– The present divorce process in India is extremely slow and excruciatingly painful for the Hindus and Christians.
– While we are ready to ape the west in every area of life from mobiles to automobiles to areated water… we are still sitting with 100 year old laws
– Society has moved on and so should law
– We should try to learn from best practices all over the world
– West has a no fault divorce and a *comprehensive formula* for working out the maintenance. I'm NOT saying that the west is superior, but there is *no such formula* in India !!
– Muslims are spared as their personal law guarantees Talaq. (how ever even they are NOT free from 498A – as the case of some of our bretheren here would show)
– The Talaq (Islamic, Sharia based divorce) provides a swift relief to the male and when available to both parties should be a model way to end a marriage.
– Please note that the husband needs to pay just 3 months maintenance AFTER talaq, to his wife. (ONE may debate this 3 months and make that telescopic – i.e. longer if the married life has been longer etc…
– BUT I WISH TO REITERATE A FIXED PERIOD of payment rather than endless payments
– SHE IS FREE TO RE MARRY AFTER THE TALAQ !! Well Hindu women were always free to re marry, but tried to get the maximum commuted amount as maintenance ..
– After all if men and women seek EQUALITY, why should ONLY THE MAN be made to pay ENDLESSLY ??
– Christian divorce Law was still based on 1869 Divorce Law of England; British left us long back; still we practice age old law which no where ment for current situation and people.
— I know one women divorce case; she applied and got Divorce in 6 months,when her husband did`t turnedup to court; and also orderd to pay Alimony to that women.
But in my case,we are seperated for last 6 years; I applied for Reinstitute Conjugal rights; but she did`t came and we proceed with Divorce and same is going on for last 3 years, she never came to single date, still Judge never asked her lawye r to produce her,and my Lawyer ask to give Divorce, Judge Says, WHY SO HURRY.
I Say WHY This Partiality.
[From Vinayak Mail]
[Edited by Rudolph]