No divorce even for Rs 65 lakh

http://www.deccanherald.com/content/72007/no-divorce-even-rs-65.html

The Supreme Court has refused to grant divorce to a Bangalore-based couple before the mandatory six-month gestation period, despite both parties agreeing to part ways through mutual consent and the husband offering his spouse a Rs 65-lakh settlement.


“Taking note of a number of earlier cases, where a decree of divorce had been granted by mutual consent by the court without awaiting the expiry of the statutory period of six months, it was held that neither the civil courts nor the high courts can pass orders before the period (6 months) prescribed in Section 13-B(2) of the Act expired,’’ said the Bench of Justices D K Jain and C K Prasad.

While refusing to use Article 142 of the Indian Constitution, which provides the Supreme Court special power to ignore the law, the Bench refused to grant an instant decree of divorce to Neeti and Rakesh Malviya, who have been facing matrimonial dispute before a Bangalore family court for the past 3 years.

The Bench referred the matter to Chief Justice S H Kapadia for constituting a 3-judge Bench to decide the question of law “whether the period prescribed in sub-section (2) of Section 13-B of the Hindu Marriage Act, 1955, can be waived or reduced by this court in exercise of its jurisdiction under Article 142 of the Constitution.” Neeti had approached the Supreme Court for transfer of the divorce case from Bangalore to another court in Madhya Pradesh.

The couple, during their appearance before the Supreme Court on September 6, 2008, had agreed to go for mediation at the Delhi High Court Mediation Centre. Both parties had reported to the apex court that they had arrived at a settlement and according to the agreement, Rakesh would pay Rs 65 lakh to Neeti for filing divorce on mutual consent.

The agreement of settlement was filed before the Supreme Court Lok Adalat on April 25, 2009, for approval, before granting the decree of divorce. However, on May 10, 2010, the advocates of one of the parties cited some judgments pronounced earlier by the Supreme Court and said the mandatory 6- month period after filing the petition for divorce on mutual consent could not be waived or reduced by the apex court.

Mediation Center

Experience at Mediation Center.

498A family with 2 Advocates and 3 mediators = Total 8 people on round table.
Me alone.

Mediator to Wife: Bolo ji ,what ur problem?
Wife: my problem is Bla bla bla and I was silent and smiling.

Mediator to me: what's ur problem
Me: I have no problem, she has listen to her.

Wife : Bla bla bla - he is harassing me , has girlfriends, his girlfriends spy me, beat me and he is filling false complaints against me and my family members bla bla bla

Mediator to me: aap pareshaan nahin hote legal fight se.

Me: See my face, see my smile, do u see notice glow on my face....I 'm very happy.

Mediator: How come ?

Me: I thanks my wife to change my outlook to see this world. Now I don't trust any one and do any thing with caution and deep study professionally and personally.
This has helped me achieving high in my professional career. I take this challenge and have learning at young age and I'm sure it will take me to heights with little risk of me going to jail.But if there is no risk I will not make huge profits.

5 min later Mediator asked all to get out of room: Left me, spouse and 3 mediators.

Legal score Board discussion

Mediator to wife what all cases u filed.

Wife: 1. 498A with DP 3/4
2. Crpc 125 maintenance.
3. 406 read with DP6.

Mediator to Wife: and ur husband.

Wife: 1. TEP with IT
2. Vigilance enquiry for my parents.
3. 100s of RTI (she brought the copy of RTI also), CIC etc etc. information
4. DP 3 read with section 388
5. Civil Recovery suit
6. One more civil recovery suit.
7. Criminal complaint u/s 138 of NI Act.
8. FIR u/s 323,504,506, 427
9. GWA- child Custody
10. He has sent notice to shop owners and planning to case under 420 etc.

Wife: For just 3 true cases he filled 10 false case on me and my family including my Jija and sister.

Me: *Blushing Badly* Water in my eyes...all faces became blurrrrrrrrr

Mediator: what you want ?

Wife: I don't want to live with him any more. I want peace and want to live with my child.

Mediator to me: what u want ?

Me: She has three door
No.1 : Keep fighting
2. Live with me
3. Mutually divorce apart Let her choose any.

Mediator to me: which door u choose?

Me: I don't have to choose any door I'm standing on the other side of door to welcome her, hold her hand any take here some where...what ever door she choose she will find me only.

Mediator to me: how come she will find u if she opts to choose door no 3 and mutually divorce.

Me: Bcos she has my baby..and has to give access to her and unfortunately has to see me face .

Mediator : EXCLAMATION MARK !!!

Mediator to Wife: what you choose.

wife: Don't want to stay with him...divorce.

Mediator to me: pamper her...give some time to her, thoda daro isse and life together I would pray. Kya khete ho...

Me: I prefer that she choses Door 1 and keep fighting bcos I'm enjoying it and its very easy for me.2nd I prefer she chooses to be apart as friend bcos if either has custody of child , unfortunately has to see each other face...mutually apart as friend only will be good.I find door 2 to be difficult and making relations from scratch will be very tedious job and I find it difficult to build which has not gains in life. Even if I try I don't take guarantee of my parents whom she has falsely implicated by misuse of dowry and other related cases. I will not scramble to Legal Terrorism.

Mediator: If she opts for divorce she you have to give her some thing.

Me: she is independent smart lady earning XX Lakhs per year and also I built her a house.
Mediator : What's ur earning ?
Me: Nothing I lost every thing in this battle...
Mediator phir bhi?
Me: Same as hers.
Wife: No his earning is huge..he is XXXXXXXX in a MNC he is Big Boss.
Mediator: Will you give her 1 Crore for divorce.
Me: Yes.
Mediator: Very good..
Me: But Sir, Unfortunately I don't have money, house, peace, children etc..nothing to give ..I will give her 1 crore, help me selling my kidney O+ for 1 crore and buyer pays her directly.
Mediators: Exclamation Mark !!!!!!!!!!!!!!!!!!!!!
Mediators : I think you both are confused.....I give you one month decide what you want and else mediation fails.
Me: I said ok..she has my all phone number.. give me a call for cuppa at Barista or café to come to settlement terms.
Mediator to wife: Do you have his numbers.
Wife: smiling yes !!
Mediator to me: How about you do you have her no.??
Me: I only bought her no. and cell.
All : Laughing !!!!!
Mediator : how do u know she still has same no. and cell with her.
Me: She can't opt to loose old things and beggars are not choosers.
Mediators: *Bad face ** Mediation adjourned see ya after one month.

Men's Welfare Ministry

Saturday, 22 May 2010 16:58
In the last twelve years (1996 - 2008) 170,000 husbands have been claimed by rampant domestic violence against them. In a shocking revelation of suicide statistics for the year 2008 reveals that almost double the number of married men have committed suicide in comparison to married women as the report attached here corroborates. It states that in the year 2008 57,639 married men committed suicide in comparison to 30,224 married women whereas the same figures for the years 2007 57593 and 30,064, 2006 are 55,452 and 29,869 and for 2005 are 52,483 and 28,188.

While there has been a lot of hue and cry for domestic violence against women with various studies being sponsored for studying the same with tax payers' money 82% of which comes from men, but sadly enough no study has ever been done in India for studying the prevalence, effects and trends of domestic violence against men or the statistics about it. International studies world over have proved that both men and women are equally likely to be victims of domestic violence, but unfortunately the Indian government has closed its doors very brutally on the men leaving them to fend for themselves on their own. Even the courts have an anti - men and a step - motherly attitude towards men what with the Honorable Delhi High Court observing, "Though men are victims of violence, such incidences are few and far between, thus ruling out the possibility of protection from the parliament", while dismissing a petition challenging the constitutionality of the Domestic Violence Act as it violates Article 14 of the Indian Constitution.

Although no studies have been done for studying domestic violence against men, yet the National Crime Records Bureau in its analysis of suicide data for year 2008 and the decade 1998 - 2008 has come up with some heart - rendering revelations. It has published that almost 24% of suicides are directly due to domestic dispute, family problems and related stress. In the year 2008 57639 married men committed suicide 24% of which works close to 13833 husbands. Further as per, Domestic Violence Claims 156,000 husbands, 156,000 husbands have committed suicide in the eleven years from 1996 - 2007 directly due to Domestic Violence. Adding the numbers of 2008, the final numbers for 1996 - 2008 stand at close to 170,000.

Yes, 170,000 husbands have succumbed to Domestic Violence in 12 years with a yearly average of 14,166 and yet the Govt. and the society are not only silent about it but also silently laughing at it.

Do our men deserve such a treatment?

Do we not need men's welfare ministry?

Symptoms of 498a wife- Start to take precautions

If your wife/her family is displaying a combination of these behaviors, then you may have a potential 498A mis user on your hands.





1.Family:Is newly-rich; Likes to show-off (their house/cars/paintings/relatives/ connections, etc.);

Related to politicians/bureaucrats/lawyers/judges/police officers; has a history of filing cases against anybody and everybody (search the website of the courts in their State of residence); Beats up its employees; Lives beyond its means; Mother's face cannot be seen beneath the layers of cosmetics; Father acts like a 'Brown Sahib'; Girl/her sister has been in more than one previous relationship, etc.



2. A push for a quick involvement: Comes on very strong, claiming, "I've/We've never felt loved like this by anyone/or so close to anybody." An Abusive woman/her family pressures the man/his family for an exclusive commitment almost immediately.



3. Jealousy: Excessively possessive; calls constantly or visits unexpectedly: prevents you from going to work because 'you might meet someone;" smells your jacket for perfume residue, checks your shirt collar for lipstick marks and goes through your pant pockets.



4. Controlling: Interrogates you intensely (especially if you're late) about whom you talked to, and where you were; wants her name on all your assets/control all the money.



5. Unrealistic expectations: Expects you to be the perfect man and meet her and her family's every need.



6. Isolation: Tries to cut you off from family and friends; accuses people who are your well wishers of "causing trouble."



7. Blames others for problems and mistakes: The boss/the employee, her ex-boyfriend/ ex-husband, it's always someone else's fault if anything goes wrong.



8. Makes everyone else responsible for her feelings: The abuser says, "You make me angry instead of, "I am angry' or, "You're hurting me by not doing what I tell you." Less obvious is the claim "You make me happy."



9. Hypersensitivity: Is easily insulted, claiming that her feelings are hurt when she is really mad. She'll rant about the injustice of things that are just part of life.



10. Cruelty to animals and to children: Kills, maims (e.g., tears the wings off a butterfly) or punishes Animals brutally (e.g., by kicking them till they bleed). Also may expect children to do things that

are far beyond their ability (makes an 18 month old stand in a corner or whips a 2-year-old for wetting a diaper) or may tease them until they cry.



11. "Playful" use of coercion during s*x: Enjoys initiating and controlling s*x, stimulating herself and teasing; asks about your s*xual fantasies.



12. Verbal abuse: Constantly criticizes you/your family, or says blatantly cruel, hurtful things; disgraces, curses, calls you/your family ugly names. This may also involve sleep deprivation, waking you up with relentless verbal abuse.



13. Rigid s*x roles: Expects you to serve and obey her/her family.



14. Sudden mood swings: Switches from sweetly loving to explosively violent in a trotter of minutes or even more confusing, within seconds. You feel as you are walking on "eggshells" around her.



15. Past behavior: May not actually admit to hitting men in the past (but may write it in her journal/diary and says they made her do it or the situation brought in on).



16. Threats: Makes statements like, "My parents will support me even if I murder someone," or "A woman is always right/the system should always believe the woman" or "I will cut you up the way a fisherman slices fish" and then dismisses them with, "Everybody talks that way," or "I didn't really

Mean it." If she has come this far, it is time to get help and get out!