Thursday, 20 June 2013

Understanding IrBM

UNDERSTANDING IrBM IN 125 SECONDS




The Contents are here:

SLIDE 1:
ORIGIN OF IrBM

Hon’ble Supreme Court in Two Judgments Announced:

Naveen Kohli vs Neelu Kohli on 21 March, 2006Before we part with this case, on the consideration of the totality of facts, this Court would like to recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. http://www.indiankanoon.org/doc/1643829/

Ms. Jordan Diengdeh vs S.S. Chopra on 10 May, 1985It is thus seen that the law relating to judicial separation, divorce and nullity of marriage is far, far from uniform. Surely the time has now come for a complete reform of the law of marriage and make a uniform law applicable to all people irrespective of religion or caste. It appears to be necessary to introduce irretrievable break down of marriage and mutual consent as grounds of divorce in all cases.http://www.indiankanoon.org/doc/569459/

SLIDE 2:
WHAT IS IrBM

NEW GROUND FOR DIVORCE. APPLICABLE ONLY TO HINDU MARRIAGE ACT & SPECIAL MARRIAGE ACT
HUSBAND CAN NOT CHALLENGE THE DIVORCE PETITION OF WIFE BASED ON FINANCIAL HARDSHIP
AS A REWARD FOR DIVORCE, MINIMUM 50% ASSETS OF THE HUSBAND WILL BE GIVEN TO THE WIFE BY LAW (not on Judge’s discretion)
ASSETS OF HUSBAND TO BE DIVIDED:  PRE-MARRIAGE & POST MARRIAGE, INHERITED & INHERTIABLE – MOVEABLE & IMMOVEABLE ASSETS
EVEN WITH “NO FAULT”, THERE IS NO PROVISION OF EXCLUSIVE LITIGATION i.e. NO 498A / PWDVA2005 / CrPC 125 / etc.


SLIDE 3:
WHY ROLLBACK IrBM

BILL IS ANTI-MALE
MAN HAS NO RIGHT TO CONTEST

MAN’s PROPERTY ONLY DIVIDED
EVEN IF PROPERTY IS BOUGHT BEFORE MARRIAGE
DIVISION OF MAN’s ANCESTRAL PROPERTY
DIVISION OF MAN’s PARENTAL PROPERTY

IF 1 CHILD THEN HUSBAND GETS 33%
IF TWO CHILDREN THEN HUSBAND GETS 25%

NO TALK ABOUT CHILD CUSTODY
MARRIAGE IS LEFT AS A PROPERTY DEAL

ALL THIS MAN PAYS WITH “NO FAULT”
THIS ONLY PENALIZE A HINDU HUSBAND

EVEN JUDGE HAS NO RIGHT TO DECIDE


SLIDE 4:
WHY IS IrBM WRONG

While awarding Alimony under Hindu Marriage Act, the Judge takes into consideration on ONLY the Net Worth of the Husband, then why a new law required dividing the same assets? Isn't that Double Jeopardy? Alimony decisions from the Hon’ble Courts are based only on Husband’s worth while wife’s assets are not even considered.

When Domestic Violence Law defines that Economic Violence as Husband not allowing wife to work, then if a wife is MAKING PERSONAL choice of not working, why should the Husband Pay?

This Bill even doubts the capabilities of the Courts of India and hence is pushing for the percentage of Division without allowing a Hon’ble Judge to use his/her wisdom.

THIS BILL DOES NOT PROVIDE THE RIGHT OF EXCLUSIVE LITIGATION WHICH MEANS THAT EVEN WITH IrBM, MAN CAN STILL BE CHARGED WITH 498A / DOMESTIC VIOLENCE / MAINTENANCE SECTIONS / ETC.

DISCLAIMER: This Blog and Post is the Personal Opinion of the Writer and does not necessarily show or define the thought process of Save Family Foundation (Regd. NGO) or that of any other allied NGO/Trust/Group/Members opinion.

4 comments:

  1. A very good and easy explanation but not every one on internet what are the planes to tell people not part of internet ?

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  2. All other not on Internet must attend the weekly meetings.

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  3. Best explanation given by a guy about IrBM

    IrBM = Irretrievable breakdown of marriage. Basically - until now, there were two ways for a girl to get divorce from her husband:

    1) She finds fault in you. If you don't contest, she gets the decree of divorce in her favour. If you contest, she needs to prove her case. Grounds = cruelty, infidelity etc.
    2) She talks to you and makes you agree for a mutual consent divorce. Whether or not you are interested, you settle for the divorce to avoid facing DVC or 498a etc etc. If she has already filed those cases, she agrees to drop them or help you get quash [in case of 498a]

    If a girl files DVC or 498a senselessly and refuses to settle with you - you could deny her divorce and harass her. This particular strategy helped in settling majority of the DVC and 498a cases - since women are really afraid of getting old. Similarly, if a girl realizes her "mistake" - in the sense that she might not be able to remarry or extort money from you - she would think about coming back after dropping those cases. This made life relatively easily for men after you got AB for 498a.

    But, now a woman can get divorced under a new package - if the IrBM bill gets passed. In IrBM, what is required is a separation of 3 years. So - a girl can file 498a and DVC against you and keep extorting money from you. If you don't give her a mutual divorce with LOT of compensation; she will just wait for 3 years - going around in pubs and partying hard.

    After 3 years have passed, she can present to court that "I thought that my husband will realize my mistake and take me back. But he has no sense of regret for his shameful actions. Our marriage has irretrievably broken down." The court will not only give her a decree of divorce but also a hefty compensation which includes share in your fixed, immmovable and movable assets; and also including a lumpsum that takes into consideration your inheritance or inheritable amount.

    What makes IrBM scary is that a girl who filed false cases before is punished by denial of divorce and denial of extortion money right now - but after IrBM, a girl who files false cases against husband is rewarded not only with a divorce but also with a hefty share in your assets, salary etc.

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  4. I really applaud, Very good information.. appreciate the efforts put in..

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