Saturday, 8 October 2016

Wife separating man from parents ground for divorce - Supreme Court

  • Truths hardly surfaces in court proceedings. It is evidence that is presented to court. Truth and evidence are two different things. Usually they are different.
  • Evidence and Advocates capability gets us the judgement. Never the truth, even though it is unambiguously visible to each one of us.
  • Courts are incapable of extracting visible truths. They only do administration of law in the guise of dispensing justice.
  • Rights of citizens are same and conferred by constitution. No discrimination is made based on gender, religion, caste, color, creed, education or status. All citizens are equal.
  • Rights are conferred based on reasoning of equality and nothing else. Some tilt is visible while making Acts to protect the weak people from atrocities of strong people, especially women, children, handicapped etc.
  • While duties & obligations of husband and wife are explicit and well defined in law, the same between parents and children are implicit.
  • It is the right of every woman to live with her husband and minor children separately, in privacy. Enjoying family income of both of husband and wife is the right of that family.
  • Obligations and duties towards aged and financially weak parents can be fulfilled in many ways while performing his family duties. What is needed is will to look after them in old age. Deserting wife and children to fulfill that obligation tantamount to violation of more pious duties towards wife and children.
In this particular divorce case, it is more husband's antipathy towards his wife rather than his affinity to his pious duties towards parents is the real reason.
  • He must have spent monumental amounts in his legal pursuit of his divorce. The sum total of expenses is unaffordable even for the top 5% of socially rich people.
  • Invoking religion, culture & pious duties and condemning some actions as western thoughts by learned judge is ridiculous. Needless to say our constitution, laws, acts and rules ... most of them are copied from West only.
  • SC Judges have extraordinary powers to make supplemental laws, consistent with constitution and existing laws, in discharge of his specific duties in doing justice in each case and he is answerable to no one except to himself. Such extraordinary powers must be exercised with utmost caution focusing eyes on reasoning only not getting distracted by culture, religion, pious duties etc.
  • In this particular case, divorce doesn't satisfy 1 of 7 listed reasons as per prevailing laws and SC Judges invoking extraordinary powers in the name culture, religion and practices, in contradiction of existing laws and granting divorce to husband much against the wishes of wife is totally wrong and despicable.
  • This must be appealed to full bench and I am sure they will agree with me.
"Most truths are spoken in Bars; Most lies are spoken in Courts"

My View:
In our society our inclination is towards women's protection even if she is wrong. Women's protection is contemplated by stringent laws which on and often are misused to harass men by some aggressive women. The same was discussed and it was decided that if between men & women exploitation is inevitable, let woman be allowed to exploit man under the law. While it was large scale exploitation of women by men in the past, the exploitation of men by women is less than 5%, these days.

It is surprising to see that SC Judge saw the reason and merit in husband's argument for divorce in the disguise of religious, cultural & pious duties towards old and dependent parents decided to invoke his extraordinary powers that too in contradiction of prevailing laws and inflicted deadly blow on wife who was fighting to save her marriage & family exercising her right to preserve her dignity within the frame work of existing laws.

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