Friday, October 18, 2013

Joyous divorce: Time for pre-nuptial arrangements? : Sandhya Jain

 



The UPA Government’s determination to give divorced women a share in the inherited and inheritable property of their ex-husbands is a direct and blatant assault on the Hindu family and the sanctity of marriage , as it incentivises divorce by giving women a sense of false empowerment that comes from unearned wealth appropriated by unjust means.

The move is tantamount to daylight robbery of old parents and grandparents of a man whose wife may wish to leave him for any reason (including desire to marry another man), as property earned and owned by parents and grandparents can – instead of supporting them in their old age and retirement – be literally extorted by the courts and given to conniving young women after merely a month of marriage.

The move is faulty on many grounds and deserves robust response from society and all political parties. To begin with, since it is aimed at the Hindu community alone, it deserves to be challenged on grounds of religious assault and discrimination, which violates the basic tenets of the Indian Constitution. Secondly, it discriminates against the male gender by assuming that all divorce stems from the fault of men, another violation of Constitutional provisions. Thirdly, it opens a third party – parents and grandparents – to expropriation of their wealth when they are not a party to the divorce.

All these moves are bad in law and bad in intent. A disturbing aspect of the Cabinet decision is that it legitimizes the mindless prattle of rootless women activists to destroy the institution of marriage, which is sacred in Hindu tradition, and reduces it to a contract in which one party benefits unduly if it departs. This, combined with a peculiar judicial ‘fashion’ (since it does not rest on law) to treat live-in relationships at par with marriage, has completely compromised the basic stability and integrity sanctity of the Hindu family.



Read the Original Article at : http://www.niticentral.com/2013/07/22/joyous-divorce-time-for-pre-nuptial-arrangements-107812.html

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