Good, Bad and Worst implication of Hindu Marriage law
amendment #IrBM #Hindu #Marriage #Amendment #Bill
1) Marriages, once which are solemnised as per Hindu Law or Special Marriage Act, will be difficult to be dissolved or to get divorce FREE.
There will be a price to be paid to wife and her family.
So think before you go in for marriage.
2) Some Insurance Company will come up with a plan, where in case of Divorce, Insurance company will pay the divorce decree amount. Good Idea. Insurance Companies should seize opportunity.
3) It will be hell in court, for poor people and lower and upper middle class to seek divorce....Neither marriage will reconcile,... nor they will be able to pay as per court's divorce decree.
4) Even if Marriage will break down irreparably, there will be no divorce without payment.
Husband who are unable pay will languish in wifeless life or they will keep concubines and will seek surrogate mothers to get children. These routes will be cheaper than price which may be fixed by court for divorce. In fact they will never file suits for divorce. They will so behave that wife will be forced to ask for divorce, where they will not have to pay anything.
5) Supreme Court, in two earlier judgement, asked law makers to improve marriage laws.
The law makers have made marriage laws worse and have tightened noose around neck of husband have given other hand of noose in hands of wife.
6) Do you know why people go to court to get divorce?
First they try to reconcile through relatives.
When boy, girl and matrimonial house are not compatible, they try to get divorce by mutual consent.
Here sometimes, demand by wife and her chachu or mamu, is just impossible to meet.
There is no way husband can pay even by borrowing.
Then, lastly, he goes to lawyer and files divorce suit. The point is :- If he is not in position to pay before filing of suit , how will he be able to pay when Judge asks him to pay even more amount at end of suit?
Imagine now the unfolding drama.
It is these people who are going to land in court. They will pay fees to lawyers in instalments.
On every date they will come in court looking like Devdas who is betrayed by Paro.
Every date they will go back home singing sad songs.
The life of husband, wife and children will be spoiled. They will carry trauma for their life.
And what will the Keepers of Law say?
The law makers will say, we left it to judges to pass just orders as per properties of husband and to speedily dispose divorce cases.
Judges will say what can we do when law casts on us a duty to ask for a pound of flesh from husband before giving him divorce!
Supreme Court will say what can we do?
You go to Parliament and change the law! Or tell us why Parliament has no power to pass this law!
We cannot set aside law on ground that it harsh or that it is likely to be abused. These are not grounds for striking down law!
Well, there you are!
Haresh Raichura
30/8/13
