|NEW DELHI: A woman in a live-in relationship should be entitled to maintenance if she is deserted by her man, the National Commission for Women has said.
In far-reaching recommendations to the ministry of women and child development, the commission has sought a change in the definition of "wife" — as described in Section 125 of CrPC, which deals with maintenance — and suggested that it include women involved in a live-in relationships.
The move aims to harmonize other sections of the law with the Protection of Women from Domestic Violence Act that treats a live-in couple's relationship on a par with that between a legally married husband and wife.
NCW also sought another significant amendment to Section 125, saying that said adultery should no longer be a ground for denying maintenance to a woman.
"We have found in 70% of divorce cases, adultery is used to discredit the woman. Not only is she thrown out of the house, but is also disgraced and denied her rights," NCW chairperson Girija Vyas said.
Section 125 provides for maintenance of wife, children and parents, who cannot maintain themselves. Maintenance can only be claimed by a woman who is a wife, has either been divorced or has obtained divorce, or is legally separated and is not remarried.
Pointing to the need for broad-basing the definition of wife in the section, commission officials said there had been many cases where the man led the woman to believe that he was unmarried or was divorced or widowed and went through the formalities required by the Hindu Marriage Act or the custom governing him.
'Long-term relationship valid to claim alimony'
The move by National Commission for Women to seek a change in the definition of "wife" is aimed at harmonizing other sections of law with the Protection of Women from Domestic Violence Act that treats a live-in couple's relationship on a par with that between a legally married husband and wife.
This is a great example how desprate our so called NCW( National comission of women desprate to save gurd the adultrous women of our society and trying to convert the civilized society to a animale society).
Thier one simple aim in the name of so called Women empowerment , just extrote the money from Men as much as possible without any work and enjoy the lavish life-style and increse the litigations as maximum as possible.
Does she know waht is called live-in-realtionship and married relationship? Does men put a gun in fornt of women and ask for live-in-realtionship?
What for Cheating and Fraud LAW are there? If any one do the marrage by froud and Cheating for that even Rape case are there, does they do not know that?
Further the NCW do not answere, why women they do the adultrity and demand the Money from thier ex-husbands? Such type of women should have been behind the bar, where as they are moving freely in the society as the adultrity is not a crime for a Women.
Already as per law even when a women caught red handed in adultrity case, there is no punishment to her, inspite of husband proved the same in court, maximum the judge can refused her claim of maintance, but no punishment, as it is not crime for a wife.
But, here also a Judge can’t do the same as , she just say, ok, “I was in adutrity relationship, but presently I have not living in adultrity.’
The law had been already amended the word “Lived in adultrity to living in adultrity”, so how the claim of NCW(Ms.Girija Vyas) is justified only god knows or it is their desperate attempt to give a whole sale free license to Indian women to do the adultrity and use the Husband as a Free ATM machine?
CRPC125 is a criminal case and it clearly mentioned, any women who can’t maintain herself to live a life can claim maintenance (no limit) from husband.
From the court record it is evident, maximum women who are well educated, working and healthy to earn themselves rush to the court and want money form the husband, but do not forget to file another criminal case (like 498A DV act), mentioning that their husband ill-treat them for money, but they themselves openly demanding money as a legal extortion and that is not a crime in India. Further to note, if a women earn the money and husband due to some any reason not able to earn the money, even if he is ill or any other condition, he is not eligible for any maintenance form the working women, irrespective he had earned lacks of rupees and given to his wife.
So the question arises: Is Indian Husband is a Free ATM Machine for Indian wives?
It is here to mentioned that, presently a women can claim maintenance form three different Law, like section24, Crpc125 and Domestic Violence act. This totally abuse of Indian Judiciary System, as for the same purpose, three different case filed and this not only wastage of Judiciary man Power, it is violation of Indian constitution, as it clearly mentioned, for the same offence a person can’t be punished more than once. Then why 3 different maintenance cases against a Husband, if at all considered the Husband done any offence?
Further on failure of non-payment of maintenance, not only warrant, it is a crime and the husband gone to jail , lost his property under execution of the same , and unable to understand why NCW (Ms.Girija Vyas) justified the same with new demand.
Ohhh.. Now we understand, as we witness in a lot of cases the so called women filed false and fabricated income of the husbands, reason to live the house (where the husband have the RCR degree) and get the huge maintenance, like Husband’s IT return shows he earn 10K, but maintenance awarded 12.5 K, or wife was working but in front of court she says, “I am not working: etc and the husband gone to higher court with her IT return, PPF account details, Bank account details, her adultrity relationship details and the higher court put stay in maintance case, the same should not be allowed and court should not obey the higher court’s order and send the husband warrant and send them behind the bar.. very interesting.
In this country if a husband go to higher court, if he feel the order of lower court is against his basic right, they will be termed as criminal and a New case under DV act will be filed, as it is a economical abuse to a women ..Right?
Also the live-in-relationship, is not a legalized in India, but NCW (Ms.Girija Vyas) want the legal rights to be given as same as marriage, but there is noting mentioned, what do we mean by a living-in-relationship, it can be one hour, it can be one day, it can be one months or it can be 100 years also. No dought , a lot of countries had legalized the live-in-relationship , but there is a clearly mentioned , minimum how many years both the partner have to live together , before claim any legal rights and the legal rights are same for both the partner, but NCW want , in live-in-relationship, a man should not get any legal rights( presently it is a crime for a man) , but women should get all the legal rights .
Recognized the “live in relationship” without any prescribed time frame, is nothing but promotion of Animal society, which might have forgotten by our so-called National Commission of Women’s.
So, save family foundation, strongly oppose such “dadagri of NCW” by Ms.Girija Vyas and request our Lawmaker to act immediately amend the CRPC 125 as under:
- The word men/women to be replaced by the word Person and husband/wife to be replaced by the word Spouse.
- A well-educated person should earn their live hood by their hard work instead of treating others as a Free ATM machine.
- The word “living-in-adultiry” to be replaced by the word “living or lived in adultrity” during the relationship of both the partner, should not be entitled for any maintenance from each other, as it is a criminal breach of trust and cheating.
- If any one filed the maintenance under crpc 125, the person should not be entitled to file or claim any other maintenance case under section24 or DV act.
- The maximum Limit of Monthly Maintance to be fixed as per Common people's Living Standard only, instead of No limit.
Let wait and see , how our LAW makers react to “NCW’s dadagari” and able to provide and maintain a civilized society of India or create a lot of Father less Child in India also , by promotion of adutrity and undefined live-in-relationship( only a photo of two partner is sufficient to define the live-in-relationship).
So, Save family foundation and all their sibling associations urge to the LAW maker to ake the LAW without any Gender bias and without any assumption that all the women born in Raja Harish Chandra family (never lie) and all the men born in Criminal family.
And we feel such type of absurd suggestion is a insult to those honest women , who do not do the adultrity and believe in institution of marriage and let them to decide in this country the meaning of NCW is “National Commission of Women or National Commission of Adulterous of Women !!”
And for Indian men, forget about you do adultrity or not it does not matter , irrespective the allegation is true or false , not only you , your mother, sister, age old father will be thrown out of your own house under DV act , just one line complain : Just she have to say , “I am anticipate of Domestic Violence” form my partner , let it be a friend , husband or any one and you are out of your own house and land up in Railway Platform.
This is called the present Justice system in India and equal right in India.
For a wife even adultrity also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.
To get any legal right in live-in-realtionship a minimum time is required , otherwise the same will be misused by dishonest women just to extrote the money from men.
As Arnab said : "They are legalising the fact that your wife or girlfirend can sleep with 10 different men and still claim money from you as a Husband anbd also from the 10 different men as Live in relationship maintenance . Whole sale free income."
When women deserted to a man in live-in-realtionship , should the same to be termed as Social service by those great women? Why NCW do not demand that in such cases the women also have to pay the maintance to the man?
Indian men still sleeping and not able to understand the dirty game plan of those Radical orginasations for thier own personnel benifit ( divorced and live-in-realtionship women) misusing the provision of Indian Constituion to such a extant the Gender War is coming . Allready the Instituion of Marrage had been killed, harmoney at work place disturbed now the time to destory your own basic right to live and liberty also.
Indian Men just a Free ATM machine nothing else!!!!
We immediate demand to Indian Goverment for formation of "Men well fare ministry" to stop such dadagri of NCW and stop treating the Men as Free ATM Machine and immediately sack the present NCW chair person , who is misusing her power to just full fill her own personnle benifit.
For more reference :
By - Vineeta Pandey
After continous campain by SFF and thier associated memebrs against the wrong proposals of NCW, Good to see NCW got some sense of Humunity , but they have to go long way, as protecting and providing the shelter for the legal terrorist ( misuser of 498A, DV act, CRPC125) and adultrous women is not to be termed as social service in this country and if any one try to do that , they will be exposed in Public , as the same is not good for any human society.
The question was rised by SFF and thier aoosiciated orginasations, at last NCW accepts thier mistakes and change thier stand slightly.
But , still they have not clarified to LAW makers :
- Why there could not be a minimum period of 10 to 15 years be prescribed for a relationship to be called as a "Relationship in the Nature of Marriage" as per the supreme court guidelines?
- Why the rights and responsibility should not be Gender Equall and only Men should be treated as Free ATM Machine?
- If a Women refuse to take the responsibility of Wife or dump the Men after long stay , what option Men will have legally?
Why, when supreme court has directed all the state govts. to formulate law for the compulsory registration of marriage and penalties for not doing so, then if every relationship will be registered, what would be the need to legalize this so called "Live-in" relation?
|NCW slams live-ins of convenience|
NEW DELHI: Women involved in "frivolous, casual relationships of convenience" may not get any protection under the law.
The National Commission for Women (NCW) has said live-in relationships should cover only those women who have been duped or forced into marriage by men whose spouses are still alive.
During a special meeting of the committee, which is looking into the Maharashtra government's proposal to give sanctity to live-in relationships, the NCW concluded that "live-in" relationships should be redefined so that women in "relationships of convenience" cannot seek maintenance or any other relief under the law. The commission, at the same time, also wants the rights of the first wife to be strictly protected.
"In certain cases where the relationship is barely six months old and there is no commitment, the court can declare it null and void. Relationships of convenience should not be considered for relief," said NCW chairperson Girija Vyas.
The NCW has recommended an amendment in section 125 of the Code of Criminal Procedure (CrPC) so that it can include "women living in relationships in nature of marriage". At present, section 125 of the CrPc allows maintenance only to a legally-wedded first wife. The second wife's rights are considered only if the first wife is dead or if she is divorced. However, the NCW wants this to be revised to include a "woman living with a person in a relationship in the nature of marriage who is unable to maintain herself". Similar changes in all the relevant laws such as the Dowry Act and the Property Act to include the rights of a "live-in" partner have been sought.
"Our laws do not recognise the rights of a second wife if the first wife is alive. However, many women are duped or forced into marriage. Such women, who have gone through the formalities of marriage, whether publicly or secretly, live in society as someone's wife and as a member of his family. Hence, they should have the right to maintenance and other property rights," said supreme court advocate Meenakshi Lekhi, who is part of the NCW's special committee.
According to Lekhi, the term "live-in" gives rise to negative interpretations. "The right to live together with a man does not give a woman the right to receive maintenance."