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Writer's pictureAnupam Dubey

Half Law (Adha Kanoon)


Family word comes from Latin familia '. Family is a group of people related each other. By marriage or other relationship, or co-residence, may include spouses, parents, brothers, sisters, sons, and daughters. Members of the extended family may include grandparents, aunts, uncles, cousins, nephews, nieces. Sometimes these are also considered members of the immediate family, depending on an individual's specific relationship with them. In most societies, the family is the principal institution for the socialization of children. As the basic unit for raising children.

HALF LAW (Adha Kanoon)

Marriage is a institution and husband is the head of the institution. As any institution the final decision must be taken by the head of the institution, in family too the head of the family i.e. husband the head of the institution took the final decision and that must be taken into consideration and must be obey by all the family members because he (husband) is the person who is responsible and suffers all the consequences of the decision taken by him.

With noble intention the institution of family is born by performing a ritual of marriage. While performing marriage seven sacred vows of marriage are taken by both the adult (male & femaly).

For the First Vow, the Groom promises: “om esha ekapadi bhava iti prathaman” meaning ‘You will offer me food and be helpful in every way. I will cherish you and provide welfare and happiness for you and our children’. The bride complies in return:“dhanam dhanyam pade vadet”‘ I am responsible for the home and all household, food and finance responsibilities’. Concisely, the bride and groom promise each other prosperity by fulfilling their respective roles in their lives.

For the Second Vow the groom says: “om oorje jara dastayaha”, meaning ‘Together we will protect our house and children’. The Bride in return promises “kutumburn rakshayishyammi sa aravindharam”, which translates as ‘I will be by your side as your courage and strength. I will rejoice in your happiness. In return, you will love me solely’.

During the Third Vow, the Groom says, “om rayas santu joradastayaha” by which he means ‘May we grow wealthy and prosperous and strive for the education of our children and may our children live long.’ In return the Bride promises, “tava bhakti as vadedvachacha”, meaning ‘I will love you solely for the rest of my life, as you are my husband. Every other man in my life will be secondary. I vow to remain chaste’.

During the Fourth Vow, the Groom declares “om mavo bhavyas jaradastaya ha” by which he means ‘You have brought sacredness into my life, and have complegted me. May we be blessed with noble and obedient children’ In return for this promise, the Bride says ‘Lalayami cha pade vadet’, by which she means, ‘I will shower you with joy, from head to toes. I will strive to please you in every way I can.’

During Fifth Vow, the Groom says “om prajabhyaha santu jaradastayaha”, which means ‘You are my best friend, and staunchest well-wisher. You have come into my life, enriching it. God bless you’. To this the Bride says, “arte arba sapade vadet” or ‘I promise to love and cherish you for as long as I live, Your happiness is my happiness, and your sorrow is my sorrow. I will trust and honor you, and will strive to fulfill all your wishes’.

During Sixth Vow, the Groom asks, “Rutubhaya shat padi bhava” which means ‘Now that you have taken six steps with me, you have filled my heart with immense happiness. Will you do the kindness of filling my heart with happiness like this for all times ?’ to this the Bride replies “yajna hom shasthe vacho vadet” meaning ‘I will always be by your side’.

During Seventh Vow, the Groom says “Om sakhi Jaradstayahga”, by which be proclaims ‘We are now husband and wife, and are one. You are mine and I am yours for eternity.’ The Bride accepts this proclamation and says “Attrmshe sakshino vadet pade”. Which means ‘As Godis witness, I am now your wife. We will love, honor and cherish each other forever.’

The vows cover the generally accepted do’s and don’ts of successful married life. They promise to bear the responsibility of rearing a family together and do right by their children. Not just for the Hindus, during a vedic weeding ceremony, but in every other culture, wedding vows outline the same goals- lifelong commitment, devotion and mutual respect. Marriage is a bond that is everlasting and all these vows reinforce the couple’s intent to say together through thick and thin of life, till death separate them part.

The sole purpose of making law is to govern the society in proper way. The noble intention while making law especially for the family laws. In colloquial way people are talking that ANDHA KANOON, Laws are Bios and Bad Family Laws and One Sided Laws and so on. Up to some extent that’s true but I like to say that HALF LAW. Looking to the present scenario of the India the families and legal judiciary system, so many families are ruined, and the future of India (children’s future) looks so dark because the children who is developed without the love of both the parents that we can’t imagine. The reason behind this situation is HALF LAW.

While making law the law maker has amended them with a clear and noble intention, if you want to came back and re-union with the other spouse you may put the case of re-union (sec-9) if you what divorce then you put a file of divorce (sec 13 or sec 13-A) if there is a genuine Hinsa in your matrimonial home you may put a file of DVA and if the in laws, if a wife is not capable to earan and the husband is not giving money to the maintain the routine famly expances theh she purs the case of crpc125, if the in-laws demands dawry then you may put a file of 498-A too. But frankly speaking that the implementer at the root level if a wife wants divorce with a extra marital relation other then her husband practically speaking put a file of 498-A and gives the mental, physical retracement to the in-laws and her husband and gain her intention of divorce and also earns a huge amount of money from in-laws. And even practically speaking looking to the family courts in India wife putting a file of case towards her in-laws a multiple cases toward her husband and family members of her husband (DVA,Cr.Pc 125, 498-A, Sec-9 etc..) and at the result in current time almost at every 7 minutes one husband commits suicide due to these mis-use of the laws. The Law which is meant for protection of wife is in real sense money making business in India. Even solders, police men, Judges, Advocates, Govt.Officers and even a common man are committing suicide due to this misuse of the laws. Now a days the Family Courts are became a money making business and gives a herracement to the in-laws and her husband too to maintain her extra marital relations. Even so many crimes and murders happens by wives too.

Law makers has made the complete law but looking to the current situation that’s my observation the HALF LAW is being followed by judiciary itself. Dahej giving and taking both are crime but the punishment is to be given to husband and husband’s family members only. Even a husbands are arresting at even a critical situation and put him under the bars and family members are going to suffer somany problems due to NOBLE MARRIAGE (Pavitra Bandhan) The maintenance act clearly defines that if a husband is not giving recurring expence of house and a wife is not earning and not capable of earn then husband has to pay maintenance, but the family courts and other courts releasing orders of maintenance such a way that the husbands are committing suicides or put in the imprisonment. Is this the Marriage Act are meant for to maintain peace and harmony in the family in India ? The guidline of Supremen Court of India is not followed by High Courts of India and even guidelines of High Courts are not followed by lower courts and police officers too. What is the use that implementers are using the HALF LAWS. So that’s my observation is that HALF LAW is obeyed for the benefit of wife only and to maintain the recurring expence of the learned advocates of the family courts.

A grate responsibility of the legal judiciary system who is implementation the law and implementer while implementation one must strictly follow the law and not to punish the husband and his family members.

The media and the movie industry have great impact on the society of India. They are showing the one face of the women (WIFE) but the other side of the face (WIFE), the greed and money making business of the wife and in-laws are grown up very fast and taking lifes of the male citizen of the India. So I urges both of them, the media and movie makers show the other side face of Wife and save the life of the Indian Husbands. There are so many institutions working for these activity and Save Indian Family (SIF) has plays a grate role about last 10 years. My special regards to those who are working for these type of activity.

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