I am thinking of doing something about asking and pressurizing Govt. for implementing the supreme court direction to Law ministry to make "Irrevocable breakdown of marriage " a ground for divorce .
If someone wants to join the team please let me know .
Excellen article .
http://www.indlaw.com/display.aspx?2739#_ftnref2
some discussion at
http://groups.yahoo.com/group/saveindianfamily/message/76867
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Thursday, June 11, 2009 - Letter 1st Try, feedback required.
Dear Sir,
Summary: We support the Law commissionβs recommendations about this topic.
We would like to suggest a few things, which we think will help in this suggestion to actually become reality. We would appreciate if someone can guide us who are relevant parties we should talk to help this suggestion become a reality. We look forward to an opportunity to discuss with any relevant persons regarding this. We would be very happy if even a part of this suggestion is implemented, i.e., after 7 years of separation, irrevocable breakdown of marriage should be made a ground for divorce.
About Us: We are a registered non funded NGO, working on gender issue. We get the opportunity to meet several new practical cases every week in Delhi alone, thus giving us a first hand experience & a fair idea about the ground realities. Our press conferences & dharnaβs have resulted in more then 40 press coverages of the NGO in last 1 year; these can be found at www.ghrs.in.
Man has reached moon, science has developed so much. The question is why is that Indian Law can not even allow a mans basic human right to become a father, or in some cases give a women right to become a mother, even if they are willing to do everything legally possible. This is against very basic human rights, or for that matter the right of a living being.
In significant % if not majority of marriage disputes in Hindus, the husband and wife live separate full life. In most of these cases husband have virtually no way to become father, his life is at the mercy of the whims & preferences of one person i.e. his wife. Even if a child is involved fathers are not given custody & visiting for 2 hours a month or 15 days in court after a long fight is just not sufficient.
What we recommend is to add irrevocable breakdown of marriage as a ground for divorce after 7 years of separation. If possible add irrevocable breakdown of marriage should be considered based on balance of probabilities.
Reasons:
β’ Press has already opposed irrevocable breakdown of marriage as a ground for divorce (see annexure of TOI). With opposition from press, National commission for women, Ministry of women and child development, lots of abroad funded radical feminists organizations, if one tries for irrevocable breakdown of marriage in the present form may be nothing will happen like several times before. Press & public will not understand the details implications about irrevocable breakdown of marriage, is what we think. So well abroad & Govt. funded radical feminists will feed the press biased stuff, there is no funded organization that can tell the press the reality from non radical feminists prospective.
β’ There may be some cases where putting pressure on parties that you will waste say 7 years of life in divorce, can make marriages work.
β’ If we put 7 years condition for this clause of irrevocable breakdown, then it will not be easy for well funded radical feminists to brainwash the press. Thus practically little will change but we may be able to pass a law that actually helps more men, & save their basic human rights. In last decade radical feminist organizations funding has increased exponentially, thus their power over press, NCW was formed, WCD ministry was formed, most marriage laws were totally changed gradually & made anti men & anti women who are not radical feminists, this may be the first time that actually a law is changed benefiting more men. We understand considering big Govt. and United Nations paid army of radical feminists & no funding to tell the other side of story to press, officials, any change in Law for men is nearly impossible, still if we put this 7 years condition may be it will become difficult for radical feminists. Also we can use our limited resources to do press conferences, and support Law commission with positive coverage in press about this point that we strongly agree to.
β’ Please see the video of Justice Gambhir of Delhi High Court saying Govt. should listen to Supreme Court & make irrevocable breakdown of marriage as a ground for divorce & his reasons for the same.
β’ Please find attached excellent detailed article about this at http://www.indlaw.com/display.aspx?2739#_ftnref6
β’ Though practically the divorce will still take say 10 years, press & public will not understand this we think. So letβs put this 7 year precondition.
β’ Please find attached 2 of the paragraphs from our website www.ghrs.in regarding this topic, & why lawyers, judges agree in private that so called Dowry death can be reduced to less then 90% by this change.
* Divorce after 7 years of separation should be made easier.
With more then 10,000 complaints of matrimonial discord received every year in Delhi alone. Also the complaints are increasing fast every year. (This manβs rights activists say is due to wrong new Laws made by radical feminists, and due to Govt. funding of feminists organizations.)Significant % of these husbands live-separated full life, as getting Divorce for Hindu husbands is practically almost impossible. Due to LAW preventing them from starting a family, they go through immense pain in life, are devoid of aim or interests, and angry with the LAW and society. Their productivity is reduced; lifeβs are spent in courts fighting dozens of cases, against anti men barbaric LAWs, instead of doing productive work for society. Some lose interest in Life. Government should listen to Supreme Court judgement and make irrevocable breakdown of marriage sufficient for divorce. Honourable Justice Gambhir of Delhi High court also said Govt should listen to Supreme Court Judgement at 17th January 2009, seminar by Rakshak at Delhi. Maintenance is independent of Divorce in any case.
* Reducing so-called Dowry deaths to insignificant is childβs play.
Just change the LAW so that after 7 years of separation, divorce becomes easier, (no fault divorce as in some countries abroad) Feministβs women organizations are not asking for this, nor radical feminists LAW makers at Ministry of Women and child development, are doing this. Instead they actually want the dowry deaths to increase, by putting new LAWs against husbands. This increases funding for feminists; they are interested in the jobs funded by Govt. It is a pain to hear husbands saying that his life will be anyways destroyed by wrong, unequal, barbaric, LAWs for wife and women. So he wants to kill his wife and then kill himself. Muslim divorce and divorce in some other countries are now made easier (no fault divorce). Divorce after 7 years of separation should be made easier.
β’ We know this first hand as www.ghrs.in president Sandeep receives cases every month where husbands are saying they want to do suicide or kill wifes and then go to jail as that is only way for justice against legal terrorists, & barbaric new anti men Laws. Irrevocable breakdown of marriage clause will give them an alternate route for their basic human rights without breaking Laws.
β’ Practically in large number of cases we are seeing. The wife & her family are saying that since all laws are with them the husband has to agree to all what the wife says, write or wrong as she has the legal power. Else she will destroy his & his relativesβ lives.
For example some common cases are.
*Wife expects husband to touch her feet at night else she will start hitting him & threaten him, falsely shout you are torturing me.
* Wife forces husband to leave his parents, then forces him to rent a place near her parentβs house. Then she does not let the husband meet their child by keeping the child at her parents place. She comes to house as hotel sometimes. Husband unable to meet his child. Else we all know his life will be destroyed if he dares to open his mouth in front of wife. Husbands fighting 15, 16 cases, many against state are common, resulting in spending most time in courts only.
In these cases this change of irrevocable breakdown will help make these wives more reasonable.
Another reason Govt. should listen to us & give us appointments is that we are impartial, as lawyers are interested in increasing court cases for their money (though this harms society) & radical feminists organizations are forced to say one sided things to keep getting United Nations funding to change Indian Laws, or to keep getting Indian Govt. money & lots of Govt. posts that are now reserved for women committed to the cause of women only.
Best Regards,
Sandeep Bhartia 9971117829
President, Gender Human Rights Society (Regd.)
www.ghrs.in
Annexture : GhraShobha Editorial in support of Irrevocable Breakdown of marriage. Page 14may II 2009.
GhraShobha Jan II, 2009 also supported this.
TOI articla agains this. Page 14
Edited by genderjustise on Thursday, June 11, 2009 at 3:50 AM