Wednesday, September 10, 2008

Alimony - The Trojan Horse of Matrimony

Irony defining life it seems has become a norm in today’s times. And it does not seem to spare the most controversial social institution, working as first step towards familial life, aka the INDIAN MARRIAGE. The irony here is that what starts as a pompous celebration and extravagant spending ends with financially, emotionally and spiritually draining litigation with mud – slinging from both sides aka the DIVORCE. And ending a marriage is very costly for a man, not only of because the fear of false cases of dowry harassment and domestic violence against him but also as he is liable to pay alimony or maintenance pedante lite to his wife.

The concept of alimony, although was designed with a noble intention of prevention of stranded and protection of destitute non – earning spouse, the same has increasingly become the single largest motivating factor for girls to break their marriages at the slightest sneeze of discomfiture in the relationship with their husbands. And in order to gain a beneficial and an empowered bargaining position in the negotiation for alimony they even do not refrain from filing false cases of Dowry Harassment against their husbands and in – laws and getting them arrested to plant fear in their mind to make them succumb to their heavy demands of alimony.

Thus, in today’s dynamic socio – economic scenario, alimony has become the Trojan Horse of matrimony. Girls know it very well that the moment they start losing control in the marriage or over their husband they can always walk out of it by entangling the husband in false cases of dowry harassment and domestic violence and harassing him so much that he agrees to pay the heavy ransom girls demand to release him from the forced slavery and give him the costly freedom called divorce.

Was ever alimony in divorce meant to be an easy route to tax – free money? Never. But with the existing rampant corruption amongst the police, judiciary and the legal system, men are made to pay heavy alimonies to their estranged wives for settling the false cases and everyone involved in the settlement gets a share of the pie. The practice is thriving like a flourishing business which is so anti – male in nature that every year 56, 000 married men are committing suicide, unable to bear the brunt of fallacy called, The Bad Marriage.

As its definition stands, alimony is subsistence – allowance which allows a non – capable spouse to maintain oneself post divorce. Spouses who are earning or are capable of earning based on their qualifications are not entitled to alimony. One might contend by the above definition that for working women / substantially educated women opting for divorce, as they are not entitled to alimony, their husbands need not worry, but it will be imperative to state here that increasing number of such cases are coming forth where either women have hidden the income and the fact that they earn or deliberately left job to squander money from husband.

Even if the woman is not able to maintain herself, then more than the husband, the parents of the woman are a greater culprit for not properly empowering their daughter with proper education and making her dependent on someone else, expecting that the marriage of their daughter with that person will last for eternity. And is it not the daughter’s right in her ancestral property, her legitimate due that she should get? Why are girl’s parents shrugging away from this responsibility of theirs and discriminating between a daughter and a son when distribution of wealth comes into picture? Why is it expected that only the husband is responsible to maintain the woman even when they are not staying together? Why the girl’s parents are not held responsible for such a condition of their daughter? Will the civil society at least think over these questions if not answer them?

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