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Kiran Ashri
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Matrimonial laws in India: are they biased?

The blog contains my personal views and opinions and is no reflection on any person/ authority/ legal scene in India or anywhere.

Well, many provisions of law have been made to protect the rights of women who have had a rough deal in marriages. The society being man-dominated always assigned a backhand role to a woman where she has been a homemaker for centuries. Even with a career-oriented woman, the role of a homemaker has stayed.

The reason being among Hindus, marriage is an institution and not a contract- the sacrament sees marriage as a bond of seven ages, in the least. The burden is on the women to make it work. The burden of homemaking, raising children in a nuclear setup, and changing expectations of the husband has put a lot of stress on the woman to deliver. The sacrifices of giving up a career by women in the homes or taking a back seat is taken for granted. Frustrations build up and relationships are bursting at the seams.

Old-age expectations coupled with new-age deliverables are taking a toll on marriages and confused career-driven homemakers feel victimized at the hands of rigidly groomed men. Frustrations, feeling of worthlessness and vengeful behaviour - such mindsets use the provisions of law ruthlessly for their pound of the flesh. Law may be neutral or fair but the deal to men is raw, the mindsets are biased and achieves nothing.

With the changing scenario, I strongly feel that one has to be sensitive to the grievances of the other spouse also, he may not always be the perpetrator contrary to the popular and suited perception. The higher seated ones need to look eagerly into the matters to rightly snub wrong users of law sternly while holding up justice.

Many litigants feel victimised by the system, its insensitivity, inordinate delays in receiving a fair hearing and trials. Interestingly, most of the matrimonial disputes are settled outside the court between the parties and not inside the courts.

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Kiran Ashri, Advocate  ·  Chamber at 24/4C, Rail Vihar, Sector 56, Gurugram
The information on this website is true to the best of my knowledge and is furnished by me, Kiran Ashri, Advocate. Nothing on this website is legal advice, and reading it or writing to me does not create a lawyer-client relationship.