Tuesday, April 9, 2013

DIVORCE THE DIVORCE


Somewhere in the year 2008 - 'Guy said I looked like a granny,' Singer Madonna accuses husband of cruelty and applied for divorce. Is this a cruelty???? Is Divorce a fun-filled play????

"Chauvinism is "fanatical, boastful, unreasoning patriotism" and by extension "prejudiced belief or unreasoning pride in any group to which you belong." Now this word has is much relation to FEMALE gender. In the past, Female gender stood as the dominated flock today standing as the dominating crew in India. The cruelty, abuse, torture, false accusation, impleading and brutality by wives to husbands are enhancing day by day.

Somewhere in the year 2005, Government of India felt the need of the Protection of women from Domestic violence and cruelty; hence it brought a legislation differing from the Section 498 A of the Indian Penal Code.

Section 498 A of the Indian Penal Code:
Husband or relative of husband of a woman subjecting her to cruelty: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.--For the purposes of this section, `cruelty' means:-
(a)   any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b)   harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

The Government of India enacted the Protection of Women from Domestic Violence Act in the year 2005. This Act is bearing provisions only from the preview of a fear of arrest for husbands. This Act along with other one-sided provisions includes "ECONOMIC ABUSE" in its section 3 which means for example, if someone's husband sells a T.V. or removes the cable connection or even if any petty household article WITHOUT CONSENT of his wife and wife protests, then it will come under offence of Domestic Violence and it shall be termed as Cruelty in India.

The Supreme Court in the matter of Preeti Gupta & Anr. vs State Of Jharkhand & Anr. on 13 August, 2010 observed that “Serious relook of the entire provision is warranted by the Legislature. It is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over-implication is also reflected in a very large number of cases”.

It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society. Is laws in favour of Women has become a Legal terrorism in India??? Divorce and women protection laws have become a weapon in the hands of the Feminine gender to fulfill their discretionary demands. Is women in India are they abusing the provisions of law.

Lord Salmon marked the statement in the English Court “If the prosecution amounts to an abuse of the process of the court and is oppressive and vexatious that the judge has the power to intervene.” He further mentioned that the “court's power to prevent such abuse is of great constitutional importance and should be jealously preserved.”

Frivolous and vexatious litigations in nexus with matrimony are increasing in India. On careful analysis, is the privilege given to women is misused in India. Are the law in India is pampering the women??? From gadgets to budgets – Women are focussed.

Even many judges of High Courts and Supreme Court in India have shown their concern that law is misused and the husbands and their relatives are destitute by such provisions. Even for the premarital affairs of the women- men and his family are made as the scape goat in this globalised world.

How could we solve this women chauvinism in India????
  1.       Law Relating to Cruelty to Husband should be established in India. Even law commission is considering such law (Report as on August 2012).
  2.         Divorce should be divorced from the society.

Even Lord Denning has bundle of contradictions for the divorce work. He made contempt for it. In his moral fundamentalism “Women who had been virtuous slaves, became free and dissolute; divorce has become common; the rich ceased to have children”.









1 comment:

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