Is it misuse of Hindu Marriage Act by a cunning girl through love which happened in Gaya, Bihar ?
An ordinary girl of Gaya, Bihar entrapped a lawyer in love, got married to her, received his entire property as gift of love & ditched him later. That man has no penny now & is running to court. The lady is now saying that he got married to her by cheating. A man who was advising others legal points to earn his living is himself entrapped in Indian marriage law based jugglery so badly that he has nearly become mad(Apne hi jaal men phans gaye miyan mitthu). Does it show the loopholes of so called Hindu Marriage Act which is highly biased in favour of women & never a balanced act ? Shouldn't the law be modified ? Shouldn't such cheating ladies be punished under any law of land ? Does it show that lawyers too are great fools who generally fool clients ? Here an ordinary girl bluffed a lawyer of double age of her so trickily that his entire legal understanding & calibre has been proved to be nought. Shouldn't people take second opinion too in all legal matters compulsorily ?
Answer:
Several questions in one. Answers:
Caption:- Comment on sub-judice matter is improper
Other questions:
(1) HM Act is not biassed. There is no loophole therein.
(2)Modifications from time to time have taken place and the Law Commission looks into this, to whom suggestions if any, can be made.
(3)Nobody including a lawyer is intelligence incarnate,
(4)Lawyers don't fool clients. On matters of fact, the client's opinion is the lawyer's opinion. On matters of law only, the lawyer's skill is used.
(5)Even in a hopeless case, the client needs some relief, and the lawyer uses his skill, clearly telling the client that he can at best only buy time within which the client should get his act together, on his own and create circumstances conducive for settlement of disputes. In so buying time, for strategic reasons, the lawyer pleads the case forcefully, as if it is the strongest case, and the clients tends to fortify his belief that he can win, forgetting the starting point. If ultimately, the case is lost, the client often accuses the lawyer for 'having spoilt the case'. It is not a foolery practised by the lawyer on the client but the self-deception and conceit of the client.
(6)Marriage is primarily a social matter and secondarily a legal matter. Nobody marries with a "gone concern" approach (to borrow banking language) but with the firm belief in the system of matrimony as a "going concern". So none including a lawyer is expected to take "legal" precautions (whatever it means) before the marriage, with a cynical approach and a fear complex. After all can any matrimony be harmonious with one party in constant fear that the other may engage in tricks?
(7) A lawyer who pleads his own case has got a fool of a client- so goes a saying. As is self-medication, self-legal scrutiny of own affairs, is likely to have deleterious consequences. It is always salutary to have second opinion, on matters concerning oneself, in areas of own skill.
Finally, the issue highlighted is not one relating to marriage but one relating to property matters. The person concerned took a conscious decision to transfer properties belonging to him to his spouse. It was unqualified and unconditional. So, subsequent developments, altering the financial status of the transferor, are independent. The motivation behind transfer is also independent issue.
The remedy lies in conforming to the legal processes with the aid and advice of a competent lawyer at that place, in a damage control exercise.
I appreciate this girl who befooled a lawyer & feel sorry for the University that awarded such a fool degree of law if he actually has one, because what one see that getting a false degree of any profession specially in state of Bihar & Uttar Pradesh is very simple, just spend few currency notes & get one, its not like Delhi where one has to actually attend proper law classes in the University & get a degree after passing 30 papers. As far getting enrolled as an Advocate is concerned that can be done on the basis of the law degree & introduction by few number of advocates on the roll of the state bar council. Now whether this chap in question was really a qualified lawyer is a question of facts & I shall not comment on this. Now coming to the provision of Hindu Marriage Act,1955 are concerned there is no where laid down in it that after marriage under these provision any husband is supposed to transfer his whole property in favor of his wife but if this idiot did that on his own its his foolishness, the enactment never asked him to do so. Now after his transfer of his whole property in his wife's favor she has thrown him out is his bad luck or his own foolishness for which you are simply calling all lawyers as foolish which is absolutely wrong in the same way if few Muslim guys are caught in the terrorist activities the whole Muslim community is get blamed for this or is called terrorist community. As far taking second opinion in any matter is always advisable for all not only in legal profession even other profession, & keeping this in mind most of the people ask questions in such forums as this "FreeLawAnswer.com" just to clarify their doubts. I have been always saying that one should never personalize any thing when any wrong is committed by any one person of any community or profession as the wrong doer get punished for it but by blaming people connected with the community or profession you loose your respect in their mind.
Law is blind and so is the Hindu Marriage Act. The Court can only do the needful in this direction as the Govt. will never suo moto attend to amend the law.
For a change...dude...shouldn't there be an equal law for all the citizens of India...its 'secularists' like u who huff-n-puff about keeping their laws -- read Muslim or Christian laws separate.so unless n until ppl. like u n ur leaders change their attitude...I don't care about all this judicial reform...:(
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