A Few Inferences from Kalyan Dey Chowdhary Supreme Court Judgement

Currently a supreme court judgement on alimony is making the news headlines like “Alimony must be 25% of husband’s net pay”. While most of you may not have the time to deep dive into why such an order was passed, I have made an attempt to understand that. I have gone ahead and read the actual supreme court judgement and I thought there were many mistakes on husband’s part which lead to this judgement which ought not be repeated by others. I will spread light on these later in this post.

Before that let’s go through my understanding of the facts of the matter:

  • The Husband was acquitted of charges under IPC 498a & 406.
  • He had earlier applied for Restitution of Conjugal Rights (or RCR) under Hindu Marriage Act in an effort to call his wife back for co-habitation which he subsequently won and still wife refused to co-habit with him, not following courts orders.
  • He also made alternate arrangements for co-habitation with wife separating the family from his parents.
  • Still the wife refused to come and to prevent this she filed for judicial separation. Husband objected as written reply but couldn’t attend the court case as he was allegedly man-handled in the court. The judicial separation was thus passed ex-patry in favor of wife.
  • Husband then applied for divorce which was granted.
  • His wife had applied for maintenance under HMA when husband had​ filled RCR, she re-applied it again under change of circumstances a few years later when husband filed divorce stating that husband’s salary increased, thus increasing the amount of maintenance. Maintenance was provided to the wife on both occasions based on the quantum of husband’s salary during time of passing the order.
  • After the maintenance was passed, she applied for review to the high court who revised the maintenance as husband’s salary further increased. Thus it was increased further at the high court.
  • Supreme Court agreed to the view high court had held. The only reason for reduction in maintenance passed by Supreme Court is the presence of a second wife of the husband and a child born out of the second wedlock.
  • Supreme Court ignored the fact that the wife was skilled, was earning a decent amount which quantified to nearly 1/3rd of that of the husband and the child born out if the first marriage was now (at the time of passing the judgement) an adult.

Below are some conclusions that I could draw from the above matter and the developments at each stage:

  • Do not apply for RCR as it has always been proven useless time and again. Indian judicial system seemingly doesn’t have any mechanism to enforce RCR judgement (that seeks to save the marriage) won by the husband against the wishes of the wife.
  • Contrarily applying for RCR only attracts maintenance cases under sections HMA 24 and 25.
  • Applying for divorce is also counter-productive for the husband. Although the husband may be granted a divorce on one of the grounds but he may end up satisfying his wife’s greed to get more money/property.
  • Never skip your court dates, however difficult it may be. If you are threatened or man-handled or beaten by some goons while you are attending the court dates in your wife’s territory, file a complaint at the local  police station and pursue the matter separately without any fear. A police complaint should be a deterrent to the goons and in-laws in their efforts to traumatise you even more. Contrarily, not attending the court dates not only gives an impression that you aren’t interested in the matter and to get justice, but you also gives entire control of the court proceedings to your advocate and end up losing your grip on the case. You are then at the mercy of your free-willed advocate, lying in-law’s & the misandrous judicial setup. The only respite you have is temporary by distracting yourself from this matter.
  • Second Marriage is not a solution to get rid of the issues faced due to first marriage. 
  • Last and not the least, do not marry! As they say, prevention is better than cure! Be an MGTOW. (If you don’t know the meaning of this term, google it now!
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​This happens to your body when you eat 3 dates per day

DATES are often underestimated or only seen as a sweet. But there are many good reasons to regularly eat the sweet fruit. Here are a few of them:

  • Free your arteries: The high potassium content will not only help your heart but also curb atherosclerosis. This vascular disease is due to calcium deposited on the vessel walls. This not only narrows the arteries, but also carries the risk in the form of potential blockages. This increases the risk of strokes, heart attacks and other diseases enormously. Eating three dates each day will make a big difference and help keep your vessels clear.


  • Support for your liver: Studies have shown that dates can also help contain liver cirrhosis.  This painful condition occurs when the liver can not properly deal with toxins and produces too much collagen. Dates support your liver to overcome the daily requirements.
  • For a healthy heart: Dates are fantastic for your heart. Because the fruit contains a lot of potassium, they are perfectly suited to counteract cardiovascular diseases. At the same time, they can reduce LDL-cholesterol – which is a risk factor for stroke and heart attacks.
  • Eagle eyes: There is a lot of vitamin A in dates. This vitamin helps your cornea regenerate and protects the eyes. They also contain lutein and zeaxanthin, which are both nutrients that allow your eyes to better filter out harmful UV-rays. This means that your eyes remain “fresh” longer and better maintain their capacity.
  • More energy: Together with a few nuts or almonds, dates are the ideal afternoon snack. The sugar content in dates gives you an energy boost that lasts longer through the fat from the nuts and makes us feel full. Simultaneously, brain activity is stimulated, so you get a clearer head from the vitamins. Of course, they are a great sports nutrition.
  • Better digestion: Many people already know, but dates aide with digestion. They help against constipation, stomach aches and many other complaints. Through their “cleansing” effect, they are fantastic as a precaution against intestinal cancer. All these features can be explained by the fiber and amino acid content. They help to optimize your digestion and help your body better absorb nutrients.


  • Dates as pain relief: Hard to believe but true: the magnesium in dates helps to reduce pain and swelling. It also has antibacterial properties and reduces infections in the body. In any case, they are a brilliant supplement to medicinal methods. 

 

It’s incredible just how much dates can help with. A great reason to enjoy them more often as a snack.

How BPL families could be divided into BPL females and BPL males

A Marriage Bill is attempting to unleash a new kind of MISANDRY. It proposes to discriminate men from the Below Poverty Line.

As per a news report from The Economic Times, The Marriages (Compulsory Registration and Prevention of Wasteful Expenditure Bill, 2016 proposes the below:

“If any family intends to spend more than Rs 5 lakh towards expenditure on marriage, such family shall declare the amount proposed to be spent in advance to the appropriate government and contribute 10 per cent of such amount in a welfare fund which shall be established by the appropriate government to assist the poor and Below Poverty Line families for the marriage of their daughters”. 

If this bill is passed, even the very poor – who aren’t able to make ends meet in their daily lives and who are completely uncertain whether they would get the next meal in their life or probably they will survive the next year – will be no more be looked as “poor” or “those belonging to BPL category”. Rather they will be looked at as “BPL woman” and “BPL men”.

Feminism attempts to create a perception that Climate Change in South Asia affects women more than men.

Some time ago, feminists had called climate change sexist. They opined that climate and nature takes a course such that it differentiates women and men in its treatment.

Reading that if you thought feminism can’t get more stupid in its objectivity, you will be in for a surprise. 

In a similar attempt in South Asia, feminists are creating a theory that severe acute climate change in South Asia – precisely India and Bangladesh – which includes continuous periods  of lack of rains and draught is being unfair to women.

As men from the sub-continent, who used to be solely dependent on agriculture for their livelihood, were forced to venture out to cities & towns for better prospect of livelihood and who in the process had encouraged their wives and women-family members to be on their own and give themselves as well as agriculture a chance, are being blamed for thrusting responsibility on women.

As per this news report from ‘The NEWS Minute’, men are being unfair and ignorant of their family members.

The reporter has conveniently failed to highlight the facts or outcomes of the process:

1. Women have been presented a situation where they can be on their own and be independent on their spouses for livelihood.

2. Women have been given a chance to be decision-makers when it comes to decisions related to their work and agriculture.

3. Needless to say they have become more empowered overall in the long run.

4. Boys, who had to dropout of their schools in villages in an attempt to earn along with their fathers, are forced to live an entire life of uncertainty as they will not be able to complete their education, most will stay uneducated forever.

5. Lack of education amongst boys will contribute less or will be counter-productive to the success and happiness quotient of themselves and the family in the long run, including their mothers and sisters they have left education for.

6. In their efforts to move out of the comforts of the village home, men are also taking up more challenges thrusted upon them, taking more responsibility for the sake of their families, which includes the women the report seems to be complaining about.

Below are a few reactions the news post has got from twitteraties which sumup the entire situation.  

  1. #FeminismIsRetarded Gets What It Wants
  2. It seems Patriarchy has transformed into clueless Matriarchy 
  3. Boys dropping out of school for lowwage jobs, lifelong uncertainty is unimportant. #FeminismIsCruel, stupid, idiotic.

Leaving you with the original news which is being referred to in this post.

Title: Climate change affects all, but women are facing new, more severe challenges, reports ‘The NEWS minute’.

Sub-Title: On the positive side, women are discovering new roles as decision-makers.

IANS| Monday, January 30, 2017 – 11:

By: Azera Parveen Rahman

QUOTE:

Men migrating to bigger towns in search of employment, to support their families back home in the villages, is not uncommon. Climate change, which has caused a spike in natural disasters, has upped this “push” factor, adding to others like poverty and unemployment.

But what about women?

Not only has there been a rise in trafficking of women, but a World Bank study has also found that 14 per cent households in India are now women-headed, mainly because of male migration, creating an additional burden on them.

This feminisation of climate change-induced challenges has, however, not got the attention of government agencies. This is a serious gap that needs to be addressed, says a new study by ActionAid, Climate Action Network-South Asia, and Brot Fuer Die Welt (Bread for the World). The study, Climate Change Knows No Borders, analyses climate-induced migration and the challenges involved in South Asia, including India.

UNQUOTE

One read the news post here.

Police Debunk Woman’s Rape Charge Against Father-in-law

PANCHKULA: The police have termed as false the allegations of a 29-year old woman, of Sector-12, that she was raped by her father-in-law more than 2 years ago. This was revealed after police had initially registered a case and recorded her statement before the magistrate under section 164 of CrPC.

“The father-in-law is under 77 year old and remains unfit. For the last two years he has been suffering from Prostate Cancer. The rape allegations are false”, said sector 14 SHO inspector Sukhbir Singh.

Incidentally, the woman is undergoing a matrimonial dispute. The police remained inaccessible for the most part of the day, claiming that there were instructions from top brass. Five rape cases have been reported in January.

4,206 Fake Cases Filed in Jaipur in 2016

​JAIPUR: The Jaipur police have found that 4,206 fake cases were reported in Jaipur between 2015-16. In most cases, a false complaint was filed with an aim to extort money or defame a person to settle personal scores.

According to a senior police officer, these fake cases included allegations of harassment for dowry, molestation, cheating, and rape. These startling figures surfaces when Prafull Kumar, additional commissioner police (First) asked all DCP offices to provide details about cases where final report (FR) was found to be false.

“We have directed all DCPs to file a legal case against people involved in filing false case under Section 182 (IPC),” Kumar told TOI.

According to figures accessed by the TOI, maximum false reports, 1,417 were filed in Jaipur (East), followed by Jaipur (West) which found that 1,326 cases were false.

A senior official said that filing FIR in Rajasthan is not an arduous procedure unlike in states like Uttar Pradesh and Bihar. “Rajasthan police immediately registers the FIR in cases related to rape, sexual harassment, molestation and dowry demand, which is a good step. But during subsequent investigation, we found the allegations were made merely to implicate a person in cases in order to extort money,” cops said.

The concerns of Jaipur police may not be out of proportion when one looks at the crime figures. For instance, Jaipur-East, one of the most crime prone police area of the city, disposed of 60 cases of rape, out of which 30 were found to be false.

“Our investigation revealed that 50% of cases filed under Section 376 were false. It’s a staggering figure which is unfortunate. The police stations are already overburdened with flood of cases, and we spend half of our times on probing cases which have no genuine ground,” a senior official told TOI.

Cops recall an incident where a 27-year- old girl alleged that she was sexually harassed by his 52-year-old landlord. A case was registered by the police, but the subsequent investigation revealed that landlord was asking the girl to pay the pending rent of three months, the girl decided to file a complaint in order to implicate the landlord.