Thursday, 20 June 2013

Understanding IrBM

UNDERSTANDING IrBM IN 125 SECONDS




The Contents are here:

SLIDE 1:
ORIGIN OF IrBM

Hon’ble Supreme Court in Two Judgments Announced:

Naveen Kohli vs Neelu Kohli on 21 March, 2006Before we part with this case, on the consideration of the totality of facts, this Court would like to recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. http://www.indiankanoon.org/doc/1643829/

Ms. Jordan Diengdeh vs S.S. Chopra on 10 May, 1985It is thus seen that the law relating to judicial separation, divorce and nullity of marriage is far, far from uniform. Surely the time has now come for a complete reform of the law of marriage and make a uniform law applicable to all people irrespective of religion or caste. It appears to be necessary to introduce irretrievable break down of marriage and mutual consent as grounds of divorce in all cases.http://www.indiankanoon.org/doc/569459/

SLIDE 2:
WHAT IS IrBM

NEW GROUND FOR DIVORCE. APPLICABLE ONLY TO HINDU MARRIAGE ACT & SPECIAL MARRIAGE ACT
HUSBAND CAN NOT CHALLENGE THE DIVORCE PETITION OF WIFE BASED ON FINANCIAL HARDSHIP
AS A REWARD FOR DIVORCE, MINIMUM 50% ASSETS OF THE HUSBAND WILL BE GIVEN TO THE WIFE BY LAW (not on Judge’s discretion)
ASSETS OF HUSBAND TO BE DIVIDED:  PRE-MARRIAGE & POST MARRIAGE, INHERITED & INHERTIABLE – MOVEABLE & IMMOVEABLE ASSETS
EVEN WITH “NO FAULT”, THERE IS NO PROVISION OF EXCLUSIVE LITIGATION i.e. NO 498A / PWDVA2005 / CrPC 125 / etc.


SLIDE 3:
WHY ROLLBACK IrBM

BILL IS ANTI-MALE
MAN HAS NO RIGHT TO CONTEST

MAN’s PROPERTY ONLY DIVIDED
EVEN IF PROPERTY IS BOUGHT BEFORE MARRIAGE
DIVISION OF MAN’s ANCESTRAL PROPERTY
DIVISION OF MAN’s PARENTAL PROPERTY

IF 1 CHILD THEN HUSBAND GETS 33%
IF TWO CHILDREN THEN HUSBAND GETS 25%

NO TALK ABOUT CHILD CUSTODY
MARRIAGE IS LEFT AS A PROPERTY DEAL

ALL THIS MAN PAYS WITH “NO FAULT”
THIS ONLY PENALIZE A HINDU HUSBAND

EVEN JUDGE HAS NO RIGHT TO DECIDE


SLIDE 4:
WHY IS IrBM WRONG

While awarding Alimony under Hindu Marriage Act, the Judge takes into consideration on ONLY the Net Worth of the Husband, then why a new law required dividing the same assets? Isn't that Double Jeopardy? Alimony decisions from the Hon’ble Courts are based only on Husband’s worth while wife’s assets are not even considered.

When Domestic Violence Law defines that Economic Violence as Husband not allowing wife to work, then if a wife is MAKING PERSONAL choice of not working, why should the Husband Pay?

This Bill even doubts the capabilities of the Courts of India and hence is pushing for the percentage of Division without allowing a Hon’ble Judge to use his/her wisdom.

THIS BILL DOES NOT PROVIDE THE RIGHT OF EXCLUSIVE LITIGATION WHICH MEANS THAT EVEN WITH IrBM, MAN CAN STILL BE CHARGED WITH 498A / DOMESTIC VIOLENCE / MAINTENANCE SECTIONS / ETC.

DISCLAIMER: This Blog and Post is the Personal Opinion of the Writer and does not necessarily show or define the thought process of Save Family Foundation (Regd. NGO) or that of any other allied NGO/Trust/Group/Members opinion.

Wednesday, 19 June 2013

It is SO important, for sure someone else will Work on it (IrBM)

WHO IS WORKING ON SAVING MY ASSETS?

If each victim of law abuse of all the groups dare to talk about law abuse in general public forums, we could do 1 year's awareness in just 10 days.
 
Issue is we ourselves are sometimes hesitant to discuss issues of Law Misuse of Wrong Laws in making in open public, fearing, "what will people think?"
 
We need to learn from few who, with full conviction, could talk in open forums about IrBM or the Law Misuse.
 
What wrong are we discussing? What wrong are we saying? What wrong are we talking? NOTHING.
 
If any of us is missing conviction in what we feel / reply / talk about Gender Biased Laws and IrBM, please read the ammunition already available on various blogs / forums of SIF.
 
On IrBM, as per our info, here is the current Situation, as of TODAY (19th June 2013):
 
1. IrBM is currently having Marital Property (by default), Pre-Marriage Husband's property (by default) AND Inheritable and Inheritance property too.
 
2. IrBM currently talks about NET WORTH of the Husband to be divided (moveable and immoveable assets)
3. Currently it is with 11 Member GOM who have to sit, discuss and finalize the FINAL DRAFT before Monsoon Session of the Parliament.
4. Though Monsoon Session of the Parliament starts on 26th July 2013, some parties is trying to prepone the session (and hence the voting on the Final Draft)
============================
SO EFFECTIVELY, WE HAVE NO TIME LEFT
============================
 
 
=======================================

BECAUSE, WHATEVER IS THE FINAL DRAFT, PARLIAMENT
CAN ONLY SAY "AYES / NOES", CANT CHANGE IT
=======================================
What needs to be done (more "ACTIONS" can be added)
A.) Meet GOMs (with/without) appointment and tell them how is this Law dangerous
B.) Meet your Local MLAs / MPs NOW (before they leave your local cities and fly to Delhi for Monsoon Session)
C.) Send Letter, Postcards, SMS, Emails, FAX, Calls to GOMs with our demands
D.) Send Letter, Postcards, SMS, Emails, FAX, Calls to ALL MPs & MLAs with our demands
 
E.) Sign all the Online Petitions (Daily alerts coming on the groups)
 
F.) File PIL against IrBM
 
G.) File Petitions to stop IrBM with authorities
 
H.) File RTIs with Law Commission, Law Ministry asking the current IrBM draft
 
I.) Fill Social Media (Twitter, Facebook, Myspace, Orkut, Google+, etc. etc.) against IrBM : ENSURE IT IS DONE TO GENERAL PUBLIC AS WITHIN OUR GROUPS, PEOPLE ALREADY KNOW
 
J.) Few members can make small email teams and email continuously asking friends to sign our Online Petitions
 
K.) SPREAD BY WORD OF MOUTH TO EVERYONE YOU MEET, STARTING TODAY
 
L.) Email, Letters, Meetings with Bankers, Financers who provide Home / Car / Personal Loans
 
M.) Email, Letters, Meetings with Builders, Real Estate Website who provide residential / COMMERCIAL properties
 
N.) Emails, Letters, Meetings with Industry groups (like CII / ASSOCHAM etc) on how will IrBM increase NPAs and hence effect India's market and take it towards the biggest Mortgage crisis the way USA went few years back
 
O.) Email, Letters, Meetings with Religious Leaders against IrBM destroying Marriages
 
P.) Organize Local Dharna / Activities / Events / Campaigns / Pamphlet distribution to general public against IrBM
 
Q.) Keep writing/talking/mentioning/spreading to MEDIA against IrBM
 
R.) Keep commenting on online News Articles of famous newspapers and take logical discussions about IrBM
 
S.) Keep participating in Public Meetings, Public Rallies with either Anti IrBM Banners or take the mic for questions about IrBM
 
T.)KEEP REPEATING ALL THE ABOVE
 
Hope, with this exhaustive list, members will NOT feel "WHAT CAN WE DO".
 
Please read this, spread this, Act on this OR DO WHATEVER YOU FEEL WOULD HELP .............. BUT SHOOT SHOOT SHOOT BEFORE INDIAN HUSBANDS ARE SHOT (including you).
 
Also, I feel most of us are thinking that since IrBM is such a high priority, someone ELSE will surely be working on it. WHO IS, IF YOU ARE NOT?
Officially announcing, stopping this law is NOT the job of few.
Your property is your right and YOUR RESPONSIBILITY. You dont act, no one else is acting to save your property.
RUN or keep Sleeping.
Good Morning to those who are ready to take this up for THEMSELVES.
Others, Good Night - you are sleeping in your coffin.

LIST OF OUR ONLINE PETITIONS:

Sunday, 16 June 2013

Baap "Re"-Baap (Father's Re-Fathering)

HAPPY FATHER's DAY - 2013

Saturday-Sunday ......... a weekend? Party time? 3rd Sunday of Every June of "Father's Day".

While I was walking around the walls of the Family Court for my case, I went to over 50 men who were there in the Family Court either as the Security at gate or the Babu in Court of the Judges or the Husbands with worry on their face or Fathers waiting for visitation to see their children.

Objective of mine faced more amuzement and Questions on faces as I approached every man with my right hand to Shake Hands. My objective to wish every man I can see, "A Very Happy Father's Day".

Did it hit them or not on the right place, but for few minutes, it did bring smile to the faces of all those men who were either working or waiting.

One thing I knew, "appreciate a father and he will ALWAYS reciprocate" and all of it got proven with what I saw.

Though, I missed out the celebrations but so many Child-Less Fathers did not.
Where some went the motional way of giving a day of father's love to those who are deprived of it, few took the innovation to new heights as Super-Dads.
Where some went the extramile of taking out Rathyatra, few took the Roads of India screaming their pai out.

For me Father's day was a day of Hope in Hopelessness, Solutions in Problems, Comments in Silence and Happiness in Masculinity.

This blog takes you through a small journey of locations and snapshots of what today's Father's did for their Children across the GLOBE. Images are from UK, Delhi, Nagpur, Bangalore, Pune, Kolkata and Mumbai.

Father's Day on Twitter http://sfy.co/s94I #storify #fathersday #fatherofsteel