HAD BEEN HURRIED AND ALSO SELF-YIELDED. PLEASE REMEMBER THE TWO DIFFERENT VERDICTS OF SUPREME COURT IN TWO DIFFERENT CASES FOR INDIVIDUAL RIGHTS OF [ I ] WOMEN JOINT LIFE LEAD BEFORE MARRIAGE [ II ] WOMAN'S PROTEST IN MARITAL LIFE . THE INDIVIDUALITY CAMPAIGNS UNDER MODERNIZED CIVILISATION LEADING IN ALL AND ITS EFFECT ON THE MARITAL LIFES AND SOCIETY WILL BE ABNORMAL AND THAT CANNOT BE SOLVED BY ANY EXCEPT THOSE DIRECTLY EXPERIENCED. THIS ONLY BECOMES THE OUTCOME OF JUSTICE IN SUCH ISSUES INSTEAD OF LEADING THE WHOLE SOCIETY AND THE NATION WITH THESE CONTIUOUS INDIVIDUAL EPISODES OF THOSE IDIVIDUALS THAT ARE NOT EVEN 0.0000009 PERCENT IN OUR POPULATION more
Apr 03
In divorce cases, women are given preference and they even have the right on properties made by husband after marriage. Only dowry paid (in terms of jewellery or property) should be returned. In South India, mostly dowry includes property assets also, sometimes in the name of the groom (husband). All other property assets if made after marriage (and if only in the name of the husband) should not be considered as part of alimony. In fact maintenance expenses should also NOT be levied on husbands. Parents or other guardians of the women (who is being divorced) should bear the same. Of the divorced women, most of the women are educated and some are even working women. Hence maintenance charges also do not make any sense. In every Divorce, Husband and Wife, both are equally responsible. To say that women are oppressed after divorce would be a wrong statement in today's developing society. Why should Husband bear ALL the expenses in divorce cases ? This is a serious issue which if not addressed timely will deteriorate our Indian society further. more
Apr 03
AS ALREADY PUT FORTH , THE REMIDY FOR COMING OUT OF THE DIVORCE ETC., INDIAN WOMEN AND MEN MENACE IN ADDITION TO SERIOUS UN-REST AND ILL TO THE INDIAN SOCIETY IS TO :- A. PROPERLY REDRESS AND REMOVE THE SOCIAL OBSTACLE CLAUSES OF ALLOCATING PATERNAL PROPERTY RIGHTS TO MARRIED WOMEN . B. REMOVE THE CAUSE OF MAKING FEMALE CHILD ALSO RESPONSIBLE TO TAKE CARE AND FEED OF HER PARENTS EVEN AFTER HER MARRIAGE SINCE IT OBVIOUS AND UN-DOUBTLY CLEAR THAT NONE CAN INSIST ADHERANCE OF SUCH ECONOMICAL RESPONSIBILITY OR FOR ITS LEGAL IMPLICATION. IT IS ONLY THE HUMAN AND SOCIAL RESPONSIBILITY THAT TOO BASED ON THEIR ECONOMICAL BACKUP. C. THE ONE YEAR SEPARATE LIFE LEAD IS ABSOLUTELY SUCH THAT IT PRECIPITATYES NOT ONLY THE GOOD OF MARITAL LIFE , BUT ALSO STRONGLY AND DANGEROUSLY INSTIGATES AGGRESSIE AND EVEN DISGUST INCIDENTS THAT ARE NOW EVIDENTLY PREVAILING IN SUCH ISSUES IN THE SOCIETY. CERTAINLY IF THIS CLAUSE IS REMOVED OFF , THERE WILL THE REAL PROLIFIC AND SAFE PRIOR THOUGHTS THAT WILL HELP THE INDIAN MARITAL LIFE. SECONDLY , IT IS OBVIOUS THAT AFTER HAVING ALTOGETHER AND COMPREHENSIVE THOUGHTS AND DISCUSSIONS ONLY THEY OPT FOR DIVORCE ISSUE . THEREFORE , ANY DELAY IN AWARDING DIVORCE IN THE COURT OF LAW , WILL LEAD TO ALL SORTS OF SERIOUS ILLS NOT ONLY TO THE WIFE AND HUSBAND , BUT ALSO THE BOTH THE FAMILIES OF THEM . THIS IS ALREADY IN EXPERIENCE ROOTING THE NEED OF THIS DISCUSSIONS. ================ FURTHER , I REMEMBER THAT EARLIER THERE WAS A CLAUSE OF COMPULSORY LIFE LEAD OF MARITAL LIFE BY BOTH HUSBAND AND WIFE AT ONE SINGLE HOUSE AT LEAST FOR A PERIOD OF 2 YEARS . == THIS HAS INDEED SERVED THE BEST IN THE INDIAN MRITAL LIFE .======SUCH A CONDITION WILL FULLFIL THE HERITAGE OF A FAMILY OR MARITAL LIFE SINCE ANY ATROCITIES ON WOMEN OR MEN COULD BE IMMEDIATELY ADDRESS FIT INCLUDING AWARD OF DIVORCE. THANK YOU FOR GIVING THIS OPPORTUNITY FOR THE GOOD CAUSE OF INDIAN MARITAL LINE AND INDIAN HOLY WOMEN. more
Apr 03
AS ALREADY REITERATED , THE AMENDMENT BILL OF 2005 EXTENDING RIGHTS ON PARENTAL PROPERTIES TO EVEN A MARRIED FEMALE , IS ONE AND ONLY THE PERMANENT HAVOC CREATOR IN THE HOLY INDIAN FAMILIES BESIDES THE NEWLY DEVELOPED INSPIRATION TOWARDS INDIVIDUAL LIVERTIES EVEN AT THE COST OF A FAMILY LIFE AS HAD BEEN SET TO TWO EXAMPLES BY ME EARLIER ON THIS SUBJECT . AS LONG AS THE ABOVE TWO ARE CARRIED IN INDIAN TERRITORY , THE ILLS ON MARITAL LIFE CANNOT BE REDUCED TO THAT OF TWO DECADES BACK . THE SET OFF OF CERTAIN HERIDITORY & SOCIAL BINDINGS BY THE GOVERNING RULERS IS CREATING UN-REST IN MULTIPLE ISSUES . WE CON'T DO ANY THING . THEY PURPOSELY CARRIED SO . PLEASE GO THROUGH THE RECENT COMMENTS IN WOMEN SAFETY POST ;; AND MY POST ON " CAN ANY BODY OF OUR CONSTITUTION STOP PURCHASE AND EXPORT OF INDIAN WOMEN ? " . IT IS THIS FACT THAT HAS BEEN DOING ILLS TO THE INDIAN WOMEN SOCIETY WITH INTERNATIONAL FUNDS AND THE EASYEST WAY TO HAVE A GOOD NUMBER IS ONLY ON CHANGING THE FEMALE SOCIETY THROUGH THE SELECTED IN OPERATION IN INDIAN SOCIETY. PLEASE UNDERSTAND THIS HIDDEN SECRET AND ANALYSE THE CARRYOUTS AND CHANGES . more
Mar 30
1. THE THIRST TO BRING EXTRA-ORDINARY SAFETY OR SECURITY MEASURES , THE HURRIED AND UN-THOUGHT FULL PROPERTY FROM PARENTS OF MARRIED WOMEN ; AND THE UN-CONDITIONAL PROPERTY FROM HUSBAND ON DIVORCE FOR A WOMEN ; --------ALONE AND REALLY PROBLEM MULTIPLY ING ROOTS FOR THE WOMEN MENACE. THERE SHALL BE A CLAUSE THAT A DIVORCED WOMEN LOSES RIGHTS OF PROPERTY IF SHE MARRY AN ANOTHER MALE . THIS COULD HAVE AVOIDED THE WOMEN MENACE SINCE LAST FIVE YEARS. THE GOVERNMENT ITSELF IS THE CAUSE OF ALL THESE FAMILY CALAMITIES AND DEATHS FOR WHICH THEY LOST IN ALL THE STATES AND HAD TO SIT FOR A FIT 44. IT IS NOT THE WOMEN , SINCE AFTER THE NEW AMENDMENTS , THE MALES FAMILIES WENT INTO CALAMITIES OF WHATSOEVER TYPE. IF DEEPLY ANALYSED THROUGH THE CONCEPT OF SOCIETY , INDIAN WOMEN , BEING GIVEN HIGHER INDIVIDUALITY AT THE COST OF THE MARITAL LIFE-LEAD , -------ARE OPTING TO GO FOREIGN COUNTRIES WHERE THERE IS DEMAND FOR LADIES AND FOR A PROOF THE INCIDENT, ON 17-03-2015 , IN Visakhapatnam City , A. P. STATE , A TEAM OF LADY EXPORTERS WERE ARRESTED BY WALTAIR POLICE . THE MAIN MONITOR IS A LADY EXPORTING SUCH LADIES TO MALAISIA ETC., WITH THE HELP OF THREE MALE ASSISTANTS. ONE , AT LEAST , I DOUBT , THERE IS AN INTERLINK WITH THE CHANGE OF OUR HOLY INDIAN SOCIETY AND THAT TOO HOLY-NESS OF INDIAN LADIES WITH THE PLANNED BUSINESS OF EXPORT OF INDIAN WOMEN TO FOREIGN COUNTRIES. THIS SHALL BE IMMEDIATELY STOPPED ----BY ANY OF THE BODIES OF OUR HOLY CONSTITUTION.---PLEASE HELP IN THIS ISSUE ALSO. more
Mar 19
