Come down to the ground, get your family – parents, siblings, friends, cousins, colleagues to attend the protest against property grabbing laws and show your solidarity. Date 26 May 2012, Venue : Town Hall, Near Corporation Circle, Bangalore,. Time 9:30 AM.
Highlights of the law:
This law recognizes “Irretrievable Breakdown of Marriage” as a ground for divorce.
While the law empowers the wife to oppose the divorce at any point of time if the husband has filed for divorce, it restrains the husband from doing so when the wife has filed for the same.
This law also contains a clause by which courts will be empowered to snatch away half the property of husband and give it away to wife.
This law only talks about women’s rights and has no considerations whatsoever for men.
However, the objections raised by men’s rights organizations have been conveniently ignored by the standing committee panel, that has gone ahead and recommended the very clauses to the Govt. of India for the bill to be tabled, to which the men’s rights organizations has raised objections against.
What will happen if?
- Husband purchases a property just 6 months after marriage out of his hard-earned savings earned before marriage and his marriage breaks and he loses half of the property. In that case the husband will be doomed.
- Men start fearing this law and stop buying real estate which adversely affects the economy of the country.
- Husband has dependent parents and owns a single property and if 50% of that goes to wife post-divorce, how will the husband take care of his old parents? Is the concept of family restricted to only husband-wife in the Indian context?
- What, if the family is a Hindu Undivided Family (HUF) owning a single joint property? Will the wife get 50% of that? What about other sibling’s share in it?
SCRAP this amendment.
- Marriages and Divorces should not be made a property-transfer-bureau.
- If property division is to be done then wife’s share in her ancestral property must also be considered and then division must be done.
- Duration of marriage must be a crucial factor of consideration. The difference between a 2 month marriage and a 20 year marriage must be clearly understood.
- Property division must take into account contributions made by both the spouses and also the fact that the property was acquired from wealth earned post marriage and not from previous savings.
- Any and all outstanding financial liabilities on the property like loan for property, loan against property, mortgage etc. must also be equally divided and wife must be made to be equally paid for it. If she is not working then she should get her share from her ancestral property.
- Both the partners should have equal and unbridled right to oppose divorce and there should be no gender-bias in this.
- There should not be any power wrested with the courts to decide upon property transfer or stalling of proceedings as the Indian judiciary is highly incompetent and has not shown positive trends favoring men when it comes to disposing cases. The Indian judiciary is highly anti-male and does not consider twice before ordering a man to either “sell his kidney” or “beg, borrow or steal” just to pay maintenance to his estranged wife. What is the guarantee that the same judiciary will make judicious decisions when it comes to this law?
- Institute a National Commission for Men, that can systematically collect issues, concerns and problems of men, study them and recommend to the Govt. about measures to be taken to address those problems.