Press Release: Indian husbands stand to lose their property in wake of new divorce law.

PRESS RELEASE

Subject: Indian husbands stand to lose their property in wake of new divorce law.

The Government is in such a great haste to amend Hindu Marriage Act that, it is doing flips flops in its own stands about details of property division in last one year. This shows that its own ministers have neither clarity nor consensus about how to handle the issue of alimony and property division, when this no fault divorce law is enacted. The other parliament members representing the common man are even more clueless, about what is cooking. Yet, the Government is under pressure to pass this law in haste before its term expires in less than a year.

In the process, the Government has refused to involve law commissions, parliamentary standing committees to draft this will, which will impact lives of millions of young men and women in future. It is certain that, if this current draft bill is passed as approved by Group of Ministers, the end result will be another badly drafted law, which will only add to the misery of people facing marital problems.

Save Indian Family Foundation (SIFF) strongly objects to the Marriage Laws (Amendment) Bill, 2010 in its current form and demands its rollback. SIFF demands that the bill in its current form should not be tabled.

SIFF is also against too much discretion to be given to judges and courts in deciding monthly spousal support and how the property is to be divided.

Points to be noted:

This law cannot be generalized as “women friendly” as more than 70% poor families in India are often in debt with no property and they have huge liabilities like daughter’s marriage. This law is only meant for rich and upper class women. Political Parties like BJP, SP, BSP and others must oppose and vote against this bill in parliament, because it will increase India’s divorce rate to atleast 30% in next 10 years.

Any Marriage law amendment has to be seen in a holistic manner taking into account other laws like shared parenting, child support, spousal support or monthly alimony. Will the man end up paying lifelong alimony even after parting with his own property and ancestral property? These questions need to be resolved in a calm manner in a discussion with various stake holders rather than forcing a badly drafted law on people in haste.

SIFF gives following Proposals to the Government:

  1. Government must first rollback this law and must not table this bill in the current session of parliament.
  2. Government must bring in gender neutral language by replacing the word “Husband” and “Wife” by “Spouse” and “Man” and “Woman” by “Person”. Also either spouse must have equal right to oppose the divorce petition as it guarantees equality before law.
  3. Government must create a simple formula for estimating contribution of a woman to the marriage or her husband’s family. Naturally, this will depend on duration of marriage, number of children, whether she is a housewife or a working woman etc. If a woman is a housewife with 3 children, taking care of old in-laws, then she has contributed a lot more to house than a working woman with no child in a marriage of just 1 year.
  1. On the basis of this formula monthly spousal support, alimony or other settlements have to be worked out. A Judge can use a bit of discretion over this formula.
  1. So, if a woman’s contribution to husband or his family (according to this formula) exceeds the cost of the property, then she can just take the complete property. Alternately, she can choose to not take property, but receive monthly spousal support instead. The point is she cannot have both the property and also spousal support.
  1. Government must appoint a committee or law commission to create this formula.
  1. Government must consider shared parenting by both biological parents and child visitation rights of Grand Parents as a default arrangement, unless otherwise ordered by a court of law. Govt must make it a criminal offense, if any custodial parent is obstructing shared parenting and rights of grandparents to visit the child.
  1. Government must not give too much discretion and powers to courts to decide about the quantum of property division, monthly spousal support and child support. Too much discretion to judges, will lead to judges deciding on the basis of their whims and fancies with no accountability to anyone. Most Men do not trust Family courts, which have been highly insensitive to rights of men. In most cases, Courts have taken years to even allow these men to meet their own children. By that time, the children have completely forgotten who their father is.
  2. Government must ensure that women get equal share of parental and inherited property from their own parents first. They must add new clauses to Hindu Marriage Act about a woman’s right to residence in her own parent’s house, in case she gets separated in a short marriage. It must be considered criminal offense, if the parents force her to go to her husband’s house. Similarly, it must be considered a criminal non-cognizable offense if parents and bothers of a woman disinherit her from property, acquired or inherited.

Contact:

0 90083 02822 – Virag

0 98451 43724 – Anil

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8 thoughts on “Press Release: Indian husbands stand to lose their property in wake of new divorce law.

  1. Respected Sir. Point number 9 humble suggestion. I feel this protection should be for son as well ie parental property. Goa has this and this protects children from abusive parents both son and daughter

  2. As this law is hanging fire for the past few years to give relief to those who are separated for the past few years, it should be allowed to pass. With reservation that the quantum of alimony and property should depend on her contribution to the property. Inherited property in no case should be given as she is now entitled to her own paternal inheritance and taking a share from husband will reduce the share of children born to the husband later. In this new law refusal to divorce cannot be accepted as they are anyway living separate for few years and refusing by wife is only to increase her demands.

  3. In Naseerudin Shahs dialogue in the film Wednesday.
    I am the stupid old common man.
    Let me analyze my status.
    Law protects my parents ( I believe there is a law that old parents have to be maintained )
    Parents can disinherit me from their property
    Marriage. IPC 498A dowry law. My whole family can be arrested behind bar under non bailable offence. Large sums of money can be extorted by the pativrata wife. If proven innocent she can just walk away as if she has just prepared a cup of tea.
    Divorce laws. From father I am demoted to once a week visitor. Releived of half property.
    Domestic violence. Video footage has shown that men too can be victim of domestic violence. My wife protected. I am the eternal punching bag. Azaad desh ke ghulam is definitely a phrase which I can associate myself with

  4. with UPA( unmindful perverted association) what else can be expected when INR is at 60 down 10% what else they can think about. A dictatorial democracy where the PM is a surrogate of an italian lady who controls the whole nation. We men have created the path for such–slowly the disintegration of india will happen. No wonder Islam conversions before marriage is the only way out.

    • Can anyone pkease tell me that, is this new law in force?? I mean it has been passed in rajya sabha but to be a law it has to be passed in lok sabha as well, right?? Is this a law or yet to be passed as law??
      Thanks, Viki

  5. Please enlist the support of respectable and well known members of society like Anna Hazare, Arvind Kejriwal, Kiran Bedi, Sudha Murthy, Kiran Majumdar Shaw apart from activists of cultural organisations like Arya Samaj. Otherwise, your struggle will most probably go waste.

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