#BREAKING Union Law Minister Arjun Ram Meghwal confirmed a review of BNS Sections 85 and 86, replicating the repealed IPC Section 498A, due to misuse and inadequate safeguards for men. This is the first review of the new Indian criminal codes, aimed at preventing frivolous complaints while protecting women under domestic violence laws ( 9th January 2025)

HINDU MARRIAGES AND LAW – A BRIEF ANALYSIS
Why we are discussing this point. Has emotional, civic, cultural and aesthetic moral, values and responsibilities ruptured? Girls are pregnant from illicit or unauthenticated relationship and then when man is not ready to marry, she does two things apply for abortion and FIR for rape. The sense of responsibility towards parents has evaporated?
Let’s discuss the various issues.
Oyo, a hotel chain has made policy to not to permit couples unless they show marriage certificate. This shows the hotel chain doesn’t want to get involved in criminal and other consequential legal trouble. It says that we are not running a brothel. Hotel authorities are right. But do youngsters understand what path they have chosen? Whether girls understand what matrimonial responsibilities she is objecting is much better than having unauthenticated relationships. In such unauthenticated relation she does not get more than stress, insecurity and no legal rights, sometimes even cut into pieces and thrown in jungle. Misuse of freedom and education will in long run reverse entire process and in future again women will be arrested to household and early marriage. You may say that there is advancement in science but there is no change in biological science.
Hindu marriage rituals contains two main ceremony. One is Kanyadaan and another is phera. Marriage has four basic vows. Pious institution of marriage is taken over by physical need. Girls were married at 16 may become right ritual if the trend of unauthenticated relations continue to play real havoc. There are questions asked on social media platforms that does school criminalize love? Those who are involved in school always get married? . All such incidents are not forceful.
- First phera: The couple prays for nourishment and prosperity, and promises to support each other’s needs and establish a stable home
- Second phera: The couple prays for strength and courage, and promises to support each other through challenges
- Third phera: The couple prays for wealth, and asks for the strength to share happiness and pain together
- Fourth phera: The couple prays for increased love and respect for each other and their families
- Fifth phera: The couple prays for noble children
- Sixth phera: The couple prays for a long and peaceful life together
- Seventh phera: The couple prays for companionship, togetherness, loyalty, and understanding
Nowadays youngsters have multiple heart breaks and relationships. Which ultimately leads to mental disorders. Sundown parties and unaccountability take a toll of beautiful life song. Divorces are common and courts also promote by reducing waiting time of six months for mutual divorces. Demand for alimony and maintenance is the main fighting point for which multiple FIRs are filed as per legal advice against husband and his family members. The irresponsibility towards children before coming to conclusion for divorce proceedings also leads to a fragile future for child out of wedlock. No one is taking responsibility for the sin of rupturing the future and rights of such a child. The issues may be domestic but affect lives of futuristic human life. Illicit relation and unwanted child leads to abortion.
Nowadays, a day’s youngsters when they marry they want to live separate. Wife doesn’t want dustbins in the house that is senior citizens. Somewhere our education system has failed. They don’t want kids. The reason is the unaffordable of housing, high cost of education. It’s known as DINKS ( Double Income no Kids) This has led to demography change and majority faith in the country are in minority in 9 states of India.
Another trend to settle abroad. Leave country and be with yourself. In such case the generation next is cutoff from roots and adopts another country which is step mother land as his own.
Nearly 40-50 per 1000 women of reproductive age have abortions annually with an abortion ratio of 260-450 per 1000 live births. In India, it is estimated that about 6 million abortions take place every year, of which 2 million are spontaneous and 4 million are induced.
Here are some statistics on medical termination of pregnancy (MTP) writs in India: ( AI Generated)
In 173 cases before High Courts, MTPs were permitted in 139 cases and denied in 29 cases.
Between April 2016 and July 2019, 40 petitions were filed in courts to terminate pregnancies under 20 weeks because doctors refused to perform them.
33 of the 40 petitions were filed by rape victims, but courts refused to allow an abortion in 17% of these cases.
The Medical Termination of Pregnancy (MTP) Act was passed in 1971 and came into effect in 1972. The MTP Act specifies the conditions under which an MTP can be performed, where it can be performed, and who can perform it.
Section 3(2)(a) of the MTP Act allows for the termination of a fetus within 12 weeks of pregnancy if a registered medical practitioner determines that there is a risk to the mother or child.
Where Hindu marriages gone wrong?!! Unlike Islamic marriages which is contractual, so catholic marriages which is contractual sacrament, Hindu weddings are sacred. KanyaDaan and Phre in front of Homa Yagya is necessary to complete the ceremony of marriage.
But with passage of time, it has worn a robe of commercial relationships. Many factors are playing a crucial role which creates ripples in relationship withing family structure. Lawyers play a crucial role in resulting in differences into a confirmed divorce. Husbands commit suicide because of wife’s unreasonable demands for alimony.
Originally girls would marry at the age of 16-17. They would get primary education as the society had traditionally divided labour work between male and female. Male duty as per Hindu custom and usage was to earn livelihood and give security to the family. While women duty as per custom and usage was to have procreation of children and look after household. She was a builder of a strong society and nurturing the future of the country.
Saraswatichandra a Novel by Gordhanbhai Madhavram Tripathi – a famous novel in Gujarati of more than 120 years old part 2 contains conversation between husband and wife (Vidyachatur and Gunial)
Running a family is like running a state. The work of a housewife who runs it is as profound as running a state. Long-sightedness, selflessness, tolerance, industry, generosity, kindness, service, self-sacrifice, etc. are used by a clever housewife as much as by a minister. The work of a housewife cannot be done by hired drivers and considering household chores as light, women are pushed into the abyss. That back-biting was not created by the wise for many reasons. On one occasion, the very reason for this was explained to her by Gunasundari. While reading an essay on ‘tearing women’ in a Parsi newspaper, she opened the letter in her husband’s hand: “My wise beloved! Do you really think that these people write? What do we have to do with us?” “What do we want?” Our bodies and our thoughts are not the wombs of the world. Our bodies are the place for the world to grow. To push that body up to the world of the world, we have tried to get our teeth done. You are the teeth–we are the “jaws.” You are the mouth. We are the mouth. We will do it. You will earn,
Gunusundari–“Who says rights are not equal? You are Eating, drinking, so we. “Everything is equal for you and us. But, by doing equal rights. Babies can’t bear and held by you! Therefore. From us.-We do not want to leave our work….
But the way in which this novel proceeds also exhibits that other member of joint family failed in their duty and what nest was woven by Gunsundari slowly started dismantling.
The thought process was why I should do the work. This is breaking families. But breaking of marriages now reasons are different altogether.
After amending the provisions of the age of 18 and education to girls they have become more complacent and self-righteous. Previously females were economically dependent upon husbands. However, this economic independence has not shielded or curtailed demand for permanent alimony but on the contrary, it has made institution of marriage commercial. Short term marriages also result in payment of hefty alimony. Governments have failed to take note of this.
Freedom has also resulted in inter-caste and interfaith marriages. Hindu law of cognate-agnate and consanguinity is redundant.
India’s divorce rate is low, with 0.1 divorces per 1,000 people in 2021. This is much lower than the divorce rate in the United States, which is 2.5 per 1,000.
Divorce rates by state: Mizoram has the highest divorce rate in India, at 4.08%, while Nagaland has the second highest rate at 0.88%. Gujarat has the highest number of divorce cases among larger states.
Divorce rates by region: Divorce rates in Indian villages are lower than in urban India.
Gender: In India, men initiate most divorces, unlike in other countries where women initiate most divorces.
Depression: Depression can be a major cause of divorce in India.
Stigma: Some women may not report separation or divorce because of the stigma attached to the status. However, some say that the stigmas that forced previous generations to stay together are slowly fading.
The average alimony payment in India is around Rs 15 lakh per divorce. However, there are no set rules for calculating alimony, and the amount depends on several factors:
Payment type
The Supreme Court of India has set a benchmark of 25% of the husband’s net monthly salary for periodic alimony payments. For one-time payments, there is no set benchmark, but it’s usually between one-fifth and one-third of the husband’s net worth.
Other factors
The court considers the couple’s conduct, the standard of living, the need for maintenance, and other factors. For example, if the child is going to live with the recipient of alimony, the cost of the child’s expenses must be included.
Location
The cost of living varies across cities, so the amount awarded is usually higher in metro cities.
Misuse of Divorce Laws:
498A is the most misused section to extract money. Social Status and credibility of family was on stake. What was done for good of women, they started using it to destruct the families. Unmarried sister-i-law, brother-in-law and other in-laws would get automatically arrested. This provision itself was against principles of the constitution. Yet the successive governments failed to act. Few governments bent the principles and amended constitution to restore shariat law setting aside Supreme Court judgment in Shahbanu case, but there was no respite for Hindus under Sec 498A.
Supreme Court ultimately passed guidelines of arrest in Arnesh Kumars case. The outline is as under:
Arrests should be an exception: Arrests should only be made when the punishment is more than seven years of imprisonment.
Police must follow procedures: Police must follow the provisions of Section 41 of the Criminal Procedure Code (CrPC) when deciding whether to make an arrest.
Police must provide a checklist: Police must provide a checklist to the accused before presenting them to a magistrate for detention.
Magistrates must analyze the checklist: Magistrates must analyze the checklist, reasons for the arrest, and other documents before deciding whether to grant detention.
Magistrates must decide on bail promptly: Magistrates must decide on bail applications in a timely manner.
Police must give notice to the accused: Police must give notice to the accused before initiating the case.
Failure to follow guidelines can result in action: Failure to follow the guidelines can result in departmental action against the police, or contempt of court.
The Supreme Court of India has made several comments about the commercialization of divorce, including:
Laws are for women’s welfare
The Supreme Court has said that strict laws are in place to protect women’s dignity and empower them, not to be used to extort money from husbands.
Marriage is not a commercial venture
The Supreme Court has said that a Hindu marriage is a sacred institution and the foundation of a family, not a commercial venture.
Misuse of laws
The Supreme Court has condemned the misuse of laws for matrimonial disputes, such as the use of Sections 498A, 376, 377, and 506 of the IPC.
Contradictory positions
The Supreme Court has said that women should be careful not to take contradictory positions about their intentions in a marriage.
Cannot expect a man to maintain lifestyle
The Supreme Court has said that it is not reasonable to expect a man to maintain his ex-partner’s lifestyle throughout her life if his financial status changes.
The Supreme Court has also dissolved marriages where it believed that matrimonial laws were being misused, such as in the case of a couple who had a fallout after living together for only 3-4 months.
Recent cases:
In a recent case of Atul Subhash who committed suicide due to matrimonial disputes, he said that they will fight cases on my money against me. A PIL is filed before the Supreme Court to protect husbands and seek reforms in dowry laws. He has put serious allegations against the judge too in his video. But his wife and other family members after arrest got bail. I feel instead of committing suicide he should have fought this battle like a soldier. No one is affected except his own parents. It was observed by the Supreme Court that strict laws are not for extorting money
Supreme Court in Dr. Nirmal Singh Panesar V. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar, Civil Appeal No.2045 of 2011 while considering a plea for divorce by a husband aged about 89 years from his wife aged about 82 years. The wife had expressed her desire to continue in the marriage and thus the Court refused to grant divorce.
“…in our opinion, one should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in the society. Despite the increasing trend of filing the Divorce proceedings in the courts of law, the institution of marriage is still considered to be a pious, spiritual, and invaluable emotional life-net between the husband and the wife in the Indian society. It is governed not only by the letters of law but by the social norms as well. So many other relationships stem from and thrive on the matrimonial relationships in the society. Therefore, it would not be desirable to accept the formula of “irretrievable break down of marriage” as a straight-jacket formula for the grant of relief of divorce under Article 142 of the Constitution of India … ” the Court said.
Conclusion: Education has given wings to women, but she avoids her responsibilities. She wants marriage without liability and responsibility. Bollywood actresses life, decisions and serials on television play effective role. Alleged love marriages are wrecking social set up and nucleus fabric of society. Laws are such that men are avoiding marriage. Sometimes the wife files divorce within few months and seek share in immovable property. Serious reforms are needed in divorce laws.
Shruti Desai
7th January 2025
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