The Delhi High Court today i.e. 19/08/2019,

issued notice to the Central Government in a petition for raising the minimum marriageable age for women to twenty-one, thus making it at par with the minimum marriageable for men.

The petitioner has challenged various provisions in different statutes including

• Indian Christian Marriage Act, 1872,
• Parsi Marriage and Divorce Act, 1936,
• Special Marriage Act, 1954,
• Hindu Marriage Act, 1955.

The petitioner’s concern that while men in India are permitted to get married only at the age of 21, Women are allowed to get married when they are 18 which is discriminatory.

Claiming that a higher minimum age will ensure more autonomy to women in every sense

It was argued that this “differential bar” discriminates against women, in contravention of the fundamental principles of

• gender equality,
• gender justice and
• dignity of women guaranteed under Articles 14, 15 and 21 of the Constitution of India.

The petitioner has therefore called for equalization of minimum age for marriage for men and women.

In order to secure uniform minimum age for marriage, the petitioner has prayed that Section 60(1) of the Indian Christian Marriage Act, 1872, Section 3(1)(c) of the Parsi Marriage and Divorce Act, 1936, Section 4(c) of the Special Marriage Act, 1954, Section 5(iii) of the Hindu Marriage Act, 1955 and Section 2(a) of the Prohibition of Child Marriage Act, 2006 be declared void and inoperative.

The matter would be heard next by the Delhi High Court on October 30.

Personal View.

1. The age should be unified.
2. Let the women be independent rather than getting married and dependent of her husband.
3. Will ease on the burdun of a man also, if the women is highly educated and earning, rather than sitting idle and in case of matriminial dispute putting false alligations with intentions to ask maintainence and allimony,
4. Not encourage the increse of unemployed population.
5. Men are already getting implicated in false and fake cases by such women who consider that the husband is just a atm and lottery they can take Cash from.

STOP THE CRIME AGAINST MEN

Few funny facts:

Do you know that the women can also use RCR and 498A at same time against you too?

Funny but true ,

• the lopsided interpretation of the law by the judiciary in our country is that
• the wife can file an RCR and a 498a at the same time.
• The courts do not interpret her RCR in this situation to mean that she has condoned the putative cruelty of the husband.
• They permit the 498a to be admitted, and allow the husband to suffer the illogical legal atrocity of a woman trying to send him to jail and to bring him to her bedroom at the same time.

While some lawyers will tell you that you should apply for RCR (Restitution of Conjugal Rights), also called Section 9 of Hindu Marriage Act should we use it or not?.

During 498a/DV litigation is common that the wife leaves her matrimonial home and starts to live in some other place, thus denying her husband of his conjugal rights.

An RCR petition cannot reduce your maintenance expenditure either, as your wife has more than one pathway to get maintenance from you. India is the only country in the world where the wife has at least four legal provisions enabling her to ask for maintenance, and it is impossible to stop all four attacks if she is hell-bent on harassing you.

Due to section 24 of HMA she can claim money from you to fight the case against you. And although you can file the RCR case in your city, the record so far overwhelmingly supports the probability that the legal battle will have to be fought in her city.

Some lawyers try to convince you to put a section9 case against her but my own recommendation is that you should not do it. Reasons as follows :-

1. These lawyers are only trying enrich themselves at the cost of ruining your life.
2. Avoid such lawyers like the plague.
3. A petition for Restitution of Conjugal Rights is a petition to order the wife to come back to you.
4. This is done supposedly to allow the spouse who wants to save the marriage to save it.
5. Why the lawmakers included this provision in the law on marriage and divorce in India is a mystery –considering the fact that they knew perfectly well that you cannot force an unwilling spouse to cohabit with the willing spouse, even if they are on the same bed.
6. When we are facing false charges of 498A, DV and 125, the marriage is long dead. Some of the guys also go for forced vacations in jail for no mistake at all.
7. The RCR is only added burdurn, will occupy many years of your life and lead to the wastage of lakhs of rupees, and in the end, even if you win it, even the Chief Justice of India or the Full Court of the Supreme Court cannot enforce it. Nobody can force your wife to come back to you, even if there is a court order from the highest court.
8. Some money minded lawyer may even give you false information that RCR petition insulates you from 498a which is a biggest lie you can tell yoirself.
9. An RCR petition does not protect you from 498a in any way whatsoever.
10. Rather ,it is you who is asking your wife to come back, and she is refusing to come back. Giving her another opportunity to put more alligations on you and your family members and using these alligations to show herself as abla and that she is forced to stay away from you due to false alligations like domestic violence, dowry demands,tourturing her etc.
11. RCR is a weopon that you will hand over to her to shoot you and your family members at point blank range.
12. It means in effect that you are declaring that you have forgiven all the cruelties of your wife, and that you do not mind that
13. she has left you;
14. denied you sex and love;
15. filed a DV case against you and your parents; filed 498a against you and your parents; and
16. all other similar actions taken by her.
17. You lose your right to file divorce on the grounds of cruelty the moment you file RCR.
18. You practically lose your right to file for divorce on any grounds whatsoever for months if not years after your RCR has been decided upon by the highest court.
19. Fighting RCR until the highest court, hurts your finances terribly and then you have to fight again from the lowest to the highest court to get the decree enforced. Even at the end of that, it is not enforceable at all.

Will the RCR help her to take divorce from you:

The ANSWER is YES.

1. Another provision in the HMA is that once one party succeeds in getting a positive decree as a result of his/her RCR petition, the parties have to resume cohabitation within a period of one year, failing which, either party can get a divorce decree.
2. Now, even if you win the RCR This provision of HMA renders the whole RCR concept meaningless, because the party which wants a divorce can lead the other party up the garden path by allowing them to win the RCR decree in as short a time period as possible, and then using the same against them.
3. This can be done by not contesting the RCR petition; and, thereafter, not resuming cohabitation within the succeeding year. This eventually results in a divorce decree at the end of that period, and the deserting party gets what they want.

So discard all thoughts of using this legal provision.

THE DOWRY PROHIBITION ACT, 1961, (Act No. 28 of 1961)

(20th May, 1961)

An Act of giving or taking of dowry is prohibited.

The Act clearly defines dowry
as

Any property or valuable security given or agreed to be given either directly or indirectly:

1. by one party to a marriage to the other party to the marriage;or
2. by the parents of either party to a marriage or
3. by any other person, to either party to the marriage or
4. to any other person at or before or any time after the marriage

in connection with the marriage of said parties

but

does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Penalty for giving or taking dowry

(1) If any person, after the commencement of this Act,

gives

or

takes

or

abets

the giving or taking of dowry,

he shall be punishable with imprisonment for a term which shall not be less than five years,

and

with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.

(2)Nothing in sub-section 1 shall apply to or, in relation to,

presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf)

Provided that such presents are entered in list maintained in accordance with rule made under this Act,

presents which are given at the time of marriage to the bridegroom
(without any demand having been made in that behalf)

Provided that such presents are entered in a list maintained in accordance with rules made under this Act

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature
and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.

Cognisance of offences

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974),- no Court inferior to that of a Metropolitan magistrate or a Judicial Magistrate of the first class shall try any offence under this Act; no Court shall take cognizance of an offence under this Act except upon –

its own knowledge or a police report of the facts which constitute such offence, or
a complaint by the person aggrieved by offence or a parent or other relative of such person, or by any recognized welfare institution or organization:.

(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2of 1974), shall apply to any offence punishable under this Act.)

Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.

Offences to be congnizable for certain purposes and to be bailable and non-compoundable.

(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as of they were cognizable offences-

for the purpose of investigation of such offences; and
for the purpose of matters other than-
matters referred to in Sec. 42 of that Code, and
the arrest of person without a warrant or without an order of a Magistrate.

(2) Every offence under this Act shall be non-bailable and non-compoundable.

THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985
G.S.R. 664 (E), dated 19th August, 1985
In exercise of the powers conferred by Sec.9
of the Dowry Prohibition Act 1961.
(28 of 1961)
the Central Government hereby makes the following rules, namely:

Rules in accordance with which lists of presents are to be maintained.-

(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

(3)Every list of presents referred to in sub-rule (1) or sub-rule (2),-

• shall be prepared at the time of the marriage or as soon as possible after the marriage:
• shall be in writing;

shall contain,-

• a brief description of each present;
• the approximate value of the present;
• the name of the person who has given the present; and
• where the person giving the present is related to the bride or bridegroom, a description of such relationship;
• shall be signed by both the bride and the bridegroom.

Explanation. 1.-

Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature on the list, of the person who has so read out the particulars contained in the list.

Explanation 2.-

Where the bridegroom is unable to sign he may affix his thumb-impression in lieu of his signature after having the list read out to him and obtaining the signature on the list of the person who has so read out the particulars contained in the list.

(4) The bride or the bridegroom may,

if she or he so desires,

obtain on either or both of the lists referred to in sub-rule (1) or sub-rule (2)

the signature or signatures of any relations of the bride or the bridegroom or

of any other person or persons present at the time of the marriage.