Lord Macaulay

“I have travelled across the length and breadth of India and I have not seen one person who is a thief.  Such wealth I have seen in this Country, such high moral values, people of such calibre; that I do not think we would even conquer this Country, unless we break the very backbone of this Nation, which is her spiritual and cultural heritage, and, therefore, I propose that we replace her old and ancient education system, her culture, for if the Indians think that all that is Foreign and English is good and greater than their own, they will lose their self-esteem, their native self-culture and they will become what we want them, a truly dominated Nation”

- Lord Macaulay in his speech of

February 2, 1835, British Parliament

I HANDLED THIS CASE

e-cheating: How the Foreigner was arrested in Bangalore In a case of e-cheating, John K Brown alias John Gren from South Africa who had duped a local resident, Muralikrishna, was arrested at Bengaluru International Airport on Tuesday night by the Chandra Layout police.

John Gren (32) cheated Muralikrishna, a resident of Marutinagar to the tune of Rs 7 lakh. Speaking to Deccan Herald, Muralikrishna said, “I received an e-mail last July by a woman called Joyce (20). She told me that her father was killed in a Civil War in Ivory Coast and she was staying at a refugee camp in Senegal. She requested me to become her  partner to claim $7.5 million which her father had deposited in the Scotland Bank.” “She told that her barrister Bedie Kalto will get in touch with me for further clarifications.” “Accordingly, one Kalto, claiming himself to be a barrister, offered me the power of attorney. He told me to deposit Rs 1 lakh with the ICICI bank in Mumbai for the offer letter. I forwarded the power of attorney and other documents to the Scotland Bank. The bank officials wanted a clearance certificate stating that the money will not be used for any illegal and terror activities. Kalto told me to deposit Rs 5.5 lakh to get the clearance certificate, which I did.” Additional demand “Kalto then sent me an e- mail asking me to deposit another Rs 8.5 lakh to get the certificate as the earlier amount (Rs 5.5 lakh) was for clearing the records. This time, I realised that I had been cheated and I lodged a complaint with the police on October 1 last year. He repeatedly contacted me and requested to deposit the money. I told him that I will give the money personally. So Kalto forwarded me details of one John Gren, a resident of Delhi and told me that he will come to collect the money, but I should bear the travelling and other expenses of Gren. I contacted Gren and after he arrived here, I told him to contact Kalto. When he was busy talking to Kalto, the police arrested him.” Muralikrishna said, “Kalto called me around 20 times on Wednesday and requested to free Gren. But I said that I will withdraw the case only after getting the money back.” Meanwhile, the police on Wednesday produced Gren before the court. DCP (West) Harisekaran said Gren was not carrying either passport or visa. “It is still not clear how and when he landed in India. According to him, he has lost his passport and visa and a complaint regarding this has been lodged with the police in Bhopal,” the DCP added.

PROVERBS

A gem cannot be polished without friction, nor man perfected without trials.

If your stop telling lies about us, we shall stop telling the truth about you.

Don’t be afraid of opposition.  Remember, a kite rises against, not with the wind.

Jealousy arises from a lack of confidence in yourself.

It is sure to be dark if you shut your eyes.

He who blows in the dust fills his eyes with dust.

Believe in yourself no matter what you choose.

The biggest room in the world is room for improvement.

Two things indicate weakness- to be silent when it is proper to speak, and to speak when it is proper to be silent.

Smiles are fragrant flowers in the garden of optimism.

The price of excellence is discipline.  The cost of mediocrity is disappointment.

Every setback offers an equivalent benefit if you took time to search for it.

A word that is spoken never does any mischief.

He who helps the guilty shares the crime.

Come slowly to the banquets of your friends, but swiftly to their misfortunes.

One who cannot laugh at one’s failure will never succeed.

Don’t believe everything you hear, nor tell all that you know.

A secret foe gives a sudden blow.

Listen to your conscience, for you may be listening to god.

Never promise more than you can perform.

Courage and not the sword win the victory.

The wealth of a country is its working people.

Just deeds are the best answer to injurious words.

Envy is an admission of inferiority.

It is better to say” thank you” , and not mean it, than to mean it and not say it.

Success finds its own way to reach the man of will.

Flatterers look like friends, as wolves like dogs.

People are also judged by the company they keep away from.

A great deal of talent is lost in this world for want of a little courage.

AA perpetual holiday is a good working definition of hell.

It is plain madness to live in want that you may die rich.

There was never a good knife made of bad steel.

He that is overcautious will accomplish little.

Never answer a letter while you are angry.

Happiness is contagious.  By giving, we receive.

A man paints with his brains and not with his hands.

Adversity introduces a man to himself.

Difficulty is, for the most part, the daughter of idleness.

Temper is a valuable possession.  Don’t lose it.

You cannot throw mud and keep your own hands clean.

One good schoolmaster is worth a thousand priests.

When money speaks, truth is silent.

In politics the choice is constantly between two evils.

Soldiers win battles and generals get the credit.

The purpose of life is a life of propose.

Honest labour bears a lovely face.

The will of the people is the best law.

A good life is the only religion.

Of all created things, the loveliest and most divine are children.

If you keep unnecessary things there will not be place for necessary things.

Success is the child of two very plain parents- punctuality and accuracy.

Activity of mind and interest in your work are the two most important things in life.

A success is achieved by those who try.  Where there is lot to gain and little to lose, try.

Nothing deflates so fast as a punctured reputation.

Not that which goes in to the mouth pollutes a man; but only that which comes out of it.

HINDU LAW ON DIVORCE

    The concept of divorce was not known to general Hindu Law, as the marriage was a sacrament and it created an indissoluble tie between the husband and wife for their lifetime. The Hindu Law also believed that the marriage between the husband and wife was nothing but the union of two souls. However, the Hindu law was amended considerably to meet the demands and challenges of the modern era. The matrimonial Hindu laws were amended to include the concept of Divorce. The concept of Divorce is new to the Hindu society and Hindu Laws. It was introduced only in the last century as a revolutionary change. Ever since the concept of the Divorce was introduced in the Hindu Law the said provision was invoked in the rarest of the rare cases. However the Indian society and Indian courts are seeing an unprecedented rise in the filling of the Divorce cases. 

    The word Divorce is not defined in the Hindu Marriages Act, 1955. Divorce means putting an end to the marriage by dissolution of marital relations. Section 13 of the Hindu Marriage Act 1955 provides for different grounds for granting divorce. 

    The Divorce can also be obtained by mutual consent when both the spouses presents the Petition seeking divorce under Section 13b of the Hindu Marriage act, 1955. 

    The Divorce can be obtained by either of the spouses by filling a petition seeking divorce before the concerned jurisdictional family judge by invoking various grounds mentioned in Section 13 of the Hindu Marriage Act, 1955. The various grounds that can be invoked for are as follows: 

1. ADULTERY: If the husband or the wife after solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse can apply for divorce on the ground of adultery. 

2. CRUELTY: If the husband or the wife after their solemnization of their marriage treats the other party to the marriage with cruelty then that cruelty can itself become a ground for divorce. 

3. DESERTION: If the husband or the wife deserts the other party for a continuous period of not less than two years immediately preceding the presentation of the petition by the other party. 

4. CONVERSION TO OTHER RELIGION OTHER THAN HINDU: Conversion of either husband or wife to any other religion other than Hinduism is one of the grounds of the other party to give divorce. 

5. MENTAL DISORDER: A divorce petition can be filed if the wife or husband is suffering from incurably unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner/other party cannot be expected to live with the affected party. The Mental disorder includes the mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind which also included Schizophrenia. The expression also included ‘Psychopathic disorder’ which means a persistent disorder or disability of mind(whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment. 

6. VIRULENT AND INCURABLE DISEASE  If the spouse is suffering from virulend and incurable form of disease like that of leprosy then it is one such ground for divorce. 

7. VENEREAL DISEASE IN COMMUNICABLE FORM: If the spouse is suffering from the Venereal disease in communicable form then it is also a ground for divorce. 

8. RENOUNCING OF THE WORLD OR ENTERING OF ANY RELIGIOUS ORDER: If the spouse has renounced the world by becoming a saint, sanyasi etc or entered any religious order then such a marriage can be dissolved by a divorce. 

9. NOT HEARD AS BEING ALIVE FOR A PERIOD OF SEVEN YEARS OR MORE: If the spouse has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive then such marriage can also be dissolved by divorce. 

10. NON RESUMPTION OF COHABITATION FOR A PERIOD OF ONE YEAR OR UPWARDS AFTER PASSING OF THE DECREE FOR JUDICIAL SEPERATION: 

11. NO RESTITUTION OF CONJUGAL RIGHTS AS BETWEEN PARTIES TO THE MARRIGE FOR A PERIOD OF ONE YEAR OR UPWARDS AFTER PASSIING OF A DECREE FOR RESTITUTION OF CONJUGAL RIGHTS. 

12. The wife has been conferred the following special grounds for seeking divorce. 

     a. If the husband has married any other lady before solemnization of the marriage with the petitioner and that such marriage was solemnized before the commencement of the Hindu Marriage Acte 1955. 

     b. If the husband is guilty of Rape, sodomy or bestiality. 

   c. Expiry of one year without cohabitation after the passing of a decree in her favour for separate maintenance under s.18 of the Hindu Adoptions and Maintenance Act or of an order for payment of maintenance to her under the Code of Criminal Procedure. 

    d. Repudiation of child marriage (i.e., marriage performed before she was 15 years of age). This should be done after attaining 15 years and before attaining 18 years. 

13. IRRETRIEVABLE BREAKDOWN OF MARRIAGE: Irretrievable breakdown of marriage has been introduced into the Hindu marriage Act, 1955 and introduced the new section 13C. Both the husband and the wife can move for the petition seeking divorce on the ground of irretrievably breaking down of marriage. However another section 13D has been introduced which says that if the husband moves to the court seeking a decree for divorce under the ground of ‘Irretrievably breaking down of marriage” then the wife can oppose the same. However if the wife moves for the same then the Husband cannot oppose to the same.

14. DIVORCE BY MUTUAL CONSENT: Another ground for granting divorce is the divorce by mutual consent. Section 13B of the Hindu marriage Act, 1955 provides for the divorce by Mutual Consent. Under this ground the Husband and wife can jointly present the joint petition to the court seeking divorce by mutual consent. On presentation of the petition seeking divorce by Mutual consent the court can grant the divorce immediately. The Parliament has made amendment to section 13B of the Hindu Marriage Act, 1955 and pursuant to this amendment the waiting period of 6 months is waived and the court has been granted the powers to grant divorce immediated upon presentation of the petition under Secton 13B of the Hindu Marriage Act, 1955.

    The grounds for obtaining the divorce as enumerated in the Section 13 of the Hindu marriage Act, 1955, are listed above. The grounds enumerated above are little ambiguous for the common man to interpret. The Supreme court has itself interpreted the grounds to include various other aspects relating to the aforesaid grounds. The supreme court of India in various case has interpreted the aforesaid grounds in the following manner: 

    1. CRUELTY[SECTION 13(1)(IA)]: Cruelty is one of the ground for seeking divorce. The Supreme Court of India has time and again reiterated and reviewed the law relating to the cruelty. The cruelty does not mean that there should be danger to ones life, limb and health. If there is a reasonable apprehension that is harmful and injurious to one spouse to live with the other then it amounts to cruelty. The supreme court of India has further laid down the following guidelines which interpreting the term cruelty. 

     a) Cruelty need not always be of such nature as causing reasonable apprehension that it would be harmful for the petitioner to live with the other party. Act committed with intention to cause suffering to other party will also amounts to cruelty. 

   b) Even a single act of cruelty is sufficient if it is of a “grievous and inexcusable nature”, to afford matrimonial relief of Divorce. 

     c) Dowry demand by itself amounts to cruelty and wife can file a petition for divorce. 

    d) the wife asked her mother-in-law to transfer house in her name and when she refused she misbehaved with the mother-in-law and turned her away from the house. The husband was beaten by her brothers at her behest and false charge of demanding dowry was hoisted against the husband. The court held that it amounts to cruelty. 

   e) the Supreme court has held that it is not necessary that cruel treatment should be for a particular duration or period. 

     f) As to what constitutes the required mental cruelty for purposes of section 13 (1)(1-a) of the Hindu Marriage Act, will not depend upon the numerical count of such incidents or only in the continuous course of such conduct but really go by the intensity, gravity and stigmatic impact of it when meted out even once and deleterious effect of it on the mental attitude, necessary for maintaining a conducive matrimonial relationship.     

   g) Expression cruelty has been used in relation to human conduct or human behavior. In order to constitute cruelty, conduct complained of should be grave and weighty for arriving at conclusion that petitioner spouse cannot be reasonably expected to live with other spouse. 

2. ADULTERY: Adultery is one of the grounds of divorce. The wife/husband taking the ground of adultery has to state the particulars of place, time and person with whom the opposite party/husband/wife is alleged to have committed the adulterous act. while praying for the relief of divorce has not right to implead a third party unless specific acts of adultery with particulars of place, time and person are alleged. 

    The husband who has committed a matrimonial wrong of leading adulterous life cannot be permitted to take advantage of his own wrong and claim divorce on the ground of desertion of the wife who evidently willing to live with him provided he stops living in adultery with another women. 

3. DESERTION: The party seeking divorce can claim the divorce based on the ground of the other party deserting him/her for a continuous period of time more than 2 years from the date of filling of the Petition of divorce. The party who has filed the divorce petition has to prove the desertion of the opposite party beyond reasonable doubt to the satisfaction of the court. The parties claiming desertion are bound to prove that desertion was without just cause and further the parties have to establish 

    a) the factum of separation; 

    b) the intention to bring cohabitation permanently to an end (animus deserendi); 

    c) the absence of consent; and 

    d) the absence of consent giving reasonable cause to the spouse leaving the matrimonial have to form the necessary intention aforesaid. 

    The husband who has committed a matrimonial wrong of leading adulterous life cannot be permitted to take advantage of his own wrong and claim divorce on the ground of desertion of the wife who evidently willing to live with him provided he stops living in adultery with another women. 

 4. IRRETRIEVABLE BREAKDOWN OF MARRIAGE: Irretrievable breakdown of marriage is another ground for divorce. Where a marriage has been wrecked beyond the hope of salvage, public interest and interest of all concerned lies in the recognition of the fact and to declare defunct de jure a broken marriage what is already defunct de facto a broken marriage. 

    When the defense of Irretrievable Breakdown of Marriage has been taken the court shall not make any efforts to bring about the conciliation between the parties. However it is the bounded duty of the court to make provision for the welfare of the children. 

5. CHANGE OF RELIGION: When the Hindu husband has become a convert to Christianity, his Hindu wife can petition the court for divorce under s.13 cl.(ii) of the Hindu Marriage Act, 1955. 

6. MENTAL DISORDER: A divorce petition can be filed if the wife or husband is suffering from incurably unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner/other party cannot be expected to live with the affected party. 

    In one of the cases husband was suffering from mental disorder. Husband was not able to have sexual relationship with wife. The husband and wife were living separately for 13 years. In this case it was held that wife was entitled to divorce. 

        The Concept of Divorce in Hindu law still needs to be changed drastically. The waiting period for getting the divorce is enormous. The grounds that are stated in the Hindu Marriage Act, 1955 and the subsequent amendments are primitive. The Hindu law relating the marriages and divorce is not evolving according to the global matrimonial laws. Few more grounds needs to be incorporated into the Hindu Marriage Act, 1955 in order to make the matrimonial laws more practical.