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The SC Judgement On Separating A Son From His Parents Reeks Of Patriarchy

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By Somaya Iqubal Khan:

What if a woman stops doing what she is supposed to do? Will that be challenged in our courts? What if she refuses to leave her parents after marriage, and does not accept the ‘traditional’ arrangement of society?

Do we have any law for a woman’s parents who are abandoned right after she gets married off? She has no right to fight her in-laws or husband if they deny any help or contact to her parents. Then what is the need for this judgement which has been given from a single perspective? Why has the separation of women from their ageing parents been taken for granted?

The judgement of the Supreme Court regarding the separation of a Hindu son from their parents as grounds for divorce is the certificate given to womanhood of being less fortunate to be born as a woman. The country where marital rape is not a crime because there can be no evidence of the same, as the voice of a woman alone is not enough to certify her pain.

I wonder how they can prove in court for such cases where women can be easily victimised on such grounds even if she is not the one separating her husband from his parents. When a woman leaves her family and ‘adjusts’ herself into another family, she may have to face hatred, jealousy and other emotions. It is part of the process of adjustment and maladjustment that people in the family might like or dislike for various reasons. In those cases, how will the court protect the women who can be wrongly penalised by her in-laws, citing the same reason of separation to initiate divorce and differences between the couple?

Women tend to understand separation as she leaves her own family and settles in another. I am not sure of the number of cases where a woman would become the reason to separate her husband from his parents yet the judiciary pronounces such a verdict where thousands of women can be abandoned based on this, specifically from the lower strata of the society where women are not necessarily educated and self-dependent.

Moreover, it’s a shame that there are no laws against marital rape – something that is rampant in the same society – and is a form of domestic violence.

Our judicial system just served to a different facet of exploitation of women in our patriarchal society. Her character can be assassinated in courts and society, for one more reason, no matter the merit of the case.

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  1. Vishal Saurav

    First, what if women don’t leave their home after marriage? They can easily do it. No one can force anyone to live anywhere against one’s wishes. But then husband(and wife too) will be free to get divorce on ground of desertion. And Women always have to leave her parental home and law endore it too because as per law a wife is entitled to be maintained by her husband for life time and not vice-versa. Now,someone dependent can’t have it’s will forced unilaterally. Reverse the role of gender here on maintenance of spouse and Women can get plenty of men who will be ready to leave their parental home to live in bride’s home.
    And about ‘marital rape’, if men can be legally ‘maritally looted’ in the name of maintaining of wife and it is not a crime then what’s problem if ‘marital rape’ is also not a crime? And Women or for that matter, anyone can’t be believed on mere words. Law needs proof for any decision. If mere words of women can be accorded the status of proof then conviction in rape cases would have been 100% and not merely 23%. In India, apart from punishing rappists, rape laws are also used to force men to marry against their wishes . If a girl have pre-marital consensual sex with her boyfriend, she can file rape case against him on charges of ‘rape on false pretext of marriage’. But a man can’t if his girlfriend do the same!!! Amazing women oppression. isn’t it??See what has happened with IPC 498A in India. Any ‘marital discord, divorce proceedings, extra-marital affairs, this section is weapon for women to Blackmail husband and extort money. After ‘marital rape’ law, wife would file cases like ‘my husband rapped me by false promises of taking me out on weekend and didn’t honor his promise. Yes, looting in the name of Alimony if a man want to break marriage, although taking money by man while marrying her is crime and sigh of women oppression. Why this double standard which is duly suppoted by feminist? If women have separate existence with sole right on her body and she should decide when to have sex with her husband or with anyone then why men shouldn’t have sole right on his finance and he should decide how to maintain and when to maintain his wife?? Shouldn’t such law be called ‘marital extortion’?? Why a man should pay Alimony and maintenance to his wife after divorce?
    You said about Domestic violence but our law doesn’t protect men from Domestic violence. If husband does cruelty, wife can take legal route but when husband suffers cruelty from wife, he can only take divorce that’s too after paying Alimony to wife. Isn’t it gender discrimination and against basic right of a man?
    When previous government refused to recognize ‘marital rape’ the reason given was it will destroy family system. This is precisely what means by destruction of family system. Women will say NO to sex against her consentand men will say NO to maintain her wife without his consent. And pls don’t say that women are capable of maintaining themselves. Not more than 5% of women in our country earn more than their husbands. Maintenance of wife by husband and sex both are integral part of marriage.
    Pls reply on these points!! And if you would reply then it would be better to respond on points which I have mentioned instead of judging me as male chauvinist(which I hear for myself when i say these points) as that will not change the points which I have raised.

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