In our country, there are four special pillars of democracy, which include the legislature, the executive, the judiciary and the media. If we talk about the judiciary, then in our country, people do not get justice even after waiting for many years to get justice. In many cases, the person seeking justice also leaves this world and becomes dear to God. In our country, special importance is given to married life, for which parents, whether it is a boy or a girl, after the birth of their child, apart from their upbringing, education, etc., they start worrying about their marriage. Parents try to find a good home and family and a good boy for their daughter and with the aim of making their daughter’s life better, they also give a good dowry to the boy’s family, which is also wrong in the eyes of the law. Similarly, parents want a good, complete, wise and beautiful daughter-in-law for their son and their family.
Now in the 21st century, marriages are not like in the old days, most of the marriages are done through love marriage, newspapers and many matrimonial sites, apps or with the consent of the parents. After marriage, most of the cases of fights and quarrels between husband and wife are also seen, in which there is no mutual consent of the husband and wife or there is ego, suspicion, bad character, unnecessary interference of the girl’s family in the in-laws’ family, drug addiction by the boy, idleness by the boy, not doing any work, harassment of the girl by the boy’s family, demand for dowry, apart from this, there are many other reasons, which often become a source of fights and quarrels between husband and wife. This fight and quarrel gradually starts from home and first reaches relatives, panchayats, police and then finally reaches the courts. But when the case reaches the courts, in most of the courts under the Hindu Marriage Act 1955 of India, husbands get very less justice than wives, while on the contrary, due to the provision of many facilities to women in this act, the entire act works in favor of women, for which the husband stumbles in the courts, hoping for justice and fights the case, facing various cases filed against him by his wife.
To get justice, the husband can file a claim under Section 9 to settle his wife in his house or he can file a case in the court under Section 13 to get divorce. If there is a child, then the husband or wife can file a case under the Guardians and Wards Act 1980 to legally take (heir) their child or children. But in this case too, the husband has to suffer, because according to this act, the condition for the husband is that the husband can file a case only after the child turns 5 years old, while for women, this act says that the mother is the real guardian of the child for the first 5 years. Apart from this, the wife can apply for maintenance allowance from her husband for herself and for the upkeep of her children or more children under Section 125 or if the husband has filed a case under Section 9 or a divorce case, then the wife can apply for interim maintenance under Section 24 in these cases. It is common to see in many cases that the cases filed by the husband are delayed in the court, while paying special attention to the application for maintenance filed by the wife, the husband is ordered to pay maintenance allowance to his wife who is living separately. In such cases, the honorable courts do not even consider the husband’s income, whether he has money to support himself or not. The only order that is heard is that if the husband does not pay the expenses to his wife, then the case filed by him will be dismissed or sometimes the husband has to go to jail for not paying the expenses to his wife. While the law has given equal rights to both the husband and wife regarding the expenses, the decision is given only in favor of the wives. In many cases, it is also seen that despite the wife having a good source of income, the courts do not pay attention to the fact that the wife also has a good and good source of income, yet the courts ask the husband to pay the expenses. If a husband’s case for repatriation or divorce under Section 9 is dismissed by the lower courts and then the higher courts after waiting for almost two decades, and the husband is only given priority over the issue of paying maintenance to his wife and child or children, then the question arises as to where the husbands will get justice again…?
