Judgment by Bombay highcourt against wife. good one.

highcourt bombay1http://epaper.bhaskar.com/detail/?id=381726&boxid=2304716296&view=printimg&editioncode=56&pagedate=02/03/2014&pageno=2&map=map&ch=cph

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sensitivity towards women or towards victim ?

last few days there have several instances where over and over again it has been said that system – police and judicial system should be sensitized to women issues. in a situation where even apex court has agreed that some women are misusing laws to harass other men, women, elders I wonder if we should say ; the system should be sensitized towards the sufferer, the victim.

The judiciary since ages has been respected for just one thing – delivering justice to victim in an impartial way, should it not be left out of political and feminist motives  and remain true to the basics of law and justice so as to preserve its divine image ?

think.

A male can be victim  at hands of  female – can he expect justice  in a system where as soon as a male is exposed to misuse of law the first thing he is told is – system is partial towards / tilted in favour of women complainants. this starts from police station , lawyers office and the court complex itself though I have not come across any Judge who said it openly in my face.

think: does it enhance the image of judiciary ? does it help in eradication of crime or eradication of misuse of law – does it help in making a better society ?

In our society who holds the responsibility of  assuring a male  entangled in gender based litigation including divorce, domestic violence and dowry related cases that he can look forward to a fair impartial trial and that judicial system is not gender sensitive but victim sensitive  , is it the government  or law enforcement agencies like police, media , NGOs or the Judiciary itself  through words and actions ?

And even despite such views/ conditions if a male fights back and wins should he not be rewarded  for showing faith in judicial system and not giving in to pressure for an out of court settlement ? should the woman who misuses law be not punished ?

me thinking- you also think.

kindly share views.

Misuse of laws- isnt it an Anti- National -Activity ?

Constitution of a nation is designed to ensure welfare of its people and laws are designed to ensure justice in line with national constitution.

the people who go against law are known as criminals because they go against the law of land,against the constitution of nation but what about people who misuse the laws for their own selfish purposes ?

what about people who promote such activities by promoting such wrong doers or by saving such people ?

Are such people not criminals ? should such people be not declared antisocial/anti national  personalities ?

when going against law is taken as insult to constitution then why  women or  men who misuse the  law are not termed as traitors and punished accordingly ?

When will we start respecting our Law  and till when we shall keep on letting such  law abusers spoil lives of others ?

I am trying to find an answer, if you have kindly share. If you dont have, ask someone around you, ask the person who represents you in parliament, but kindly think and answer.

Gender based Discrimination In India

Since last few days , everyone in India seems to be concerned about gender based discrimination in india, politicians,all media persons and it seems to be the most common  question asked in interviews on Tv- “are women safe”.

it is a matter of national concern.No doubt gender based discrimination in India. lets see how :

since centuries in Hindu culture a man promises to wife at time of marriage : wife – from now on you are 50% shareholder in my good deeds while you retain sole ownership of good deeds committed by you. I as husband will share 50 % of your bad deeds and you will not share my bad deeds.- just see who is the sufferer ?

Since ages in the gifts given to wife constitute her exclusive property called as Istridhan which a husband can not touch without her permission , husband has no such exclusive property after marriage which wife can not share. discrimination – yes but see who is the sufferer ?

a husband can be punished for alleged cruelty committed on wife but a wife goes unpunished even after proved cruel. – discrimination – yes but see who is victim ?

( if anyone has judgement where a wife has been punished/jailed for cruelty against husband through false allegations, false affidavits in legal proceedings – kindly share details.)

saving the marriage is sole responsibility of husband – if the marriage breaks, he pays alimony and wife retains all what is her. this distribution of assets is irrespective of the person who is cruel or who initiates the divorce.

discrimination- yes but see who is victim .

( if anyone has any judgement where wife who is earning more, posses more assets than husband has been ordered to pay alimony to husband / maintenance to husband especially when conduct of wife has been proved to be cruel- kindly share  )

There is a full fledged ministry for women welfare for men- none exists- discrimination on gender basis- yes but see who is victim.

National crime research beuro records don’t say that crimes against men are nil still everyone from government to feminists to media claim: India not safe for women, where as it is equally or more unsafe for men. 1 man commits suicide in india every 6 minutes , suicide rate for married men is double as compared to married  women in India. these figures are not my brainchild, kindly go through NCRB data which nobody wants to talk about when talking about how safe are women, of course no one wants to talk about safety of men or even safety of citizens instead of safety of women

– discrimination on basis of gender- yes but see who is victim.

a man who has a family and kids dies while saving his neighbor from some hooligans- story dies on TV after 2 days with no support to family- no honors. – no candle marches. for females the story is different.

Just Think. Your son is going to live in the same setup. he may be subjected to cruelty and made to pay for getting out of an abusive relationship and his suffering may be ignored by the society just like you are ignoring victimized men in today’s date.

I don’t think there is anything more than a balanced society which we  our children deserve.

just think – are we  going to give it to them ?

views,ideas, constructive criticism welcome.

judgements related to saptapadi in hindu marriage.

I am giving some links regarding saptapadi as in legal terms. it is strange that when no saptapadi mena s no marriage wrt hindu marriage in legal terms then why the meaning of saptapadi is being ignored while giving alimony to wives who are cruel ?

this is one of the latest judgements.

http://archanafoundation.blogspot.in/2012/02/if-saptapadi-homa-are-not-performed.html

.

http://www.indiankanoon.org/doc/99351/

http://www.indiankanoon.org/doc/358783/

a lots of judgements related to subject, take time and read

http://www.indiankanoon.org/search/?formInput=saptapadi&pagenum=7

 

A cruel wife needs to be punished for filing false affidavits as well as subjecting cruelty on husband.

Divorce should not be treated as a bonus to a victimized husband and punishment to a violent wife.

I  understand that the judge alone knows on what grounds he gives the decision as he is fully aware that judgements are going to be followed by lower courts and may set a trend leading to a social change .

Marital Rape- who should be prosecuted in reality in such a case

yesterday while watching TV came across a discussion on marital rape , hope you can view a part of it here

http://ibnlive.in.com/cnnibnshow/Face-the-Nation/371071.html

during the discussion what caught my attention was a comment – logic given by a feminist speaker which went like : “many times girl is not consenting to marriage and has to face marital rape by husband later on. marriage is not a license for sex blah blah” .

on closer examination of this statement we can see that :

there are 3 parties to a marriage where the consent by  girl is not given

(a) the Girl – future victim  – possible suffering.

(b) Husband – future accused – heavy suffering

(c) family/parents of girl who take forcible consent of girl : relieved of getting rid of daughter and her financial responsibilities.-  no punishment – no suffering.

The girl forced into consent for marriage may not be ready as well as not desirous of a physical relationship with husband- can lead to trauma.

but is she the real victim in such a case ?

Absolutely no.

The real victim in such case is husband.

a man who has been conned into a relationship is all set for a shock . there is no doubt that sex is a vital part of any marriage accross the world, thats why denial of conjugal rights or absence of conjugal relationships is a ground for divorce.

so if a man finds him such a situation –

should he treat the abla wife as sister, remarry her by giving away his assets ?

should try to assert his right and be booked for rape ?

take up the matter with family of wife and as a result find himself trapped in 498a ?

It will be the man who has been exposed to a fraud by family of wife so why should he suffer ?

why the feminists always ask punishment for men, why they dont ask punishment for the person who promotes crime which in this case would be parents of the girl.

should have been better if she had said if man tried to create physical relations with such a wife be stopped and the parents who forcibly take consent of marriage from their daughters be booked for criminal conspiracy and gang rape.

while the man should be given compensation for the harassment he has suffered.

by the way if anyone knows the conviction rate worldwide for marital rape kindly tell.

Men – its time to take an affidavit from the girl in presence of gazetted officer before entering into marriage that she is wilfully entering into marriage and knows what are her obligations as a wife.

ask relief for the victim, men can be victims in many cases ,accept this.

Promote laws which can prevent crime, punish the guilty not the ones which have a chance for gross misuse. any gun without a safety lock is a danger.

may we all live in peace – men and women.

may we seek justice for citizens and not limit us to just saying – city not safe for women when men also are being exposed to murders,looting daily.

देश के बेटे को भी न्याय मिलेगा क्या?

कुछ दिन पहले एक चैनल पर आ रहा था – अब मिलेगा देश की बेटी को न्याय , पिछले दिनों दिल्ली में हुए बलात्कार काण्ड में जो कानूनी धारा लगाईं  गयी उसके बारे में बताते हुए ऐसा कहा जा रहा था . इस में कोई शक नहीं की बलात्कार एक घिनौना अपराध है और पीड़ित को न्याय मिलना चाहिए लेकिन ऐसा ही एक घिनौना अपराध कानून का दुरूपयोग करके किसी का जीवन बर्बाद करना है . पिछले दिनों ही खबर थी – एक महिला ने बलात्कार का झूठा केस दर्ज करवाया , जब तक झूठा केस करवाने वाले को सजा नहीं मिलेगी तब तक कानून का दुरूपयोग होता रहेगा , महिलायों के खिलाफ अपराध के कानूनी संख्या बढती रहे गी , कानून बनते रहेंगे .

उम्मीद है किसी दिन ऐसी भी खबर आएगी – देश के बेटे को दहेज़ के झूठे मामले में फंसाने वाली बीवी के खिलाफ आरोपपत्र दायर – अब मिलेगा देश के बेटे को न्याय .

सपना है, सुंदर है ,कभी पूरा भी होगा .

अंग्रेजी में नहीं लिख रहा रहा क्यों की शर्म आती है कि हमारे देश में इतने साल से कानून का दुरूपयोग हो रहा है जिसको सुप्रीम कोर्ट ने भी माना है और सरकार को आदेश दिए हैं  दहेज़  कानून में संशोधन के लेकिन अभी तक कुछ नहीं हुआ . भारतीय इसे  पढ़ें , सोचें  कि क्या होना चाहिए – पीड़ित के लिए न्याय  या नागरिक के लिए न्याय  या महिला के लिए न्याय .

महिलाओं के प्रति संवेदनशील  होने का अर्थ यह तो नहीं की पुरुष के प्रति असंवेदनशील हो जाएँ .

नया सभी का हक है . पुरुष के बिना समाज की कल्पना करने वाले भी सोचें और जो ऐसा नहीं सोच सकते उनको तो सोचना ही चाहिए .

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