Thursday 29 August 2013

What Diff between Vodafone Tax case Vs New Hindu Marriage Law ?

Vodafone win Case in Supreme Court , But what about 20Crs+ Indian Married Men?

Nearly five years after the Indian taxman issued the first notice to Vodafone international on September 2007 for failure to withhold tax on payments made to Hutchison Telecom, Chief Justice of India SH Kapadia and Justice KS Radhakrishnan pronounced their judgement.

(Click here to read the detailed Supreme Court order)

Vodafone had argued India doesn't have jurisdiction to tax the Hutchison deal because it was structured as a transaction between two overseas entities. The tax department had said it has authority because the underlying asset was Indian.


Vodafone wins $2 bn tax case in Supreme Court | Business Standard

 

Now after Lost the Case in Sc Government of India , The union budget presented amended the income tax act retrospectively from 1962, giving the taxman powers to scrutinise offshore merger and acquisition deals. Finance Minister Pranab Mukherjee later assured investors that deals more than six years old will not be reopened. This still leaves the sword hanging over the Vodafone case.
Now in case of Hindu Marriage Amended Bill, when many men married there was no Clause of 13F, special provision of Share in Property :

1. If wife file the Divorce after 3-years separation, husband can't oppose on ground Financials Hardship.
2. Without proving any Fault of Husband wife can Claim Share in Husbands ( before or after marriage hard earned)  Immovable+movable assets +Compensations , even court have to consider the Husbands Inherited & inheritable assets Value to order such compensations.
3. Husband is going to loose the Child as well as run behind the court next 10 to 20 years for 498A, DV act, CRPC125 etc.
4. Let wife had 100Crs Movable+movable assets ( some may you gifted her) along with her inherited or inheritable property in lacks , but husband will not have Rs.1 claim on that.

Now many men had not been engaged married to their present wife if such LAW had been in place when they got married.


RS approves Husband Killer Property Garbing LAW in name of Easy Divorce to Women.

D. Proposed Amendment: 13F and 28D:( Special provisions relating to disposal of property in proceedings under 13C)

Without prejudice to any customs or usage or any other law for the time being in force, the court may, at the time of passing of the degree under section 13C on a petition made by the wife, order that the husband shall give for her and children as defined in section 13E, such compensation which shall include a share in his share of the immovable property ( other than inherited or inheritable immovable property) and such amount by way of share in movable property, if any, towards the settlement of her claim, as the court may deem just and equitable, and while determining such compensation the court shall take into account the value of inherited or inheritable property of husband.

More than 20Crs+ men married under earlier Fault based divorce LAW which says if it is your fault you have to pay compensation to your wife, but if it is wife fault she is not entitle for any compensation.

But this 13C along with 13F take away that power form Indian husbands, let the fault lie in your wife, but it is you have to pay.
Now what option have for such more than 20crs+ men ? 
They got married under one LAW and suddenly one day Govt wake up and Say , Hey Men this is your New LAW of Hindu Marriage
.
Now you can't even fight in Court like Vodafone done , as SC will be hiding under article 15(3) and their repeated stand will be repeated, not interfere in Parliament LAW making process, let be against any Public interest or Country's Interest.
Amended to Income Tax LAW lead to loose confidence of many Company to invest in India, forget about FDI even more than 40% investment by Indian Company done outside India.
Let wait and see how this Hindu Marriage amended LAW change the total dimension of marriage system in India.
Many unmarried men may have option not to get married or marry outside India ( even to Nepal/Bangladesh/Srilanka/Thailand) , but what will happen to those already married in India like Vodafone invested their money in India without knowing that if Government loose Case in SC , they will amend the LAW itself to tie to pay for No Fault at your end.


Hence the sword hanging over the Hindu Married men the way the sword hanging over Vodafone in spite they win the case in SC.




Main objection to the Proposed “Marriage Laws (Amended) Bill,2010,

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