New Delhi: The Supreme Court on Wednesday dismissed a petition by a women's group seeking withdrawal of the controversial phrase "keep" used by it in a judgement in which it held that a "one night stand" with a man would not entitle a woman to maintenance.
A bench of justices Markandeya Katju and T S Thakur rejected Mahila Dakshat Samiti's petition on the ground that it had no locus standi(legal right) to question the judgement since it was not a party to the matrimonal dispute in which the judgement was passed.
In the judgement delivered on October 21 last year, the apex court had held "if a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and or as a servant, it would not in our opinion be a relationship in the nature of marriage." 
The country's lone woman Additional Solicitor General Indira Jaising and Vinay Bhardwaj, Vice President of the Samiti, expressed dissappointment at the apex court's refusal to withdraw the "derogatory remark."
The bench in a terse order today said "application for permission to file a review petition is rejected. This review petition has been filed on behalf of Mahila Dakshat Samiti seeking review of this court's order dated 21st October, 2010 whereby the appeals were allowed.
"Mahila Dakshat Samiti was not a party before this court or before the High Court or trial court. Having carefully gone through the review petition and connected papers, we see no reason to grant permission to Mahila Dakshat Samiti to file this review petition.
Hence, the application for permission to file review petition is rejected." The apex court in the judgement had ruled that a woman in a live-in relationship is not entitled to maintenance unless she fulfils certain parameters and said merely spending weekends together or a one night stand would not make it a domestic relationship.
It formulated the following parameters for a woman in live-in relationship to seek maintenance.
(1) The couple must hold themselves out to society as being akin to spouses, (2) they must be of legal age to marry, (3) they must be otherwise qualified to enter into a legal marriage including being unmarried, (4) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
"In our opinion, not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (Protection of Women from Domestic Violence Act). To get such benefits, the conditions mentioned by us above must be satisfied and this has to be proved by evidence," the court had said.
The apex court had passed the judgement while setting aside the concurrent orders passed by a matrimonial court and the Madras High Court awarding Rs 500 maintenance to D Patchaiammal who claimed to have married the appellant D Velusamy.
Velusamy had challenged the two courts' order on the ground that he was already married to one Laxmi and Patchiammal was not married to him though he lived with her for some time. Jaising said "the judges have chosen the easy option instead of confronting the issue as would be expected from judges from the Supreme Court."
She said the Samiti was an organisation with an illustrious track record of having worked in the interest of women for the last several decades including formulation of the dowry prohibition act and hence its credibility could never be doubted.
"The issues raised in the review peition do not relate to the parties to the case alone but to women as a class. The issues are use of gender bias language in judgements of the Supreme Court of India.
"It is expected gender-neuter language. The objection was to the word 'keep' and expression used only in relation to women in a highly derogatory context," she said adding the apex court had missed a "historic opportunity to correct a wrong."
Bhardwaj said she was deeply disturbed by the judgement as the apex court since the 1980s had played very progressive roles on women issues.
"As the time goes, the Supreme Court should have taken up positive and progressive views in view of the magnitude of the problems of women. Instead, it has chosen to dismiss the petition," she said.
PTI
Oct 12, 2010
A study at University of Michigan has found that many marriages are probably doomed from the beginning because the partners couldn't get their act together.
While some wanted to resolve the conflict, others ignored it. The study has revealed some insights into some lesser-known truths about marital conflicts:
The husband is more likely to use constructive strategies, trying to confront a problem and resolve it by working through the disagreement, while the wife prefers to yell, or give the silent treatment and make the situation worse.
Over time, the wife is likely to change her behaviour, becoming more constructive in her approach to conflicts, while the husband is more likely to remain unchanged. Since both are willing to work together to resolve the dispute, the marriage has a better chance of succeeding, according to the study.
"You can't just have one person using constructive strategies, trying to find solutions and calmly discussing the problem. You have to have both spouses using that strategy," ABC News quoted Kira Birditt as saying.
29 per cent of the husbands and 21 per cent of the wives claimed they had no conflicts at all during their first year of marriage, which is doubtful since partner must make during the early months of a new marriage, and Birditt believes some spouses may have been less than candid on that question because they were interviewed separately.
"The method changed in the third, seventh and 16th year," she said, and the spouses were interviewed together. "When they are together, it's harder to lie. I can see the wife saying oh no, we did have a conflict, honey."
But perhaps the most surprising find was that greater constructive behaviours among wives predicted greater divorce rates.
"We were totally surprised by that. I'm not sure what's going on there. It might be that wives are more likely to use destructive strategies regularly, so when they use a constructive strategy it might be like the last straw. Maybe they're done with the yelling and screaming, but now they really have a problem," said Birditt.
Birditt, by the way, is in her third year of marriage, and she described herself as "happy." So how does she resolve conflicts in her own marriage?
"I think it depends on the situation," she said. "I guess I use all of them. It just depends on how mad I am."
The study is published in the current issue of the Journal of Marriage and Family .
पहले दिल्ली में शादी करने के लिए किसी भी शख्स को कम से कम 30 दिन तक दिल्ली में रुकना जरूरी होता था लेकिन अब 30 दिन रुकने की शर्त खत्म कर दी गई है।
Related news @
http://newsmanthan.blogspot.com/2010/09/delhi-govt-relaxes-marriage.html
In its latest report, the International Institute of Statistics has revealed that, the world over, the divorce rate has overtaken the marriage rate. A spokesperson of the institute, herself a divorcee, said: "While marriage has always been in fashion, today it is more so than ever; people want to get married not just once but multiple times in the belief that the more the merrier where matrimony is concerned. Since bigamy is against the law, serial matrimony also involves serial divorce."
The spokesperson added that divorce had become the latest thing in trendy chic, so much so that even unmarried people were seeking divorces, presumably from themselves.
The reason for this seems to be that being a divorcee was seen to confer social status on the person and make that person more attractive to suitors.
"It's like applying for a job," said a spokesperson for DIVA, Divorce International Vocational Association. "When you're a first-time job seeker, it's tough to get one. Prospective employers naturally want to know what experience you've had. And when you confess that you have none, nobody wants to know. However, once you have managed to get that first job, the second, third, fourth and fifth jobs are easy. In fact, you don't have to get them; they'll come and get you, through headhunters."
The spokesperson explained that the situation was similar in the case of matrimony, which could be compared to a live-in job, with no extra overtime. "These days, there are few takers for first-time marriage partners. But once you've got a divorce or two on your CV, the line-up for you goes round the block," said the DIVA representative.
With career divorce catching on, a booming new industry has sprung up comprising not just lawyers and alimony experts but also garment manufacturers who specialise in drip-dry wedding saris and eco-friendly recyclable red safas for bridegrooms. Similarly, caterers are cashing in as well what with divorce parties becoming even more popular than wedding parties. The travel trade has also benefited as people go on separate divorcemoons rather than joint honeymoons.
Indeed, so popular has the big fat Indian divorce become, that the Doyenne of Divorce, Liz Taylor, is planning to come to India to get divorced according to traditional Vedic rites, with Sri Sri Savvy Shankar - the celebrated guru of the Art of Splitting - officiating as pundit.
As no one - including Ms Taylor - could remember if the Hollywood star was at the current time in between marriages or in between divorces, it was thought best to employ what in the movie business is known as a body-double. The use of a double - or a stand-in - would legitimately enable Ms Taylor to divorce herself from herself.
Or, as Sri Sri Savvy Shankar once summed up his Art of Splitting: Ek ticket, doh mazaa.
http://blogs.timesofindia.indiatimes.com/jugglebandhi/entry/divorce-outstrips-marriage
गाजियाबाद। एक शख्स ने आज अपनी पत्नी को पाने की आस नहीं छोड़ी है। उसे लगता है कि उसकी पत्नी जिंदा है और वो एक दिन जरूर वापस आएगी। इसी आस में वो इंसाफ की लड़ाई लड रहा है। ये दर्दभरी कहानी सिटीजन जर्नलिस्ट गौरव सैनी की है।
दरअसल गौरव की पत्नी मोनिका डागर अब इस दुनिया में नहीं है। लेकिन गौरव उसे भूल नहीं पाया है। गौरव की मानें तो मोनिका के परिवार वाले एक साल पहले मोनिका को गौरव के पास से लेकर चले गए और फिर बाद में बताया कि उसकी मौत हो गई। गौरव का कहना है कि मोनिका को उसके परिजनों ने कहीं छुपा कर रखा है।
गौरव ने बताया कि मोनिका बेहद होशियार लड़की थी, वो आईएएस आफिसर बनना चाहती थी। शादी के बाद वो एक बेटी को जन्म देना चाहती थी ताकि अपने परिवार को दिखा सके कि लड़कियां बेकार नहीं होती। गौरव की मानें तो दोनों ने मिलकर कई सपने देखे थे जो पूरे नहीं हो सके।
गौरव और मोनिका दोनों अलग जाति के होने के वाबजूद शादी कर ली। मोनिका के परिवार वाले दूसरी जाति के लड़के से शादी करने के लिए राजी नहीं थे। गौरव की मानें तो उसे धमकियां भी मिली थी। जवाब में गौरव ने मोनिका के परिवार वालों से कहा कि कानून उसके साथ है।
फिर दोनों ने 6 जुलाई 2009 को को आर्य समाज मन्दिर में शादी कर ली। कुछ दिन बाद मोनिका के घरवाले पुलिस लेकर गौरव के घर पहुंचे और गौरव के खिलाफ अपहरण का केस दर्ज करवा दिया।
शादी का प्रमाण पत्र दिखाने के बाद भी वो जबर्दस्ती मोनिका को साथ ले गए और पुलिस ने गौरव को हिरासत में ले लिया। एक महीना डासना जेल में रहने के बाद गौरव रिहा हुआ। फिर उसने दिल्ली हाई कोर्ट में अपील दायर की। जिस पर कोर्ट ने मोनिका को 7 अक्टूबर 2009 को कोर्ट के सामने पेश करने के लिए कहा। जिसके बाद दिल्ली पुलिस मोनिका को लाने के गई तो उस गांव के सरपंच ने पुलिस से कहा कि मोनिका मर चुकी है। लेकिन गौरव नहीं मानता की मोनिका मर चुकी है।
सबूत के तौर पर मोनिका के परिवार वालों ने पेपर पेश किए की उसे एक अस्पताल मे भर्ती किया गया था। लेकिन अस्पताल के रिकार्ड में लिखा है कि मोनिका को कुछ दिन बाद स्वस्थ हालत में डिस्चॉर्ज किया गया। गौरव का कहना है कि अगर मोनिका मर चुकी है तो उसके परिवार वालों के पास सबूत के तौर पर पोस्टमार्टम रिपोर्ट या किसी डॉक्टर का डेथ सर्टीफिकेट पर साइन क्यों नहीं है।
पुलिस ने जब केस रिव्यू किया तो मोनिका के परिवार वालों पर क्रिमिनल कॉनपिरेसी और मर्डर का चार्ज लगाया। लेकिन वो बेल पर छूट गए हैं। जिस जांच अधिकारी ने मेरे ऊपर अपहरण का केस लगाया था उसे सस्पेंड कर दिया गया है। लेकिन गौरव आज भी मोनिका की आस में इंसाफ की लड़ाई लड़ रहा है।
Many estranged couples choose to separate, but not divorce. Seema Sinha meets some to discover how they negotiate their parallel lives
Breaking all convention, Babita decided to walk out of the Kapoor household along with her two daughters, Karisma and Kareena. Reportedly, Babita could not cope with the larger-than-life figure of Randhir's father and filmmaker Raj Kapoor over his life. Decades later, Randhir Kapoor and Babita continue to remain husband and wife, though leading separate lives. "Randhir Kapoor believes in the sanctity of marriage. He has always said that she is the mother of their daughters," says Madhu Jain, author of Kapoors: The First Family of Indian Cinema.
The love has faded, but the couple is wary of looking for new partners. In another case, Ratna Adarkar (name changed) and her husband of 25 years have decided to live a life of compromise, sans the "hassles" of divorce. These are not the only ones who are choosing to stay in the twilight area between marriage and divorce. According to the experts, breaking up is hard — and expensive!
Long after romance is dead, a separation or "non-divorce" offers a happier alternative. Sometimes, they stay together to avoid the expenses of a new household. Actor Saif Ali Khan reportedly decided to divorce Amrita Singh only after his career zoomed with Dil Chahta Hai. Till then, they lived under the same roof, though they remained emotionally distant, reveals a veteran film journalist.
There are no hard statistics, but some divorce experts say they're seeing more of this phenomenon. Says psychiatrist Rajendra Barve, "This gives them space, minus the commitment, which is like having their cake and eating it, too. They may also want to avoid the 'stigma' of divorce." Remarks psychiatrist Kersi Chawda, "If neither plans to marry again, they may simply want to avoid the expenses and time that goes into legally ending their marriage."
Prominent actress Raakhee Gulzar and her writer- director husband Gulzar are one such couple, who have lived separately for years. Says senior film journalist Dinesh Raheja, "Their daughter Bosky kept them bonded. Gulzar and Raakhee would meet for her sake, attend PTA meetings together." In fact, when Gulzar won an Oscar for his contribution to the film Slumdog Millionaire, Raakhee commented that "her husband" was the best.
One of the most glaring examples in Bollywood is of high-profile star couple Rajesh Khanna and Dimple Kapadia, who also chose the middle path of 'non-divorce'. In the 80s, both the auburn-haired gorgeous Dimple as well as the yesteryear superstar wanted divorce, but when Rajesh Khanna began dodging Dimple's demand for financial security for her young daughters, the actress too refused to sign the divorce papers. "Her daughter Twinkle, in her teens then, strongly felt that her parents shouldn't be living together," says the veteran journalist.
Adds Dinesh, "But over the years, the bitterness between Rajesh and Dimple washed away. I have seen them enjoy a party together and found them very comfortable in each other's company. Dimple campaigned for him during elections and also worked in his film. I guess it has worked out for them living separately rather than coming home to be with each other."
Explains a marriage counsellor, "A couple may not legally divorce for the children's sake, or if there is the issue of division of wealth and inheritance. They may also want to keep up appearances in society."
Relationship experts say the arrangement can allow partners to discreetly date other people while keeping up an illusion of marriage for children and the community at large. And finances, significantly, stay intact. "They are really making pragmatic, businesslike decisions for their marriage," point out experts. Also, with both partners working, not all women care for alimony.
But, it may not always turn out favourable. Married for three years and separated for a year, Anandita, an investment banker, who has a one-year-old daughter, feels embittered and cheated by her philandering husband. "He has not filed for divorce and I don't want to either, because I don't want to remarry. I can't have a stranger in my life. When my daughter grows up, I don't want her to blame me for the separation," says Anandita, who is stuck with responsibilities while her husband has it easy.
Talking about the rights of women in such a situation, women's right lawyer Flavia Agnes, points out that women can claim maintenance and demand their right to stay in the same house. "Often, when men decide to remarry, they pressurise their spouse for divorce. Here, the wife can negotiate for a good settlement, a lump sum amount and shelter in the same house," says Flavia. A marriage counsellor adds that she has witnessed couples staying together despite disagreements to claim benefits of medical and pension plans.
However, can the so-called "non-divorced" ever move on emotionally? The emotional and legal closure of an official divorce may forever elude them. They can also find themselves in a difficult spot when one or both partners begin to seriously date again.
It's also financially risky, point out the experts. A partner who no longer lives with you can still ruin your finances or put you in debt.
On the other hand, if you gain assets, your partner could still legally claim half.
Their status is definitely complicated!
The love birds have reason to cheer as the Delhi government has relaxed the
Marriage Registration norms in the capital.
In the wake of rising numbers of honour killings in the NCR, the Delhi government has decided to amend the Hindu Marriage Registration rules.
As per the new norms, the Delhi government has decided to abolish the mandatory clause of 1956 Hindu Marriage act, in which it was mandatory for a couple to prove that either of them, or any of their in-laws, had lived in Delhi for at least 30 days for the marriage to be registered in the Capital.
In the new norms, a couple who is planning to marriage are already married can register it within minutes without any residence proof.
The new proposal was moved by Principal Secretary (Revenue) DM Sapolia on Monday.
The move was taken after alarming number of honour killing cases and Khap Panchayat’s dictate came to light.
The new clause also offers police protection to the young couple in case of any threat perception either from family members or any other religious diktat.
The new Marriage registration rules will help couple facing Khap Panchayat threat can get register in Delhi.
http://english.samaylive.com/nation/676472793.html
……….
NEW DELHI: In the backdrop of reports of honour killings and khap panchayats taking on couples who marry within the same gotra, the Delhi government is gearing up to amend the marriage registration rules in the capital. It seeks to abolish a rule under which marriage registration can be done in Delhi only if the couple can produce proof that either one of them or parents of at least one of them have been residents of area falling under the jurisdiction of the registrar for more than 30 days.
The proposal seeking an amendment in the Delhi Hindu Marriage Registration Rules 1956 is likely to be tabled before the cabinet on Monday. If the amendment comes through, couples from other states who tie the knot in the capital will be able to get their marriage registered here itself.
There has been a rise in the number of cases in which families turn hostile to such newlyweds and several incidents of honour killings have also come to light in the recent past. Haryana's khap panchayats have been in news for the alleged atrocities inflicted on couples who dared to marry within their gotra or outside their caste against their families' wishes.
In its present form, Delhi Hindu Marriage Registration Rules makes it mandatory to have a residence proof of Delhi to register a marriage. It states that one of the parties or his/her parents should have been residing within the jurisdiction of the registrar for more than 30 days for the marriage to be registered in the city.
The revenue department of the state government has sought these conditions to be abolished so that couples who marry in the capital are able to register their marriage here even if they or their parents are not Delhi residents. The only precondition being that the marriage should have taken place in the city.
Delhi high court had earlier reportedly struck down as "unconstitutional'' the rule that registration of marriages could be effected in Delhi only if at least one of the parties or parents of either of them has been a resident of the capital. The court order came in a case where a couple was denied registration due to this clause.
Meanwhile, activists from NGOs such as Shakti Vahini, who have been studying the role of khap panchayats and the reasons behind honour killings, agree that the amendment will make it easier for couples facing resistance from families to register their marriages in the city. However, they are quick to point that this would be a small step and it alone cannot deal with the complexities that are leading to honour killings or atrocities by khaps.
Similarly, Anju Dubey Pandey from Centre for Social Research said such an amendment would certainly make life easier for couples seeking registration in the city. "But since matrimonial issues are complex, those concerned should carefully study the clauses and other issues involved before taking a decision,'' Pandey added.
Much discussion has already done by our seniors already over here, i want to add something in real about this matter with few more details.
The following are words put here after my marriage experience. It is my view only, not a rule put by our community or rule of law that is to be followed. It is purely personal, which I justify by giving instances at times leading to a big story.
Have time go through it. I have prepared for never married men taking into consideration especially like you. I am thankful to forum that I am able to put through this means.
One of my friends told and I have read it in many places that a man can be understood clearly to 99% of accuracy but a woman can never be understood even to 49% of what is store in her mind.
I have used video recording in most of the contexts, we can get these cameras at an economical cost in market today. Audio recorders or mobile phones can be used. After recording copy them in local hard disks, CD's, DVD's as soon possible. Don't every try to modify the original recordings, Keep it at a safe place. There is some place for these evidences in court proceedings (If the records are not applicable before court at least they will be applicable before people's court, so keep a record of all things possible.). Give complaints to local police station whether you get them or not, when your mobile is lost, clearly stating the date, time, mobile model and the capacity of memory card.
Scan each and every document and store in a safe place globally along with the electronic records accessible through internet. There are plenty of sites offering these services, only thing is you need to login before some specified days, otherwise there is a danger of losing all files. If you have any trouble knowing these you may let me know. Documental evidences are always applicable in court.
You should be cautious with three W's - Wine, woman and Wife according to an English proverb. These are three most dangerous things in any one's life. First two you know, last you might not be. I explain here, wife is also a most dangerous person when she is against you. When all well she is heart and love for you, you will say everything what is store in it which you might have never said even to a close friend or your parents who are whole and sole in your life even when you are at good and bad times in every way possible to them. So she knows even the password of your personal PC, laptop, official passwords, official people, and what not, each and every aspect of you personal and impersonal, family related matters, strength and weakness of each and every member of your family, your resources of income, your income and the story goes like this. You might take a cue from all this that how much personal it is with a wife. She also have access to every relation by phone and email and what ever way, even personally she has been with us through our family or when we make visit to friends and relatives. So she has every chance of putting all possible hurdles when something goes wrong with her from our side. It is also there that we also have the samething, but law is in favour of women, in our Indian society only women gets the support, not the men community. Women can ask for divorce in front of a judge, but a man cannot ask for divorce, he can only ask for justice to be done.
Before Marriage:
These things are done as a measure of precautionary measure/to be safe side, not compulsory that each and every aspect is met. But will be helpful when there is some problem. We take precautionary measures in offices like servicing the vehicle, cleaning up the system, the same way this one.
1. Do not go into detail every aspect of your personal life while discussing on phones or when you meet personally.
2. Don't take frantic calls/ make frantic calls pretend you are busy, tell softly will get back soon when time permits, go when you really have time to leisure. This need not be done every time when she makes a request. Sometimes exclaim her that we will go, within a short notice.
3. Don’t talk much from your side, just try to get as much information, pretend you are also giving that much information when asked but never complete information. Eat out the actual point in your discussion by bringing something more.
4. Enjoy outings to a limit, you are still unmarried.
5. Never ever stay with your about in-laws before and after marriage unless there is something which happened contrary to your plan and expectation or when helpless.
6. Don’t make frequent visits to your in-laws any time(I mean before and after marriage whenever the context of any time comes).
7. Don’t send frantic messages, namely you are the world; you are my only love ... any time.
8. If you have very affection keep it in yourselves don’t ever try to express even after marriage.
9. Try to record happy moments in front of her with her knowledge. Moments should be recorded whether it is a happy note or sad note.
10. Record all discussions in video possible when some financial matters aspect, that to in the presence of elders (relatives may or may not be considered but third party person is compulsory concerned who is near to you or who knows about your family and is concerned to your family - the person/person's in consideration).
11. There should be agreement that in case of any problem, either party should not try to disturb others by any means (this agreement details can be got from a lawyer, they have done good homework after many false cases) and paper evidences of what ever you have given and taken from them or given by you. Everything should be witnessed by the person discussed above.
12. Even for Sthridhan there should be evidence of what you have taken and what they have given. Everything should be witnessed by the person discussed above.
13. If you feel that you that you hurt feelings don’t go over, say sorry and tell it will not be repeated. Try not repeat again in your life. But never expect from the opposite side that she will do the same as you are trying to do.
14. If your attitude hurts her beyond your thinking, although you are right in your own way, better not to marry her.
After marriage
About Marriage:
A wife is the most concerned woman who looks after a husband at their house, keeping a watch that when he comes. She is the one who has left her parents in faith that you will look after her. Even though if she does no work if she is a house wife, she does all the household work, look after the house where on lives, domestic chores and many more cannot be looked single handedly with any other's help, Supreme court also gave ruling that she is doing work of Rs.3000/- and many other things which cannot be counted on her part. So, treat her on par with you reason she is equally respected however bigger you are, children of lesser age take blessings from both of us, this shows that she is equal to our level, even though she is younger to us, or earns less than us. This can be equally observed when we are at marriages, occasions, social meetings, functions, poojas...... So, take proper care from your side that all is well and nothing beyond.
1. Do not go into detail every aspect of your personal life while discussing on phones or when you meet personally, reveal some which you expect that it is not going to hit your privacy even if there is some misunderstanding.
2. Don't take frantic calls pretend you are really busy putting a sorry note in a soft manner, never cry foul, show your emotions, and never show official problems (keep your official problems with you and your friends every time) on her put a date for going when you are free, chart out a plan that you make some times and sometimes a miss due to co-incidence due to some other that you may not go for that but some other thing which expected not to happen.
3. Don’t talk much from your side, just try to get as much information, pretend you are always with her every time although you are thing some other thing. Don't talk much is the rule of marriage to keep away differences, unnecessary discussions, the much you talk much discussions will lead to some other thing contrary to what we expect.
4. Enjoy outings to a limit convenient to you, you are now married. Your bachelorhood has come to an end. You cannot be the same as previous lover of your wife as you have no reason for getting her away from you, this being in your mind; you will just take granted for what you have done earlier. But she is in no mood of what you are in; keeps thinking that you should be the same old man what she though before and like you to be like that. This can never be possible. But we can take out some time for leisure.
5. Never ever stay with your in-laws before and after marriage unless there is something which happened contrary to your plan and expectation or when you are helpless, unless it is a customary. Your stay will lesser your image that's what I say.
They have more personal look of you when you are at their place, can go more personal about your feelings, likings and want to get more closer than you have enjoyed (but I feel business entity, should be different from personal entity which is generally followed in accounting terms). The marriage which has happened is a busy entity. Marriage, although one form of business of living, it cannot be insured, I mean a loss of one's marriage cannot be insured. A loss of wife or husband can be insured. That is importance given for a marriage of two persons. By this you can expect how fragile a marriage is. This means that marriage cannot be trusted or one can have good faith in marriage.
6. Don’t make frequent visits to your in-laws any time. If you have no business there, take turn of your vehicle on road itself and come back to your place after dropping her or meet a friend if nearby if it happens that you may need to take her back after sometime. When picking up, you might go inside for some time, but do not stays there on one or more pretext even if your wife is not willing to come, after three or four times of such a measure she will automatically make her mind. If she doesn’t make her mind, there is some action needed from our side.
7. Send messages, prevent calls either side, otherwise trouble of getting all the calls (mostly unnecessary) creating disturbance to work and in front of boss, or anytime when we are in work or when we are not in a mood to take any calls after much exhaustion. But send proper messages at times when we are late, we have a meeting, we had to have a dinner but never say that you are your parents place if you happen to have parents in the same city and you had to go there with out her or against her wishes.
8. If you have very affection about her, keep it in yourselves don’t ever try to express it. But express it before people, your friends, parents, her parents but never before her.
9. Try to record happy moments soon after marriage, they cannot be returned again in your life time. The same will not be got back at any cost. Moments should be recorded whether it is a happy note or sad note.
10. If it happens that there are some disturbances that is going to happen or has happened, don’t get directly involved in it with your parents and her parents. Always bring the third person discussed the good Samaritan in our marriage from our side and discuss in front of him. All this should be video recorded. If the other party objects for some, don't come in line with them, ask them to come in their own way or give another camera to capture the events in their own way. But never resort to change in original any way by the new technology, it can go awry. We cannot underestimate the technology use by any one, although however unknowledgeable the government or the court may be of these.
10. All giving’s and taking should be recorded in a friendly manner, one video recorder and camera person from our family should always take that duty. This will make habituated without any objections from either side, because he keeps recording each and every aspect which is known to both the families. So, never ever forget to record all discussions in video when some financial matters aspect is concerned, that to in the presence of elders (relatives may or may not be considered but third party person is compulsory concerned who is near to you or who knows about your family and is concerned to your family
- the person/person's in consideration).
11. All will be well when all is flourishing well but when differences arise there will be none, if you take a single path.
Therefore, there should be a definite agreement if not taken already earlier, that in case of any problem, either party should not disturb others by any means (this agreement format and other details can be got from a lawyer, they have done good homework after many false cases) and paper evidences of what ever you have given and taken from them or given by you.
Everything should be witnessed by good Samaritan.
12. Even after that meeting, if you find no change, you have to think twice. You can sense by their actions that a doomsday will come. Pretend that you are not in mood of any change with what you are doing. This will irritate and finally one day she will leave. Try to keep talking always with her and her family members, relatives from the opposite side (all these days of marriage you might have met, keep in contact for future use, call them for parties, social meetings that happen in the family either side, be close to them, they are always better than our in-laws from whom you can get much details and also they are moreover like us). Don’t put details unless they themselves start about the current happenings.
13. Incase of problem: Don't stay at weekends mainly from Friday evening onwards, as Saturday and Sunday being holiday for courts to apply for bail, the complaint whenever it may be filed, they will come on Friday night to give trouble. If such a situation has come to go jail, go along with them without any protest. Before going for a decision when the trouble started, think whether you want to live your wife in future or not.
First Case: If you want to live because of several problems, family problems, monetary problems and what not go for jail do nothing; you or your people will get back on bail in 3 to 4 days in total. This will leave the whole family who met such jail not to take back the girl, but due to inherent fear they say you should live with her without any further trouble. Then you decide that you will be with her. Now try adjusting, if she comes in line its well and good. Otherwise, you can do what she has mentioned in the complaint to her and discharge her, closing the chapter of hers in your book. Now, you can do as you wish, if again jailed no problem, once jailed or repeated jails even 100 times won't matter, then you can decide your next course of action. Now you will be definitely free from your wife and own pestering by your family members and others.
Second Case: If you think you can never get along with her. Go to jail. You will get bail in 3 to 4 days. Before the police you say, whatever you do I am not interested any more in my wife. This word will make them think twice and the same thing should be put before the lawyer saying that "I don't want to live with the bitch that had put me in jail; the case file by her is a false case, which has caused severe mental cruelty to me and my family". On these words the opposite party will apply for divorce or come in terms with you and you are free.
One thing to note, if a vacation happens to be there near your problem, never stay at your place of living. Because all through the holidays of court you will be in jail for no fault of yours. Courts have vacations, like that of schools and colleges, all this has led to the current state of affairs where scores of cases are pending for years together in court.
------------------------------------------------------------------------------------------------------------
I have taken extract from a good site which is presented here.
What are the Ten Most Dangerous Mistakes men Probably Make with Women?
Here Are The Top Ten Reasons Why Men Fail With Women...And How To Make Sure YOU Avoid Every One Of These Deadly Common
Mistakes...
MISTAKE #1: Being Too Much Of A "Nice Guy"
Have you ever noticed that the really attractive women never seem to be attracted "nice" guys?
Of course you have.
Just like me, I'm sure you've had attractive female friends that always seemed to date "jerks"... but for some reason they were never romantically interested in YOU.
What's going on here?
It's actually very simple...
Women don't base their choices of men on how "nice" a guy is. They choose the men they do because they feel a powerful GUT
LEVEL ATTRACTION for them.
And guess what?
Being nice doesn't make a woman FEEL that powerful ATTRACTION.
And being NICE doesn't make a woman CHOOSE you.
I realize that this doesn't make a lot of logical sense, and it's hard to ACCEPT... but GET OVER IT.
Until you accept this FACT and begin to act on it, you'll NEVER have the success with women that you want.
MISTAKE #2: Trying To "Convince Her To Like You"
What do most guys do when they meet a woman that they REALLY like... but she's just not interested?
Right! They try to "convince" the woman to feel differently.
Well, I have news for you... YOU WILL NEVER CHANGE HOW A WOMAN "FEELS" WHEN IT COMES TO ATTRACTION!
Never, ever, EVER.
You cannot CONVINCE a woman to feel differently about you with "logic and reasoning".
Think about it.
If a woman doesn't "feel it" for you, how in the world do you expect to change that FEELING by being "reasonable" with her?
But we all do it.
When a woman just isn't interested, we beg, plead, chase, and do our best to change her mind.
Bad idea. One that will never work.
MISTAKE #3: Looking To Her For Approval Or Permission
In our desire to please women (which we mistakenly think will make them like us), us guys are always doing things to get a woman's "approval" or "permission".
Another HORRIBLE idea.
Women are NEVER attracted to the types of men who kiss up to them... EVER.
Don't get me wrong here.
You don't have to treat women BADLY for them to like you.
But if you think that treating a woman well means "always getting her approval and permission for things", think again.
You will never succeed by looking for approval. Women actually get ANNOYED at men who seek their approval.
Doubt me? Just ask any attractive woman if Wussy guys who chase her around and want her approval annoy her...
MISTAKE #4: Trying To "Buy" Her Affection With Food And Gifts
How many times have you taken a woman out to a nice dinner, bought her gifts and flowers, and had her REJECT you for someone
who didn't treat her even HALF as well as you did?
If you're like me, then you've had it happen a LOT.
Well guess what?
It's only NATURAL when this happens...
That's right, I said NATURAL.
When you do these things, you send a clear message:
"I don't think you'll like me for who I am, so I'm going to try to buy your attention and affection".
Your good intentions usually come across to women as over-compensation for insecurity, and weak attempts at manipulation.
That's right, I said that women see this as MANIPULATION.
MISTAKE #5: Sharing "How You Feel" Too Early In The Relationship with Her
Another huge and unfortunate mistake that most men make with women is sharing how they "feel" too early on.
Attractive women are rare.
And they get a LOT of attention from men.
Most men don't realize this, but attractive women are being approached in one way or another ALL THE TIME
An attractive woman is often approached several times a DAY by men who are interested. This translate into dozens of times per week, and often HUNDREDS of times per month.
And guess what?
Attractive women have usually dated a LOT of men.
That's right. They have EXPERIENCE.
They know what to expect.
And one thing that turns an attractive women off and sends her running away faster than just about anything is a guy who starts saying "You know, I really, REALLY like you" after one or two dates.
This signals to the woman that you're just like all the other guys who fall for her too fast... and can't control themselves.
Don't do it. Lean back. Relax.
There's a much better way...
MISTAKE #6: Not "Getting" How Attraction Works For Women
Women are VERY different from men when it comes to ATTRACTION.
You need to accept this fact, and deal with it.
When a man sees a beautiful, young, sexy woman, he INSTANTLY feels a sexual-attraction.
But does the same apply for women?
Do women feel sexual-attraction to men based mostly on looks? Or is something else going on?
Well, after studying this topic for over five full years now, I can tell you that women usually have their "attraction mechanisms" triggered by things OTHER than looks.
Have you ever noticed that you see a lot more average and unattractive men with beautiful women than the other way around?
Think about it.
Women are more attracted to certain qualities in men... and they're attracted to the way a man makes them FEEL than they are to looks alone.
If you know how to use your body language and communication correctly, you can make women feel the same kind of powerful sexual attraction to you that YOU feel when you see a hot, sexy young woman.
But it's not an accident. You have to LEARN how to do this.
And ANY guy can learn how...
MISTAKE #7: Thinking That It Takes Money And Looks
One of the most common mistakes that guys make is giving up before they've even gotten started... because they think that
attractive women are only interested in men who have looks and money... or guys who are a certain height... or guys who are a certain age.
And sure, there are some women who are only interested in these things.
But MOST women are far more interested in a man's personality than his wallet or his looks.
There are personality traits that attract women like a magnet...
And if you learn what they are and how to use them, YOU can be one of these guys.
YOU DO NOT have to "settle" for a woman just because you aren't rich, tall, or handsome.
Let me say this again: If you know how to use your body language and communication correctly, you can make women feel the same kind of powerful sexual attraction to you that YOU feel when you see a hot, sexy young woman.
MISTAKE #8: Giving Away All Of Your Power To Women
Earlier I mentioned that it's a mistake to look to a woman for approval or permission.
Well, another similar tactic that a lot of guys use is GIVING AWAY THEIR POWER to women.
Said differently, guys try to get women to like them by doing whatever the woman wants.
Another bad idea...
Women are NEVER attracted to men that they can walk all over... Women aren't attracted to Wussies!
MISTAKE #9: Not Knowing EXACTLY What To Do In Each Type Of Situation With Women
A woman ALWAYS knows what you're thinking.
Women are approximately TEN TIMES better than men at reading body language. That's ten TIMES.
I know, it might be hard to believe. But for example, if you're out on a date with a woman, and you want to kiss her, she knows it.
And if you don't know exactly what to do and exactly HOW to kiss her, and you just sit there looking at her and getting nervous, she won't help!
And this goes for ALL aspects of women and dating...
Approaching a woman, getting her number, asking her out, kissing her, getting physical... everything.
If you don't know what to do in each situation, you will probably screw it up... and LOSE EVERYTHING.
And you KNOW it.
It is VITALLY important that you know EXACTLY how to go from one step to the next with a woman... from the first meeting, all the way to the bedroom.
MISTAKE #10: Not Getting HELP
This is the biggest mistake of all.
This is the mistake that keeps most men from EVER having the kind of success with women that they truly want.
I know, guys don't like to make themselves look weak or helpless. We don't like to ask for help.
http://498a.org/forum/viewtopic.php?p=31862&sid=e4de73658e160eea856edd43a0344213#p31862
India is a country, which is slowly, opening its doors for western ideas and lifestyles and one of the most crucial episodes amongst it, is the concept of live in relationship.
The Supreme Court also opined that a man and woman living together without marriage cannot be construed as an offence.
"When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence," a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chauhan observed.The court said even Lord Krishna and Radha lived together according to mythology without marriage.
The apex court said there was no law which prohibits live-in relationship or pre-marital sex.Due to marital disputes counter cases are filed by both the parties and these criminal cases take years to decide. Large number of cases, complaints filed under the anti-dowry law are either false or exaggerated. To avoid these complications, in metro cities more and more people are going for live in relations. In live-in relations there is no legal commitment between the parties, therefore the Supreme Court itself which has given strict directions to all the State governments of Indian States to enact laws to make the Registration of Marriage Compulsory process in a Valid Marriage irrespective of the religion of the parties. Let only the properly registered marriages recognized as legally valid marriage.
The recent decision of Delhi High Court on criminal proceedings initiated by the girlfriend / live-in partner of a London-based solicitor Alok Kumar, based on his refusal to marry her, Hon'ble Delhi High Court has ruled that, partner in a live-in relationship can walk out of it at any point of time without any legal consequence and neither of the partners can complain of infidelity if one ditches the other.
Justice Shiv Narayan Dhingra said, Live-in relationship is a walk-in and walk-out relationship. There are no strings attached in this relationship, nor does this relationship create any legal bond between the parties. People who chose to have live-in relationship cannot complain of infidelity or immorality as live-in relationships are also known to have been between a married man and an unmarried woman or vice versa. Kumar is understood to have been a married man with a family in London while he was in his five-year live-in relationship with his girlfriend. The girlfriend is a divorcee with a child.
While granting relief to Alok Kumar, the Court said that the FIR should be quashed to prevent misuse of the criminal justice system for personal vengeance. The girlfriend had filed the FIR with the police at the Indira Gandhi International Airport in New Delhi following an altercation between her and Alok Kumar at the Departure Terminal. The FIR listed charges against Alok Kumar for outraging the girlfriends modesty, committing mischief against her and charges of rape. The girlfriend had also taken possession of Alok Kumar's passport by snatching it from him.
The Court stated, a contract of living together is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will at any time. This is a clear signal on the legal ramifications for those who want and those who do not want to enter into this kind of relationship of walk-in and walk-out.
But the Supreme Court got an opportunity towards the lively debate on legitimacy of the ˜live in relationship as well as legitimacy of kids given birth to out of this kind of relationship, the Top court has decided the fact that such children are not necessarily unlawful. The Supreme Court has additionally held that such kids possess a right to inherit the properties left behind by one of the partners in this kind of relationship.
If a man as well as a lady are living under the same roof and living together for quite a few years, there will be a presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate, said a bench of Justices P Sathasivam and BS Chauhan. The bench said the law presumes in favour of marriage and against concubine.
Despite the judgement of the court on case to case basis it is high time, Government comes out with a legislation that brings trans perency in the live in relationship. The story of the individual cases underline the fact that live in relation is not merely a contract between two individual but new foreign element to our existing culture supported by institution of marriage. So this relation is very near informal legitimacy of husband and wife, which has its ramification to the children born out of this relation. Each legislation has its root in Indian culture and social customs, the new legislation should evaluate that aspect while incorporating new changes of the dynamic society. At this juncture this matter is open to debate and needs immediate attention of Government.
Nitin Saxena
http://www.centralchronicle.com/viewnews.asp?articleID=45371
Six in ten brides have used dirty tricks to get engagement ring on their finger
Sixty per cent of married women have used underhand tactics in an effort to get engaged, a startling new survey has revealed.
Of the 3,600 brides polled, a third admitted to bullying their partner into proposing by threatening to leave him.
Seventeen per cent sent themselves flowers from a fake admirer, and 10 per cent deliberately get pregnant or falsely claimed to be expecting.
Researchers, who questioned women aged between 16 and 50 who had wed during the previous year, found that 60 per cent had used underhand tactics.
Eighteen per cent said they took matters into their own hands, by asking their partners to marry them.
Young women aged between 16 and 20 were found to be the worst offenders with 62 per cent resorting to dirty tricks. Of these, 32 per cent became, or pretended to be pregnant, to entice their boyfriends into engagement.
The survey, commissioned by UKTV channel Really to mark its 'Up The Aisle' season, revealed that nearly a third of women did not enjoy their wedding day as much as they thought they would, and a staggering 62 per cent of couples did not have sex on their wedding night.
Tiredness was cited as an excuse by nearly half of brides, while excessive drinking stopped 31 per cent of newlyweds from consummating their marriages.
Over a quarter of the women questioned said their one regret about their wedding day was their choice of groom.
Really channel head Clare Laycock said: 'Our findings highlight the sometimes shocking and bold lengths that some of us will go to in order to have our dream wedding.'
The poll also suggested that such underhand tactics may not lead to marital bliss with 26 per cent of all couples rowing on their honeymoon.
Money worries were cited by 29 per cent of brides as the cause of the first marital argument, while nine per cent blamed the groom's inappropriate wedding day behaviour.
Other triggers included issues over infidelity and the presence of an ex-partner to the wedding.
Four in ten women said they attached too much importance to the wedding itself rather than a happy start to married life with their partner, though nearly a third said the first day of their marriage was more enjoyable than the wedding ceremony and celebrations.
One in five women admitted that with hindsight, they would have scaled down their nuptials as they proved too stressful. The same number say they forgot to relax and enjoy the day because they were so stressed about arrangements.
NEW DELHI: Two girls — aged 22 and 21 — submitted an affidavit in the Mayur Vihar police station on Wednesday night claiming that they are living together.
Additional deputy commissioner of police (East) I B Irani said: "The girls submitted the affidavit to intimate the local police in their area of their intentions.
One of them works in a private sector office, while the other is unemployed. Though it is not necessary to file such an affidavit, the girls did so on their own accord."
Sources said the duo had come to the station to seek police protection following threats from family members. The girls, residents of Trilokpuri and Wazirabad, had reportedly met six months ago while working in the same office and had developed a romantic relationship. Earlier this month, they reportedly ‘married' and fled from their homes on August 12 to live together. The parents of one of the girls had allegedly threatened the family members of the other. They warned them of dire consequences if their daughter did not return home.
Following the threats, the couple filed the affidavit with the police, said the sources. The couple is currently living together, said the police. The couple is reportedly planning to move court to seek police protection.
Supreme Court lawyer Pinki Anand said: "Though same-sex marriage is not valid under the Hindu Marriage Act, if two consenting adults decide to live together, it is not a criminal offence. If they receive reasonably serious threats, courts are sympathetic to couples seeking protection, whether they are heterosexual couples or those of the same sex."
The Delhi High Court on Thursday acquitted an 18-year-old young man in a kidnapping-cum-rape case, saying that the girl was mature and had gone with him on her own.
A trial court here had sentenced the youth, Kulwant Singh, to seven years' rigorous imprisonment, holding him guilty of kidnapping a 14-year-old girl and having physical relationship with her.
However, Justice S.N. Dhingra set aside the lower court judgment saying that the trial judge had arbitrarily declared the prosecutrix a minor believing the statement of her mother that she was 14 years old at the time of the incident.
The girl had eloped with the boy to Punjab. They remained there for a few months. They had later shifted to Delhi. The Delhi Police had arrested the couple when they were walking together on the city road on a complaint of her mother.
In her statement recorded before a Metropolitan Magistrate under 164 of the Criminal Procedure Code, the girl had denied the charge of her mother that Kulwant had kidnapped her daughter.
However, she changed her statement during the trial saying that she had been kidnapped by Kulwant when she fell unconscious after having a cup of tea which was drugged by him.
The Court pulled up the Delhi Police for cooking up the story and asking the prosecutrix to narrate it before the trial court.
However, Justice Dhingra dismissed her allegations against the convict saying that the statement of witnesses and documents brought on record proved she had gone with the boy of her own free will.
As regards the age of the prosecutrix, the Court believed the radiological test conducted on her which declared her 16 to 17 years old at the time of the incident.
Allowing the appeal of Kulwant, Justice Dhingra acquitted him in the case saying that the girl was mature and had gone with the boy on her own .
City anchor: DETECTIVE AGENCIES WOOING CLIENTS and lawyers WITH PROMISE OF LITIGATION SUPPORT in the form of LEGALLY ADMISSIBLE EVIDENCE
Litigants in the city are hiring more than lawyers to help them win cases. In fact, with the stakes getting higher and higher, many of them have started approaching private detectives to collect evidence against their opponents in court. In turn, the detective agencies assure clients that the “litigation support” provided by them will be completely “admissible under the laws”.
Interestingly, cases reaching private detectives mostly concern couples either planning to get married or already married. Those yet to get married hire detectives for pre-marital verifications regarding job profile, salary, family details and other habits and also to check on the spouses’ fidelity before they take the plunge. Similarly, post-marital verifications involve those who doubt the fidelity of their spouses and are looking for a conclusive answer to their apprehensions.
“Significantly, more women approach us for vetting spouses than men. They want peace of mind after a comprehensive probe and we help them. Through discreet surveillance and undercover operations, our investigators assist them in determining if the other spouse is being dishonest in the relationship. Audio and visual evidence collected are later produced in court while seeking divorce on this ground,” said Ajit Singh, who runs Hatfield Detectives in Satya Niketan.( click the link)
Singh said men often approach them for help in alimony battles. “In several cases, married women seek alimony from husbands claiming they are unemployed and depend on their estranged husbands for maintenance even though they are employed and earning. We collect evidence like their salary slips, cheque and bank account details, attendance register etc to nail their lies in the court,” he added.
While pre-marital investigations cost a minimum of Rs 15,000, post-marital probe can cost anywhere between Rs 20,000 and Rs 60,000. “Given the situation where a man can be asked to shell out lakh of rupees apart from harassment, what we charge is nothing and people happily pay us,” Singh said, adding his clients are not limited to the upper strata of society.
Major Ashok Bhalla, director of A B Detectives, said: “Apart from marital cases, we are also hired for assisting a party in cases of cheating, forgery and property disputes. We gather documentary evidence in such matters by using our resources and contacts. We retrieve papers inaccessible to litigants and take them to court.”
Nirmal Mishra, a lawyer, supports the idea of hiring private detectives for strengthening his case. “Why can’t we hire detectives for gathering some more evidence? No lawyer or his client wants to lose the case. When we have the convenience, we should use it to our benefit,” he added.
New Delhi, Aug 11 – ‘A husband who is a minor can be the guardian of his minor wife,’ the Delhi High court Wednesday said, coming to the rescue of a minor couple by setting aside criminal cases filed against the boy by his wife’s family.
‘No other person can be appointed as the guardian of a minor girl, unless we find that her husband is unfit to act as her guardian for reasons other than his minority,’ said the court.
The court also told the government to educate youth about the ills of early marriage.
Despite their marriage, the two were not allowed to live together after the girl’s family raised serious objection to the marriage.
Providing relief to the couple, Sunil (18) and Neena (16), both names changed, a division bench of Justice Badar Durrez Ahmed and Justice V.K. Jain set aside the rape and abduction cases filed against the boy and allowed the girl to stay with him.
‘Neena’s welfare is of paramount importance, we are of the view that her welfare would be best served if she were to live with her husband. She would get the love and affection of her husband,’ observed the bench.
‘She would have the support of her in-laws who, as we have mentioned earlier, welcomed her. She cannot be forced or compelled to continue to reside at Nirmal Chhaya or some other such institution as that would amount to her detention against her will and would be violative of her rights guaranteed under article 21 of the constitution (protection of liberty),’ the court said.
The court also suggested that the state must take measures to educate the youth that getting married early places a huge burden on their development.
It also said that at the same time, when such marriages occur, they should be treated in a different manner.
‘The sooner the legislature examines these issues and comes out with a comprehensive and realistic solution, the better, or else courts will be flooded with habeas corpus petitions and judges would be left to deal with broken hearts, weeping daughters, devastated parents and petrified young husbands running for their lives chased by serious criminal cases, when their sin is that they fell in love,’ observed the bench.
Sunil and Neena got married May 3 at Sahibabad in Uttar Pradesh. Immediately after their marriage, Neena’s father lodged a first information report against Sunil accusing him of rape and abduction.
Three days later, police apprehended the couple from Rampur in Uttar Pradesh.
A trial court sent Sunil to a juvenile welfare home and Neena was handed over to her parents.
In her statement before a magistrate, she did not say anything against Sunil.
Later, she again ran away from her home and told a court that she did not wish to stay with her parents after which she was sent to a welfare home.
Her father moved the court challenging the marriage saying it was invalid as both of them were minors.
But the court rejected his plea and said: ‘Her natural guardian is no longer her father but her husband. A husband who is a minor can be the guardian of his minor wife.’
http://www.vattal.com/news/minor-husband-can-be-guardian-of-minor-wife-court/
By Mandeep Puri
CHANDIGARH: On Friendship Day, the Save Indian Family foundation (SIFF) has launched a SMS campaign to warn the would be grooms to be ware of deadly weapon in the hands of bride grooms- Section 498 A of Indian Panel Code which has made marrying in India a crime.
“Filing a complaint under section 498A is as easy as ordering an idli sambar to a road side vendor and actually, it is easier—the vendor may refuse to provide the dish but the police cannot refuse to listen to bride grooms”, claimed the members of Save Indian Family foundation (SIFF).
A SIFF spokesman said, their aim is to make aware of the consequence that a man can face marrying in India. The SMS campaign, which was carried throughout the day targeted the people of Chandigarh, its counterparts, Punjab and Haryana. Thousands of SMSs were sent, saying, “If men in India wish to face the threat of losing their jobs and social status, then they should consider marrying in India. If you marry in India, then you have to abide by the laws of the land," stated SIFF.
“As far as revision of the law is concerned, National Commission for Women (NCW) maintains that strict dowry law is the sole way to ensure women empowerment and this is the only way to instigate the police and judiciary to get working.
SIFF through the SMS campaign warned the people to be careful of the Indian dowry laws and its misuse”, said Gaurav Saini.
The grooms targeted under this law are mostly wealthy and highly educated doctors, engineers, scientists and businessmen who are highly successful and have proven themselves in the career front. These people are threatened by the unscrupulous wives in collusion with the police to shell out crores of rupees as compromise amounts or find their names alongside dreaded international terrorists or drug smugglers.
“Such campaigns will continue in the coming future”, said the organisation.
NCW: Fix single age for girls' marriage
11 Jul, 2010 0331hrs IST TNN
[ Himanshi Dhawan ]
NEW DELHI: What is the marriageable age for a girl in India? Well, there is no straight answer to this question, thanks to legal loopholes.
Now, in a bid to dispel doubts, the National Commission for Women (NCW) has asked the government to consider bringing uniformity in the 'marriageable age' and 'age of consent' for girls. The need arises because of the disparity in laws and contradictory court judgments.
Both the Hindu Marriage Act, 1955, and the Prohibition of Child Marriage Act, 2006, do not term a marriage between a girl below 18 years and boy below 21 years as "illegal" but recognize such unions as void and voidable (that is, there are grounds to quash it in a court of law, if challenged).
In recent times, however, there have been judgments — where the courts allowed a girl below 18 years, in one case as young as 13 years, to go to her husband respecting her discretion or "age of consent", even though she was yet to attain the legal age of marriage.
NCW has noted that courts in recent years have been only relying on a minor married girl's discretion on whether she wants to live with her parents or go to a protection home.
NCW chairperson Girija Vyas said, "We will ask the government to make the marriageable age of women uniform in all laws. Our petition is already before the court but we would like to press upon the government to clear the confusion and also ensure registration of all marriages."
Vyas said this was the only way to discourage child marriages that are rampant across the country.
According to the National Family Health Survey-3, over 47% of women in the age group of 20-24 years had been married by the time they were 18 years.
The court judgments, which held marriage of girls under 18 years to be legally valid, only add to the existing confusion regarding the marriage of a minor and highlight the disparity.
For instance, Section 5 (iii) of the Hindu Marriage Act, 1955, stipulates the marriageable age for both boys and girls. However, Section 11 leaves this clause out of the purview of the courts as far the legitimacy of a marriage is concerned.
Also, the explanation to Section 375 of the IPC provides that sexual intercourse between a man and his wife is not rape if she is 15 years or more. This acknowledges that it is possible to marry a girl, albeit a minor, even if she is 15 years or more.
NCW also plans to renew its demand for compulsory registration of all marriages.
11 Jul, 2010 0331hrs IST TNN[ Himanshi Dhawan ]
NEW DELHI: What is the marriageable age for a girl in India? Well, there is no straight answer to this question, thanks to legal loopholes.
Now, in a bid to dispel doubts, the National Commission for Women (NCW) has asked the government to consider bringing uniformity in the 'marriageable age' and 'age of consent' for girls. The need arises because of the disparity in laws and contradictory court judgments.
Both the Hindu Marriage Act, 1955, and the Prohibition of Child Marriage Act, 2006, do not term a marriage between a girl below 18 years and boy below 21 years as "illegal" but recognize such unions as void and voidable (that is, there are grounds to quash it in a court of law, if challenged).
In recent times, however, there have been judgments — where the courts allowed a girl below 18 years, in one case as young as 13 years, to go to her husband respecting her discretion or "age of consent", even though she was yet to attain the legal age of marriage.
NCW has noted that courts in recent years have been only relying on a minor married girl's discretion on whether she wants to live with her parents or go to a protection home.
NCW chairperson Girija Vyas said, "We will ask the government to make the marriageable age of women uniform in all laws. Our petition is already before the court but we would like to press upon the government to clear the confusion and also ensure registration of all marriages."
Vyas said this was the only way to discourage child marriages that are rampant across the country.
According to the National Family Health Survey-3, over 47% of women in the age group of 20-24 years had been married by the time they were 18 years.
The court judgments, which held marriage of girls under 18 years to be legally valid, only add to the existing confusion regarding the marriage of a minor and highlight the disparity.
For instance, Section 5 (iii) of the Hindu Marriage Act, 1955, stipulates the marriageable age for both boys and girls. However, Section 11 leaves this clause out of the purview of the courts as far the legitimacy of a marriage is concerned.
Also, the explanation to Section 375 of the IPC provides that sexual intercourse between a man and his wife is not rape if she is 15 years or more. This acknowledges that it is possible to marry a girl, albeit a minor, even if she is 15 years or more.
NCW also plans to renew its demand for compulsory registration of all marriages.
