Legal Supreme Court Judgement, Given Relief To Women, Deserted By Husband Intentionally

[rajneesh madhok]

Supreme Court Judgement, Given relief to women, Deserted by Husband Intentionally.

No divorce if spouse is compelled to live separately:SC - India - The Times of India

It is really important to understand whether two human being are compatible to live together. So, keep in mind that whether any help in form of conciliation attended by specialist physciatrist/ physcologist given and the matter has been looked into. In deciding family matters only exercise of parental jurisdiction is apparently needed.
When a family comes in distress for relief, holding one spouse wrong against the other cannot be the solution at least not from highest forum.
We are thankful to the Supreme Court for providing relief to the deprived lot (Women) of the society those have been deserted by husbands intentionally.
Rajneesh Madhok

 

[Taranjeet singh]

Yes Madhok ji, it is a land mark judgement.The present laws deal with the aspect of the maintenance only.

A wife is entitled to be maintained by her husband. She is entitled to remain under his roof and protection. She is also entitled to separate residence if by reason of the husband's conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. Right to residence is a part and parcel of wife's right to maintenance. The right to maintenance cannot be defeated by the husband executing a will to defeat such a right. Any precedent, much less of a binding authority, from any Court in India and dealing with a situation as we are called upon to deal with is not available.
However, English decisions are also intersting ___ "A wife is no longer her husband's chattel. She is beginning to be regarded by the laws as a partner in all affairs which are their common concern. Thus the husband can no longer turn her out of the matrimonial home. She has as much right as he to stay there even though the house does stand in his name. . . . . . . . Moreover it has been held that the wife's right is effective, not only as against her husband but also as against the landlord. Thus where a husband who was statutory tenant of the matrimonial home, deserted his wife and left the house, it was held that the landlord could not turn her out so long as she paid the rent and performed the conditions of the tenancy."

In India wife has no right if the husband lives in the property owned by the father in law.In such cases the onus would be placed on the husband to provide the residence. The recently introduced 'Domestic Violence Act,2005 shall go a long way in resolving the issues related to maintenance and the residence.

Another interesting part of the Judgement is that the husband shall not be able to seek a divorce if he throws out the wife. These tricks were common where in the husband wanted to change the wife or re-marry to a new lady without any fault of the first spouse.

I agree that it shall go a long way in resolving the outstanding issues/cases where the divorces are sought on flimsy grounds and the judiciary is overloaded unnecessarily.

 

[spnadmin]

twinkle ji

It is wonderful to read an analysis of legal implications written by a lawyer. That was really a clear explanation and none of the subtler aspects were omitted either. The comparison with English law made everything else easier to understand.

And thanks rajneesh ji for getting us to the point of having a serious review of the issue.

 

[Taranjeet singh]

twinkle ji

It is wonderful to read an analysis of legal implications written by a lawyer. That was really a clear explanation and none of the subtler aspects were omitted either. The comparison with English law made everything else easier to understand.

And thanks rajneesh ji for getting us to the point of having a serious review of the issue.

Thank You very much Respected Narayanjot Kaur ji, my weight has increased by two kg right now after reading your encouraging comments.

 

[spnadmin]

twinkle ji

You probably need to put on a little weight. You have an active life.

 

[rajneesh madhok]

Yes Madhok ji, it is a land mark judgement.The present laws deal with the aspect of the maintenance only.

A wife is entitled to be maintained by her husband. She is entitled to remain under his roof and protection. She is also entitled to separate residence if by reason of the husband's conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. Right to residence is a part and parcel of wife's right to maintenance. The right to maintenance cannot be defeated by the husband executing a will to defeat such a right. Any precedent, much less of a binding authority, from any Court in India and dealing with a situation as we are called upon to deal with is not available.
However, English decisions are also intersting ___ "A wife is no longer her husband's chattel. She is beginning to be regarded by the laws as a partner in all affairs which are their common concern. Thus the husband can no longer turn her out of the matrimonial home. She has as much right as he to stay there even though the house does stand in his name. . . . . . . . Moreover it has been held that the wife's right is effective, not only as against her husband but also as against the landlord. Thus where a husband who was statutory tenant of the matrimonial home, deserted his wife and left the house, it was held that the landlord could not turn her out so long as she paid the rent and performed the conditions of the tenancy."

In India wife has no right if the husband lives in the property owned by the father in law.In such cases the onus would be placed on the husband to provide the residence. The recently introduced 'Domestic Violence Act,2005 shall go a long way in resolving the issues related to maintenance and the residence.

Another interesting part of the Judgement is that the husband shall not be able to seek a divorce if he throws out the wife. These tricks were common where in the husband wanted to change the wife or re-marry to a new lady without any fault of the first spouse.

I agree that it shall go a long way in resolving the outstanding issues/cases where the divorces are sought on flimsy grounds and the judiciary is overloaded unnecessarily.

<link rel="File-List" href="file:///C:/DOCUME%7E1/ADMINI%7E1/LOCALS%7E1/Temp/msoclip1/01/clip_filelist.xml"><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <woNotOptimizeForBrowser/> </w:WordDocument> </xml><![endif]--><style> <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} h1 {mso-style-next:Normal; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; page-break-after:avoid; mso-outline-level:1; font-size:12.0pt; font-family:"Times New Roman"; mso-font-kerning:0pt; font-weight:normal; text-decoration:underline; text-underline:single;} a:link, span.MsoHyperlink {color:blue; text-decoration:underline; text-underline:single;} a:visited, span.MsoHyperlinkFollowed {colorurple; text-decoration:underline; text-underline:single;} @page Section1 {size:8.5in 11.0in; margin:0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} /* List Definitions */ @list l0 {mso-list-id:695230574; mso-list-type:hybrid; mso-list-template-ids:1196970744 67698703 67698713 67698715 67698703 67698713 67698715 67698703 67698713 67698715;} @list l1 {mso-list-id:1107389263; mso-list-type:hybrid; mso-list-template-ids:719487936 67698703 67698713 67698715 67698703 67698713 67698715 67698703 67698713 67698715;} ol {margin-bottom:0in;} ul {margin-bottom:0in;} --> </style> Dear Twinkleji,
I am particularly thankful to you for your help and guidance. I am also greatful to Honourable Nayanjyot Kaurji the eminent personality of SPN for organizing discussion like a workshop to discuss the concept and the points to resolve the matter. I am greatful to Mr. Aman Singh whose discussions on various subjects gave me the benefit of his wisdom, learning and vast experience.
Yes, Twinkle ji, I agree to you with the points raised regarding maintenance and fully agree to the point that the Domestic Violence Act, 2005 shall go a long way in resolving the issues related to maintenance and residence. We are grateful to The Honourable Supreme Court for passing the Judgment by which the husband shall not be able to throw out the wife from the house. This landmark judgment has created obstacles in the malpractices and tricks adopted by husbands so far.
With the kind grace of almighty we hope that the divorce cases will be settled soon those are pending in the courts due to the flimsy grounds.
The present laws in favour of Women are

<!--[if !supportLists]-->1.<!--[endif]-->Indecent Representation of Women (Prohibition) Act, 1986
<!--[if !supportLists]-->2.<!--[endif]-->Protection of Women from Domestic Violence Act, 2005 as you described in your recent post.
<!--[if !supportLists]-->3.<!--[endif]-->The Dowry Prohibition Act, 1961
<!--[if !supportLists]-->4.<!--[endif]-->Sexual Harassment at work Place.
<!--[if !supportLists]-->5.<!--[endif]-->The Pre-conception and Prenatal and Diagnostic Techniques (Prohibition os Sex Selection) Act, 1994.
<!--[if !supportEmptyParas]--> <!--[endif]-->
In addition to it the Women can file suit under Protection of Civil Rights Act 1955. If she is not interested to file suit then the easiest way to lodge complaint is with National Commissions/ Bodies Like
<!--[if !supportLists]-->1.<!--[endif]-->Legal Services Authorities act, 1987
<!--[if !supportLists]-->2.<!--[endif]-->National Commission for Women,
<!--[if !supportLists]-->3.<!--[endif]-->Nathional Human Rights Commission.
<!--[if !supportLists]-->4.<!--[endif]-->National Commission for the Protection of Child Rights.
<!--[if !supportEmptyParas]--> <!--[endif]-->
In the above mentioned commission there is no need to file the complaint through the lawyer/ Advocate one can lodge complaint written on a simple paper with no court fee. The simple application is treated as Writ Petition before the commission and the respondents are duly summoned to appear before the commission and both the parties the Plantiff (complainant) and the Respondents are intimated to appear before the commission. The Commission tries to resolve the dispute.
<!--[if !supportEmptyParas]--> <!--[endif]-->
In addition to all that the Police has also been empowered the powers of law enforcement agency. Now the Police acts as law enforcement and in addition to it it provide protection of human rights. The only need is to report the matter on Plain paper. If there is any problem that the Police is not registering the complaint then the member can put her grievances on http://www.sikhphilosophy.net/ The team of our eminent members will certainly be helpful to resolve problem by guiding the best way out.
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In case the problem with family dispute still exists then the matter should be reported to Ministry of Home Affairs for speedy action.
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I suggest the deprived lot (Women) kindly don’t come in to the pressure of family and society if the injustice is being done with you. As we have gone through so many posts posted earlier in SPN regarding the injustice made to Women. The members of SPN are here to solve the problems occurred due to Discrimination
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If any woman faces sexual exploitation then the report can be lodged under Immoral Traffic (Prevention) Act 1956. This act has been formed to deal with the commercial sexual exploitation of women and children.
<!--[if !supportEmptyParas]--> <!--[endif]-->
If Police is not helpful: Then go for the help of NGOs. The NGOs play significant role in resolving the Family disputes. As they are of great help as counselors and if needed they themselves prepare the victim/ witness to face the court and proceedings in the court.
In the end I can say that the Equality will remain a distant dream despite the promises made in the constitution of India fifty years ago.
Why still there are dowry deaths.
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Dear deprived lot (Women) if still you are not coping up with the situation. The Hindu Marriage Act, 1955 has been liberalized and now you can adopt through the amendment of 1976 which permit divorce by mutual consent. The personal laws of other religions also permit divorce under Certain circumstances.
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Rajneesh Madhok

 

[kds1980]

I suggest the deprived lot (Women) kindly don’t come in to the pressure of family and society if the injustice is being done with you. As we have gone through so many posts posted earlier in SPN regarding the injustice made to Women. The members of SPN are here to solve the problems occurred due to Discrimination

And what about men.The suicide rate among married men is 5 times higher than married women.It is now a well known truth that section 498a anti dowry law is one of the most misused law in India by women

 

[rajneesh madhok]

And what about men.The suicide rate among married men is 5 times higher than married women.It is now a well known truth that section 498a anti dowry law is one of the most misused law in India by women

<meta http-equiv="Content-Type" content="text/html; ch{censored}t=utf-8"><meta name="ProgId" content="Word.Document"><meta name="Generator" content="Microsoft Word 9"><meta name="Originator" content="Microsoft Word 9"><link rel="File-List" href="file:///C:/DOCUME%7E1/ADMINI%7E1/LOCALS%7E1/Temp/msoclip1/01/clip_filelist.xml"><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <woNotOptimizeForBrowser/> </w:WordDocument> </xml><![endif]--><style> <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:8.5in 11.0in; margin:0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --> </style> I suggest the deprived lot (Women) kindly don’t come in to the pressure of family and society if the injustice is being done with you. As we have gone through so many posts posted earlier in SPN regarding the injustice made to Women. The members of SPN are here to solve the problems occurred due to Discrimination
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Dear Kanwardeep Singhji,
Woman’s identity: I hope you will agree to me that being a woman from the childhood the girl child do not enjoy the privilege of her own rights and individuality. From birth to death she identifies herself as daughter, sister, wife or mother and so she used to live i.e. under the protection of man, thus loosing her own identitiy, individuality and rights.
<!--[if !supportEmptyParas]--> <!--[endif]-->
Man’s identity:
It is a hard fact that from generation to gerneration man has ignored the rights of woman and so by nature has been dominating woman.
<!--[if !supportEmptyParas]--> <!--[endif]-->
As married man role of Man:
From the birth the male child is being considered as Assets of the family. So, he has to make balance between his parents, his responsibilities towards parents and the dignity of his wife. But to make the balance is very difficult. This is the main cause of clash in the married life.
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As married woman role of Woman:
Married woman’s role is to look after the comforts of the family, being a dutiful daughter, mother, obedient daughter in law and faithful wife. The first highlighted point is to be considered here as well. She lost her identity at this place even.
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Woman’s role in the eyes of in-laws:
She is considered producer of goods and reproducer of new generation. In this role she is being discriminated and deprived of that results to undernourishment and malnourishment even when food is available. Why she is eliminated before she sets her tiny foot on this earth.
<!--[if !supportEmptyParas]--> <!--[endif]-->
The point of adjustment in married life:
Since birth she is being discriminated, if and only if allowed to be born. She is considered inferior to male siblings in twenty first century even. Her adult life is even worse.
Present working ladies life:
She has to lift the dual burden at home and at work and so she get through continuous tensions.
<!--[if !supportEmptyParas]--> <!--[endif]-->
Now we come to the point of IPC Section 498A:
Dear Kanwardeepji, we come to the point of sufferers under 498A. Suppose the 498A has been misused. Now come to the effected persons list. The victim again become the husband, his old parents, brothers, sisters, relatives. All of them are being arrested and jailed without investigation. Though the Supreme court has ruled several times that arrest should an exception and not compulsory. But we see that everyday the Honourable court’s orders are being disobeyed. Police is forced to take women’s complaint more seriously and arrest the accused even when they find the case to be fabricated. Dear you know if the police don’t take action on complaint then the women’s groups formed in each city and town create havoc and create pressure on higher officials to take action against the junior police officials
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Dowry is not an issue in most of the cases:
Yes it is a hard fact that in most of the cases the dispute is not due to dowry. Dowry deaths and physical injury due to dowry will be a negligible figure. But the cases of dowry harassment are filed and the family is being implicated in 498A cases. I don’t deny that it is in practice now-a-days and I can say that most of the cases are false accusations.
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Solution to the problem:
The affected parties should take the help of NGOs, family members, society and should settle the dispute within family. The suggestions of SPN members can be taken as the members will not be having attraction to neither of the party and so the suggestion will be made for the benefit of both the parties. If the matter is not reconciled in the society then the help of Crime against women Cells and courts should be taken.
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Rajneesh Madhok

 

[kds1980]

Woman’s identity: I hope you will agree to me that being a woman from the childhood the girl child do not enjoy the privilege of her own rights and individuality. From birth to death she identifies herself as daughter, sister, wife or mother and so she used to live i.e. under the protection of man, thus loosing her own identitiy, individuality and rights.

Well it depend on family.In my family girl children were never discriminated.Infact my own younger cousin was and still more loved by her parents.

Married woman’s role is to look after the comforts of the family, being a dutiful daughter, mother, obedient daughter in law and faithful wife. The first highlighted point is to be considered here as well. She lost her identity at this place even.

In Indian family system both men and women use to loose their identity and dedicate their lives for children.For example my grandfather worked day and night and raised 5 children
made property ,in that life what enjoyment he did? nothing and it is not the story of my grandfather only in many families today we see big properties are made people who worker tirelessly for their children.

Since birth she is being discriminated, if and only if allowed to be born. She is considered inferior to male siblings

Yes its true Girls are considered inferior to boys and single reason for this is boys are still the best old age insurance policies in India.We all know that humans are very much selfish by nature and could go to extreme for their benefit.

 

[rajneesh madhok]

:woohoo:
<meta http-equiv="Content-Type" content="text/html; ch{censored}t=utf-8"><meta name="ProgId" content="Word.Document"><meta name="Generator" content="Microsoft Word 9"><meta name="Originator" content="Microsoft Word 9"><link rel="File-List" href="file:///C:/DOCUME%7E1/ADMINI%7E1/LOCALS%7E1/Temp/msoclip1/01/clip_filelist.xml"><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <woNotOptimizeForBrowser/> </w:WordDocument> </xml><![endif]--><style> <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:8.5in 11.0in; margin:0in 1.25in 0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} /* List Definitions */ @list l0 {mso-list-id:225384663; mso-list-type:hybrid; mso-list-template-ids:-772531418 67698703 67698713 67698715 67698703 67698713 67698715 67698703 67698713 67698715;} @list l0:level1 {mso-level-tab-stop:.5in; mso-level-number-position:left; text-indent:-.25in;} ol {margin-bottom:0in;} ul {margin-bottom:0in;} --> </style> Dear Kanwardeepji,
You have totally missed the point. Just go through your memory about 10-15 years back. The NRIs had been considered as High class people. Though most of them had been ordinary working class. Though they had been having comfortable standard of living. Now at present in India the approach of common man has go to the luxurious items like Car, AC, LCD if not Plasma TV, Refrigerator, Nicely built Kitchens, Bathrooms, Living rooms and houses. The standard of living of common man has drastically improved. The children are taking education in the modern Schools and the patients are being treated at Multi-speciality hospitals. The reason behind it is the upliftment in the standard of living. By this factor the changes came in the society as a whole. The points I had earlier discussed regarding Girl child here is the reply to your Point wise queries.
<!--[if !supportLists]-->1. [/FONT]<!--[endif]-->In point one you have rightly said that there is no discrimination regarding girl child. The point is that now there are one or at the maximum to girl children in the family. As the standard of living has improved as like wise the parents are bringing up their girl children with utmost care, love and affection. It is not applicable to your home but this factor is applicable to the society as a whole. But we should not neglect the factor of female foeticide. Though in the middle to upper class families we have enough to feed the girl child but still the female foeticide problem has not been abolished. Keep this factor in consideration as well.
<!--[if !supportLists]-->2. [/FONT]<!--[endif]-->Point No. 2: You are giving example of your grand father. Dear consider the working capacity and the interest of work of all the persons in the age group of your grand father. Everybody has toiled for the benefit of their children. Now as the standard of living of common person has changed due to the rise in the prices of Real Estate. The factor is the funds generated in India due to the boom in IT industry. If there had not been boom in IT industry then I am confident that the standard of living of common person would have not been improved. The money that came to India from the western countries due to IT boom. It revolved in whole of the country that brought the prices of each and every commodity high to higher. You know that is vicious circle of Demand-Supply-Satisfaction. Now consider the definition of Economics. “Economics is the science that studies human behaviour as a relation between ends and scare means that has alternative uses.” When we get means to cover our needs then most of the problems get away. This is all due to the factor of earnings and Reserved funds.
<!--[if !supportLists]-->3. [/FONT]<!--[endif]-->My third Point: I myself furnish contradictory statement on that point. The time has now changed due to changes in the conditions and so the country’s people has changed. From the last 30 years there are drastic changes about the thinking of the people. Now the old systems have changed. The time is of Credit Cards, banking systems, international flights, computers, internet has changed the life of a common man as well. The India has grown gracious with age.
<!--[if !supportLists]-->4. [/FONT]<!--[endif]-->In 70’s and 80’s the NRIs from Dubai had been respected a lot by everybody and banks. Today with sea change in exchange controls and liberlization the whole world is in India. Now the NRIs are not having much respect which they had been a few years back.
<!--[if !supportLists]-->5. [/FONT]<!--[endif]-->Now UK nationals those are visiting India don’t spend much in the market. Though they had been treated superior but now it is a drastic change in the behaviour towards UK residents. Second part is that previously the Indian People had been helped by their relatives financially time to time and continuously even, that trend has been changed now.
<!--[if !supportLists]-->6. [/FONT]<!--[endif]-->As the inlated importance being attached to NRIs is diminishing. Earlier common Indian mentality was of multiplying a dollar by 50. But with the modern means of communication and internet, it is well known to everybody that how the green buck has been earned by the majority of NRIs.
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So friend consider all the factors that made changes in the life of Girl child. Now everybody is bringing up his/her daughter with utmost care.
Rajneesh Madhok