Home > Parliament > Opposing MARRIAGE LAWS (AMENDMENT) BILL, 2010

Opposing MARRIAGE LAWS (AMENDMENT) BILL, 2010

To:-      

THE COUNCIL OF STATES (RAJYA SABHA)

The petition of Suresh P, XXXXXXXXXXXXXX, Bangalore

Sheweth

1) Amending section 13D of the MARRIAGE LAWS (AMENDMENT) BILL, 2010 to make it gender neutral

2) Condition of finishing all litigations between the Husband and Wife before granting divorce in grounds of Irretrievable breakdown

and accordingly your petitioner  pray that

“Special provision be made in the MARRIAGE LAWS (AMENDMENT) BILL, 2010 so that In cases where the husband is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, he also may oppose the grant of a decree on the ground, just like the wife that the dissolution of the marriage will result in grave financial hardship to him and that it would in all the circumstances be wrong to dissolve the marriage”

And

“An amendment will be inserted into the MARRIAGE LAWS (AMENDMENT) BILL, 2010 that decree of divorce be granted only when all litigation including but not limited to child custody between the husband and the wife has been resolved to the satisfaction of either of the parties, with the post condition that no party will initiate any other litigation against each other once the divorce decree has been granted”

And

“Since this amendment is brought by Law Ministry in hurry without any public debate hence this BILL be returned to the Law ministry to consider the strong objection of the citizens of this country and bring in fresh BILL which is gender neutral”

 

To,
The Secretary-General,
Rajya Sabha, Parliament House,
New Delhi 110001

Subject: Prayer to return back the proposed MARRIAGE LAWS (AMENDMENT) BILL, 2010, to Union Law Ministry as it is not Gender Neutral and unconstitutional and brought to the Rajya Sabha without any public debate and opinion and also there is heavy scope of misuse of the proposed amendments.

Honorable Secretary-General,

This is with regard to the proposed MARRIAGE LAWS (AMENDMENT) BILL, 2010 tabled by the Honorable Law Minister Shri Veerappa Moily on the table of the Rajya Sabha to amend the Hindu Marriage Act and Special Marriage Act to make Irretrievable breakdown a new ground for divorce. We strongly oppose the proposed amendment to the Hindu Marriage Act on the following grounds among others.

Grounds

1.            Proposed amendment is not Gender Neutral

We would like to bring to your kind notice and attention that Honorable minister for law and justice has promised in the past to make all the new law to be Gender Neutral and amend the current laws to be of Gender Neutral. Please refer to various media report published in this regard.

http://timesofindia.indiatimes.com/india/Gender-neutral-laws-in-4-yrs-Moily/articleshow/ 5496423.cms

The proposed amendments are not gender neutral. Though the promise of the law minister regarding Gender neutral was not made on the floor of the house but even then being a Union Minister he cannot keep making promise to the citizens of this country and do contrary things on the floor of the house. We feel misleading the citizens of this country should equally attract contempt proceeding as misleading the floor of the house.

2.            Proposed Section 13D of the Irretrievable Breakdown of marriage law duplicates the Maintenance laws once again

There is a very severe and disturbing trend these days for create duplicate laws in the Gender area when existing laws serve the same purpose. Indian Maintenance laws where maintenance can be demanded by a wife using 5 separate laws namely HMA 24, HMA 25, CrPC 125, DV Act Sec12 and Hindu adoption and succession Act (Section 18). Most litigants use at least 3 at any time to maximize their gains from misusing maintenance laws. If the proposed BILL is passed then there will be total of 6 sections under which a Hindu women can claim maintenance. This will lead to unnecessary complications and duplication of laws. 

3.            Discrimination against Indians Fathers in Child Custody cases will increase

A divorce between husband and wife should not become divorce between father and children. In the best of children a separation between husband and wife should also include provisions on mechanism to deal child custody matters. It is universally accepted fact that a child can be brought in the best manner if he/she gets shared parenting. The proposed BILL is silent on the issue of Child Custody.

4.            The Controversial sections

Under Proposed Section 13 D Wife has right to oppose petition on grounds of “Financial Hardship”. It clearly ignores large number of cases where husbands have filed for maintenance under Hindu Marriage Act from wife. It is really unfortunate that a Law even at the stage of proposal has loopholes and do not have provisions to deal with all permutations and combinations of litigation which can arise in a court of law. A law must be made by thinking of all possible scenarios which can arise in present and future. We feel our law makers have miserably failed while drafting this BILL.

5.            Against the intension of the Supreme Court

The proposed BILL is totally against the basic intention of the Supreme Court Judgment “Naveen Kohli vs Neelu Kohli on 21 March, 2006“ in which the observation made was:

“marriage between the parties had broken down irretrievably with a view to restore good relationship and to put a quietus to all litigations between the parties and not to leave any room for future litigation, so that they may live peacefully hereafter, and on the request of the parties, in exercise of the power vested in this Court under Article 142 of the Constitution of India, the Court allowed the application for divorce by mutual consent filed before it under Section 13-B of the Hindu Marriage Act and declared the marriage dissolved and granted decree of divorce by mutual consent.”

From a plain reading of the above observation it is very clear that the intention of the highest court was to give relief to both the parties out of a dead marriage so as to close all the pending litigation between parties so that they can spend the remaining part of the life peacefully. But unfortunately the proposed BILL is completely contrary to the intention of the Supreme Court observation. The proposed BILL is silent on what will happen to the pending cases like Domestic Violence Act, 498A IPC, Child Custody, CrPC 125 and any other Civil and Criminal cases.

6.            No public debate or opinion was sought

It is really unfortunate that no public opinion or debate was sought before proposing such an important amendment. We the common citizens of this country, were kept in complete dark and came to know about the proposed BILL when the Cabinet approved the proposed BILL and was widely reported in Media on 10th June 2010. Government did not consider to even obtain the opinion of the NGOs working across India to seek their opinion on the proposed BILL.

7.            BILL do not cater to every section of society

Any amendment to an important Act must be done in such a careful way that it should cater to all the sections of the society. The social system in India has undergone dramatic and sweeping changes in the last decade due to the liberalisation and booming of the economy which has given opportunity to women who are economically well off and financially independent. Just to think that women are only weak and need protection and it is always MEN who are harassing a wife shows complete disconnect of the Law Ministry from the ground realities. We would like to draw your attention to the fact that Women are increasingly doing crime and violence against MEN is being widely reported by Media nowadays. In this context, not allowing husband to break from an abusive and violent wife is injustice and in this context the proposed BILL is a disaster.

8.            No study was done regarding the impact of the BILL

Law ministry has not done any study or research to see the impact of the proposed BILL on the society, burden on Judiciary, Misuse etc. The social impact in India of the irretrievable-breakdown clause should be rigorously studied and watertight safeguards for both genders including children must be put in place before it is introduced.

Prayer

We vide this petition pray that the following amendments be inserted into the MARRIAGE LAWS (AMENDMENT) BILL, 2010

1.            Amend 13D to make the law gender neutral

13D to amended to ensure that both spouses may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to them and that it would in all the circumstances be wrong to dissolve the marriage. The decision of satisfying the financial responsibilities will then depend on the court and this would be decided based on the merits of the case.

2.            Condition of finishing all litigation before divorce is granted

In keeping view of the intention of the Supreme Court the proposed BILL must be amended to make sure that all proposed litigation between the parties are settled before granting divorce under the proposed section.

3.            Fresh process of amendment be started

For the reasons best known to the Law Ministry, no public opinion was obtained from the common citizens of this country before bringing in the necessary amendments to such an important Act. The common man of the country came to know about the amendment when the cabinet cleared the BILL and it got wide publicity in the media.

Yours Sincerely

 Suresh P, XXXXXXXXXXXXXX, Bangalore

Advertisements
Categories: Parliament
  1. sharadha
    February 23, 2011 at 12:04 pm

    plz sir, plz bring this ammendments into effect so what gridges r between couples is raising day to day give break by bringing this ammendments in effect atleast rest of life can be shared with other understandable partner by doing delay our remaining lives r going spoiled so bring this ammendment and from any one side who asks for divorce plz understand

  2. amar
    March 24, 2012 at 5:48 pm

    The HMA amendment bill ,2010 is the latest among the long list of gender biased laws in India which is going to create another legally sanctioned extortion racket after 498A . The fact that wifes would get a share of husband’s property( vice versa is not true) and men can’t oppose if wifes invoke ” ‘irretrievable breakdown of marriage’ (vice versa is not true), could be easily mis-used as extortion rackets. Women could marry risch and successful men for few years , use the new clause and stake claim to property worth crores of Rs. This could be the last nail on the already fragile Indian marriage institution. It will lead to west type Live in relationships without marriage or extortions . All sane men and women needs to oppose this proposed amendment as this is going to wreck the marriage institution

  3. Rajini
    March 25, 2012 at 2:15 am

    The government is continuously, vigorously working to destroy our traditional family system to make India as open big market for consumer items.

    We must fight together

  4. Kuldeep Singh Pawar
    May 20, 2012 at 11:36 am

    13-D is a wedding Gift to a violent and aggressive women in the Indian society. Why should’nt the western people laugh at the Indian Parliment ??

  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: