Just posting this news, I don’t place any weightage to such judgments where husband gets a divorce ostensibly on grounds of irretrievable breakdown of marriage but actually by paying up 25 lakh in name of child, but after the 16 years old child turns 18, we all know who will be the utilizing that money!
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Also, let’s be clear a divorce on grounds of irretrievable breakdown of marriage can only be given by Supreme court so people should not waste time on searching the net about how to apply for it in family or high court. Also men need to get familiar BEFORE MARRYING to the new proposed IrBM bill already passed by Rajya Sabha having been sponsored by Congress government and Kapil Sibal etc (glad they got reduced to 44 seats); which will effectively ensure lifelong slavery for Indian husbands if it is taken up and passed by NDA government.
The Supreme Court has ruled that leveling wild allegations repeatedly by one spouse against the other could inflict mental agony and it would be a ground for the aggrieved person to move court seeking divorce citing “irretrievable breakdown of marriage”.
Nearly seven years ago, the Supreme Court had formulated “irretrievable breakdown of marriage” as a ground for grant of divorce to couples and had suggested to the legislature to amend the law to provide statutory backing to this new ground for dissolution of marriage.
Referring to the wife’s conduct, the bench said: “From this kind of attitude and treatment it can be inferred that the husband has been treated with mental cruelty and definitely he has faced ignominy being an associate professor in a government medical college. When one enjoys social status working in a government hospital, this humiliation affects the reputation and self-respect.”
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Despite the breakdown of marriage, the bench kept in mind the interests of the 16-year-old son of the couple and said it was the father’s “bounden duty to provide for maintenance and education” of the child. Excluding the amount already paid to the wife, the court asked the husband to pay Rs 25 lakh to her in six months for the purpose of education of the child.
It directed the Bangalore family court to keep the money in a nationalized bank in the joint account of the child and mother, who can draw the interest to spend on her son’s education.
The last part of news about paying 25 lakh to ‘her’ within 6 months, I am curious why the husband could not have been treated more as a father than a cash depositor! Paying up for child is father’s bounden duty but day by day we are becoming curious why there are no laws or supreme court judgments elaborating on bounden duties of wives and mothers!
If taking money (dowry) during marriage is CRIME then why not claiming money (alimony /maintainance / compensation) after marriage breakup is consider as Crime ?
Although every women is now educated and wants equal rights in society,and able to stand on his feet .
I feel alimony / mtn / compensation should only been consider when wife is illiterate or for child upbringing , else each individual is sufficient to stand on his feet. This may lead to avoid false dowry cases, false 498 etc and also change the thinking of women to get husband hard earned money easily in form of compensation / alimony /mtn towards marriage .
It is a big question for india whether to bring MONEY TERMS between two Soul /family under marriage ?
>>then why not claiming money (alimony /maintainance / compensation) after marriage breakup is consider as Crime ?
maybe because many men are ok to give money to get rid of wife and consider it a deal?
>>It is a big question for india whether to bring MONEY TERMS between two Soul /family under marriage ?
Such emotional arguments won’t help in bringing any change to laws or society or abolition/reduce misuse of bad laws… Because before a man faces a case himself, most want strict laws and immediate arrest etc of accused men in name of protecting women… Some ask for lynching etc too. But when people get a case on themselves, they start giving arguments about how they are innocent (but only them, not every man) and law is in favour of woman!