Smriti Shinde – Double standards of the Supreme Court

Here is an interesting news item – “Shinde’s daughter moves SC for divorce” in Times of India on Dec 17, 2009. In this case, the tables are turned where husband is refusing to sign a mutual consent divorce that the wife wants. Wife approached the apex court stating that being forced to live in an unhappy and unwanted marriage “violated her fundamental right to live life with dignity, which was guaranteed by Article 21 (right to life) of Constitution”.

Now, instead of doing what they customarily do when husbands approach the Supreme Court with a similar plea, the Supreme Court “issued notice to ministry of law and justice as Smriti alleged that because of the husband, she was forced to live a married life against her free will”.

When woman wants out of a marriage staking a claim on her right to live a happy and dignified life, the Supreme Court issues notice to the ministry of law and justice, why her claims could not be taken seriously under our constitution. When several men approached the apex court requesting to be released from marriages under identical circumstances, the wise old patriarchs, with the weighty burden of “social engineering” on their “shoulders”, lecture them with a gratuitous advice – “listen to the diktats of your wife to stay out of trouble”. Time and again, scores of men having spent decades trying to get out of the clutches of cruel, violent and adulterous wives, approached the courts seeking justice to live out the rest of their miserable lives in peace, the courts, led by the High Courts of the respective states and the Supreme court,  in their infinite sadism, pooh poohed their misery as “normal wear and tear” of marriage and refused divorces. Unable to find a way out of their miserable existence, hundreds of men have committed suicides. The stony of hearts of the powers that be never melt upon these tragedies. You see – causing a man to commit suicide is not only not a crime in India; in fact it is considered a social service. And the judiciary, led by the High Courts and Supreme Court, is playing its part in this social service – pretty diligently.

Pathetic!

Indeed!!

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Here is the text of the article –

NEW DELHI: Hinging hopes on an apex court advisory to the government to consider “irretrievable breakdown of marriage” as a valid ground for divorce
, Union minister Sushil Shinde’s daughter Smriti on Wednesday moved SC seeking to end to an unhappy marriage with her husband.

Frustrated by persistent refusal of her husband to consent to a mutually agreed divorce, Smriti’s counsel, senior advocates Harish Salve and Mukul Rohtagi, pleaded before a Bench comprising CJI K G Balakrishnan and Justices A K Ganguly and B S Chauhan that this violated her fundamental right to live life with dignity, which was guaranteed by Article 21 (right to life) of Constitution.

What the SC, which had previously dismissed her appeal against an HC order rejecting her divorce plea as her husband had refused to consent for ending the marriage, was whether such withholding of consent by one party violated other party’s fundamental right. It issued notice to ministry of law and justice as Smriti alleged that because of the husband, she was forced to live a married life against her free will.

NEW DELHI: Hinging hopes on an apex court advisory to the government to consider “irretrievable breakdown of marriage” as a valid ground for divorce Frustrated by persistent refusal of her husband to consent to a mutually agreed divorce, Smriti’s counsel, senior advocates Harish Salve and Mukul Rohtagi, pleaded before a Bench comprising CJI K G Balakrishnan and Justices A K Ganguly and B S Chauhan that this violated her fundamental right to live life with dignity, which was guaranteed by Article 21 (right to life) of Constitution.

What the SC, which had previously dismissed her appeal against an HC order rejecting her divorce plea as her husband had refused to consent for ending the marriage, was whether such withholding of consent by one party violated other party’s fundamental right. It issued notice to ministry of law and justice as Smriti alleged that because of the husband, she was forced to live a married life against her free will.

, Union minister Sushil Shinde’s daughter Smriti on Wednesday moved SC seeking to end to an unhappy marriage with her husband.

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3 Responses to “Smriti Shinde – Double standards of the Supreme Court”

  1. Kris Says:

    http://timesofindia.indiatimes.com/india/Waiver-of-mutual-consent-for-divorce-open-to-misuse-Activists/articleshow/5348898.cms

    Most of the laws in our books made by the Colonial rulers two hundred years ago are at best the bastardized versions of western laws and local traditions. They are irrelevant for the present time. Most common people avoid getting entangled in litigation as they have least confidence in the system. The vested interest groups like fund chasing feminists are the ones that are dictating terms about how these laws should be changed, or what new legislation needs to be introduced. These handful of people, numbering in only a few hundred, have successfully imposed their views (which are based on bankrupt western ideologies), on millions and millions of unsuspecting ordinary people. PWDVA authored and advanced by Lawyers Collective is the best example of this process. On the other side, these same entities oppose making changes to archaic laws dealing with divorce, child custody, paternity, alimony etc which treat women as not equals, but only as a victim. When vocal women’s groups like Lawyers collective or AIDWA oppose any changes, the civil society must take notice to examine their underlying motives. These pressure groups, these vested interests have no mandate to corrupt the system as they please. We should counter their propaganda with truth.

  2. raj Says:

    DV act is violation of Indian constitution article 14 , 15 and 15(a). Please email me if you need more clarification on this.

  3. rahul Says:

    RECENTLY ANOTHER BLUNDER SC HAS COMMITTED IN A CASE RAJIV GAKHAR VS BHAVANA @SAHAR WASIF BY NOT ALLOWING THE APPEAL NULLITY OF THE MARRIAGE OF THIS YOUNG MAN WHO IS STUCK INTO CLUCHES OF SMT SUBHAVAN @ BHAVANA @ SAHAR WASIF WHO IS 12 YRS ELDRER THAN HIM THAT TOO WITH TWO GROWN UP KIDS OF 23 AND 25 YRS AGE FROM PREVIOUS MARRIAGE. THIS WOMAN WHO IS ILLETRATE , PROJECTS HERSELF TO BE HIGHLY QUALIFIED HAS GRABBED THE OPPORTUNITY OF MARRYING A YOUNG BOY WHO WAS A FIGHTER PILOT….N SPOLED THE LIFE OF THIS MAN WHO IS NOW 37 WHEREAS THE SAID LADY IS 50 WHO STILL WANTS TO LIVE WITH THIS YOUNG MAN LEAVING BEHIND THE SHAME……..NOW OUR LERNED JUDGES OF SUPREME COURT HAVE SAID THAT THIS IS A VALID MARRIAGE N HAVE ULTIMATELY ENHANCED THE AGONY OF THE YOUNG MAN……..IN A PERFECT CASE OF INCOMPATIBILITY,AND BREAKDOWN……….THEY ARE FIGHTING FOR 12 YRS……..THIS MAN IS DEPRIVED OF HIS NORMAN LIFE BY THE COURT BY NOT GRANTING DIVORCE/ NULLITY….WHEREAS LADY IS TAKING MAINTENANCE FROM HIM,LIVING HAPPILY WITH HER KIDS FROM MUSLIM HUSBAND…….NOW WOT JUSTICE HAS BEEN DONE TO THIS POOR YOUNG MAN THAT HE HAS BEEN FORCED TO CARRY A MATRIMONIAL BOND WITH A LADY WHO IS MORE THAN A DECADE OLDER THAN HIM N ON THE TOP SHE IS A SCHOOL DROP OUT……AN ILLETRATE WOMAN WHEREAS THIS MAN IS A FIGHTER PILOT……WOT A IRONY

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