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Unjust Humanity
Virag
How fair is alimony when the marriage is arranged 07 August, 2008
Rising divorce rates and huge alimonies are gradually catching up in India. Introduced to give women empowerment, huge alimonies are stripping men of their finances and the financial lure is often encouraging women to go for a divorce.

THE TREND of huge alimonies that mark divorces in the Western world is gradually catching up in India. Huge alimonies are stripping men of their finances and are turning into a serious issue.

Recent studies in Mumbai show that 40 per cent of marriages end in divorce. In Delhi, on an average 10 divorce cases are filed every day. In a majority of these cases men are ordered to pay alimony. Alimony in divorce is a positive step towards "women empowerment" for it makes the women financially independent.

But alimony as a provision in divorce according to the Western tenets is not reasonable in the Indian context, especially for the groom. In the first place, in India marriages are usually arranged and a marriage is the result of a communal decision taken by elders, common friends and parents of both the boy and the girl. Yet, when it fails and ends in a divorce, only the husband ends up paying.

Secondly, in the case of a love marriage, both the partners are equally responsible and it does not seem fair that only the man should be paying the price.

Surprisingly, alimony is often a motivational force for women to file for divorce and stop trying to save a marriage. In a shaky marriage, parents of girls often encourage their daughters to move towards divorce in lieu of a hefty alimony.

Finally, the burden of alimony acts as a deterrent for married men in India contemplating divorce thus causing higher stress levels and higher suicide rates among Indian married men.

Alimony was encouraged in the name of women empowerment. There are six laws achieving the objectives of women protection and women empowerment working in tandem. These together with the Hindu Marriage Act seem to have increased the rate of divorce in the country. The Hindu Marriage Act has provisions for saving as well breaking marriages. Unfortunately, Section 9 – Restitution of Conjugal Rights is non-executable, which means the court cannot enforce an order passed in this section.

The Hindu Marriage Act is used more frequently for getting a divorce than patching a tottering marriage. This inspired the recent statement by the Supreme Court Judge Arijit Pasayath that the Hindu Marriage Act has broken more families than joining them.

Small wonder that divorces are increasing and the institution of marriage is slowly dying out. It is about time we woke up to the fact that every bad marriage has not one but two victims and it is unfair for only one of them to pay for it.

About The Author
Virag R Dhulia, a software professional, has been a prominent men's rights activist. He has been engaged in creating awareness about the abuse of men and their families through anti-male and gender biased laws like Section 498A, Domestic Violence Act etc. He has been instrumental in networking with fellow men's rights activist both across India and abroad and has played key roles in organizing events to create awareness about abuse of men by the society.
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COMMENTS (5)
.what the hell are you saying ?
.women are tortured daily by mother in law and sis in law. beaten by husband not given food even in very wealthy house. what can a young girl with 2 children 7 yrs and 4 yrs do? husband is businessman making 40 - 50 crores anually
2 Replies
Good Fiction. Give it to Ekta Kapoor. Because fiction does not need data backup.
In this case, there is no marriage in existence. Marriage means supporting one's man, or woman. The problem has connection to the feudal languages of our nation. Most languages assign the same words meant for servants for wife. When she out steps her limits, it is like a servant out stepping his or her limits.
.I want to know the order passed by supreme court of india regarding the minimum marriage age of women.. actually i saw in news paper in the year of 2004 or 05 that supreme court has decrese the age of women in case of marriage.. so i need the order what is that.... so pls inform me as soon as possible.
.Hefty Alimony is an option only. men can choose to pay maontly maintanance. But it is Courts and advocates who make the Husbands to cough up huge amounts as settlement. If monthluy maintanance is ordered it will stop once the wife remarries!!
. Maintenance laws encourage wives to break troubled family ties. With Girija Vyas extending its provisions to include 'live-in' relationships, this will sound the death-knell for many 'live-in' relationships too. Feminists should not look at relationships like marriage and 'live-in' relationships, as an opportunity for financial extortion, and their own financial security. Family relationships should ideally be founded on an obligation to the children and anyone against this must be punished severely. Logically from this, there should be stringent punishment for extremist feminists, who encourage females to break family ties, with many financial incentives, including anti-male laws at divorce. Historically, alimony arose as a result of the 'indissoluble' nature of marriage. Because divorce was rare, husband and wife remained married after their physical separation and the husband's obligation to support his wife continued. Maintenance, is an anti-male medieval practice, that in this age of SMS's and promiscuity, should have no place, and needs to be abolished.
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