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“Family Harmony Society® organized a “OPEN COURT” to listen the cases of husbands
P R E S S R E L E A S E
An “Open Court” to listen the cases of husbands
“Family Harmony Society® organized a “OPEN COURT” at its weekly NGO meeting on Sunday (23rd May 2010) in Indira Nagar Park to listen the cases of harassed husbands at the hands of violent and aggressive wives.
About Family Harmony Society®: “Family Harmony Society®” FHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
“Stories of harassment and torture poured in at the “Open Court” organized to hear the painful and harrowing stories of husbands who claimed are victims of domestic violence at the hands of their arrogant and aggressive wives.” says president of FHS, P Suresh.
He further added that “Those days are gone when wives used to claim victims of domestic violence. Now the time has taken a full circle and the 21st century girl is modern, well educated, working, earning handsome salaries and rubbing shoulder to shoulder with male colleagues.”
M Mahesh who is General Secretary of the NGO and who also heard the cases says “The biggest problem in the society in Indian context is ‘Disintegration of families’ due to alarming rate of increase in divorce.”
He further adds that “A financially and socially independent women nowadays is not ready to accept IN-LAWS in the house and wants to have nuclear family with husband and children alone. This is breaking the century old Indian system of ‘Joint family’ which used to give security and safety to each member of the ‘joint family’ at any point of time in life”
P Suresh says “Today we received a case of a tailor, who earns a monthly salary of 4000/- per month by stitching old cloths and his wife has put a false case of dowry harassment and Domestic Violence. He was arrested and was in jail for 45 days. Also the wife is claiming a monthly of 8000/- rs. If the husband is sitting in jail then how can he earn and feed his family?” asks P Suresh”
“The tailor was in tears, shock and trauma but after meeting other victims and listing to their stories he became little composed as he realized he is not alone who has been falsely implicated by misusing dowry laws and domestic violence laws which were created by parliament with good intentions to help needy women”
Raghevendra Naik who is ‘Public Relation Officer’ of the NGO says that “Laws made by the parliament for the needy women are being heavily misused by the Greedy women and adds that is the reason 98% of the dowry cases filed by the women are proved false in the court of law as the petty matrimonial disputes are being converted into false criminal cases.”
Prasad who came from Mysore to attend the “Special hearing for husbands” says that “My wife was having an extra martial affair with her college mate and when I found she slapped a false dowry case on me. I am earning well and I have not taken a single paise from my in-laws but police won’t listen to me saying, We have to register the case as it is from a women else we will be in problem if your wife complains to higher officer”
With tears flowing down his cheeks Prasad further adds that “No one listen to us as we are husband and in this country it is assumed that only women can be victim of domestic violence. My life is spoiled and in the name of protecting women police has registered a case against my mother also. Is my mother not a Women? Does Women means only young and newly married wife?” He asks these questions and breaks down.
Shivalingaiyya who came all the way from hassan says that “I was looking for a suitable girl for me after I got separated from my first wife amicably and took mutual consent divorce. I came to know about this girl who was a widow. We had initial discussion when we came to know that she was the one who has killed her husband and she was in jail too. So I told them that I am not interested but to by utter shock on a fine morning that girl, her brother, parent and few more rowdies landed at my house early morning at 5 am and forced me to tie thaali around her neck and took pictures and then left”.
“Then after few days they filed a false case of dowry harassment against me. I am thankful to the police that they did honest investigation and gave a report to the court that I am innocent and have been falsely implicated in the case” added Shivalingaiyya who is still unable to come out of the shock and trauma.
P Suresh says that “Shivalingaiyya was probably lucky to get a favorable report from police who did free and fair investigation but that is not true in most of the cases. Police is under pressure from women organization and they do not want to be seen against women and that’s why in most of the cases they file ‘charge-sheet’ against husband and his family and wash their hand saying it is a family problem so go and fight in the court”.
M Mahesh says that “Almost all the High Courts and supreme court have acknowledged that Dowry laws are being heavily misused by women to settle score with the estranged family. Recently Union ministry of home affairs has issued a circular and guidelines to all the state governments to be very careful in registering the dowry cases as they are receiving large number of complaints regarding misuse of dowry and related laws”.
So what is way out? Should the women related laws be scrapped?
“No, there is no need to scrap these laws but there needs to be checks and balances to see that these laws are not misused to settle score with husband and his family. Also these laws should be made ‘gender neutral’ so that those husbands who are victim of domestic violence are also able to lodge complaint against errant wives”. Says P Suresh
He further adds that “Police, Judiciary, Lawyers, Society etc needs to be sensitized about the gravity of the issue. We need to keep in mind that on a false complaint of women, two more women (mother & sister) are arrested by the police. Also police should not use force and harsh language against husband and his family as this proves counter-productive in case the couple wants to stay together again.”
Helpline operated by FHS in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
You are also requested to visit…
Family Harmony Society® submitted memorandum to Principal Judge, Family Court, Bangalore
PRESS RELEASE
Subject: About 25 members of the NGO, “Family Harmony Society”, submitted memorandum to Principal Judge, Family Court, Bangalore, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR).
About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Issues faced by litigants in the Family Court Bangalore:
ü The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
ü The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.
ü Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.
ü In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.
ü Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents.
Demands of the Family Harmony Society:
ü The Family Courts shall ensure that all matrimonial cases be disposed within a period of one year.
ü The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
ü All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
ü Banning the presence & pleadings by Advocates in the family Court and Mediation.
ü The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.
ü The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
ü The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
ü The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
ü The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
ü We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
ü We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
ü The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
ü The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
ü The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
For more information please contact:
P Suresh, President, 9880141531 M Mahesh, General Secretary, 9845448472
Family Harmony Society Family Harmony Society
Family Harmony Society® has filed a Public Interest Litigation (PIL) in the honorable High Court of Karnataka
PRESS RELEASE
Subject: “Family Harmony Society” has filed a Public Interest Litigation (PIL) in the honorable High Court of Karnataka regarding heavy misuse of multiple provision of maintenance to estranged wives.
About Family Harmony Society: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Multiple provisions of maintenance: In case of a matrimonial dispute between husband and wife there are many provisions in law in the form of various Act, CrPC etc wherein an estranged wife can claim maintenance from her husband.
Reasons for filing PIL:
- “Multiple Maintenance” results in “Double jeopardy” which is barred in the Constitution of India.
- It results in harassment for the husbands who have to run from one court to another to stand trial which is against natural justice.
- It results in tremendous stress for the already overburdened judiciary.
- Double maintenance is against the natural justice, which is right of every citizen under Constitution of India.
- Even though there are arguments that the scopes of these different Acts are different but the relief and end result is same i.e. monetary relief or in other words maintenance.
- If at all estranged wife feels that the maintenance amount awarded is less she has always the option to approach higher court for revision, there is no need at all to rush to another court to file fresh petition.
- Laws passed by parliaments in these contexts are meant for the needy wife’s who are unable to maintain themselves. They are not intended for enrichments or for providing luxury by filing Multiple Maintenance.
- The issue raised is not against wife but a relief for husbands facing harassment and stress due to Multiple Maintenance.
- In case of matrimonial disputes typically there are many cases between them and most of them are initiated by wife against husband. If the Multiple Maintenance issue is abolished or simplified then it will give a bit of relief to husbands.
Survey conducted by “Family Harmony Society”: In order to analyze the magnitude of the problem of “Multiple Maintenance” we conducted an survey. The results of the survey are attached herewith.
Demands of “Family Harmony Society”
- Put an end to the bad practice of filing multiple maintenance cases by estranged wives by directing the lower courts to entertain only one petition of maintenance.
- Direct the Union of India to mandate Law commission or setup another commission to study how the maintenance laws can be simplified.
- We seek relief for the suffering husbands to seek appropriate directions and orders from this honourable court till such time parliament passes appropriate amendments to the existing laws.
To obtain a soft copy of the PIL and for more information please contact:
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
Family Harmony Society® supports Sunfeastworld10K Marathon
P R E S S R E L E A S E
Sunfeast WORLD 10K Family harmony Society
Our NGO supports Sunfeastworld10K Marathon to protest against Marathon delays in disposing matrimonial disputes like Divorce, Child custody in Family Court. We dedicate this marathon to the suffering Women and Men in Family Court, Bangalore due to severe delays in settling disputes.
About Family Harmony Society®: “Family Harmony Society®” FHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / www.498a.org.in.
Issues faced by litigants in the Family Court:
“It takes many years before a case is decided in the family court. The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust. The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.” Said President of Family Harmony Society, P Suresh
“Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts. In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.” Said General Secretary of Family Harmony Society, M Mahesh
“Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents.” Said Executive member of Family Harmony Society, Raghvendra Naik
Demands of the Family Harmony Society®:
“The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months. The Family Courts to officially suspend the vacation/summer holidays to the benches till the time limit of Six months is met.” Demands General Secretary of Family Harmony Society, M Mahesh. He further asks that “when the litigants are suffering so much then how can Court go on vacation leaving behind huge pile up of cases.”
“Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also. The Family Courts to officially state that no new cases to be taken till the old ones are disposed. All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.” is the demand made by President of Family Harmony Society, P Suresh
“Presence & pleadings by Advocates in the family Court and Mediation Centre should be banned. The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs 10, 000/= per case payable by the spouses equally.” Said Executive member of Family Harmony Society, Ritesh Saxena.
“The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays” Said Executive member of Family Harmony Society, Uday Reddy.
“The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse because when the husband and his family members are arrested and the dispute has reached to police station and courts then there is no logic is mediating the warring couple” Said Executive member of Family Harmony Society, Kiran
“The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard. The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.” Demands Executive member of Family Harmony Society, Umesh G
“The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.” Demands Executive member of Family Harmony Society, Vikas
“The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.” Said executive member of Family Harmony Society, Vinod
“The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. Spouses making false allegations are to be punished.” Said executive member of Family Harmony Society, Prasad
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
&
Family Harmony Society® submitted MEMO to the Honorable Chief Justice of Karnataka
P R E S S R E L E A S E
Family Harmony Society® submitted MEMO to the Honorable Chief Justice of Karnataka to suspend summer vacation in the family courts due to huge pendency and backlog of cases.
About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Demands of the Family Harmony Society® in the MEMO:
Suspension of Summer Vacation in Family Courts till Disposal of all long pending Cases (More than 3 year)
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
- The Family Courts to officially suspend the summer vacation to the benches till the time limit of Six months is met.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
- Induct more judges and extend the court timings to late evenings and over Sundays also.
Automatic Divorce in case of IPC 498A or Domestic Violence case:
The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case or a Domestic Violence case, automatic divorce to be granted on application for divorce by either of the spouse.
Inordinate delays in the Family courts: We are constrained to bring to CJ’s notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
The Memo also listed some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
Helpline operated by FHS in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
Family Harmony Society® conducts seminar regarding “How the Gender biased laws in INDIA are breaking families”
P R E S S R E L E A S E
International Day of Families – 15 May, 2010
How the Gender biased laws in INDIA are breaking families
About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
On the occasion of International Day of Families – 15 May, 2010, Family Harmony Society® held Seminar at its weekly meeting at Indira Nagar, Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.
The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. As a result, the big fat Indian weddings are getting bigger while marriages are getting weaker and shorter. Houses are getting bigger while the hearts are shrinking and the Indian household is shattering into pieces.
Sadly, the United Nations, while observing a special day to highlight the importance of families, is simultaneously contributing to the destruction of the family in many countries around the world, including India, by sponsoring policies and laws which are harmful to the Family.
Criminalization of marriage and family relationships
Several decades ago, under the garb of equality, the communists and feminists the world over have undertaken the systematic destruction of the Family. They have portrayed marriage and family as oppressive institutions for women. They have projected understanding and tolerance to build harmonious marital relationships as a form of slavery. They have portrayed men as criminals and aggressors, and women and children as hapless victims who need to be rescued from them. They have pushed for importing of senseless anti-family laws to India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.
Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.
In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.
New weapons of family destruction or more lethal versions of existing ones are always on the anvil, thanks to anti-male, anti-family organizations, and one is never sure when and how they will strike another death blow on the family.
Legal Sanction of homosexual relationships, live-in-relationships, pre- and extra-marital relationships
After creating various fetters to discourage heterosexual marriage and normal family relationships, there is an upcoming trend of granting legal sanction to hitherto unacceptable homosexual relationships, live-in-relationships, pre- and extra-marital relationships through outrageous remarks and judgments by the judiciary, and even laws made by our elected representatives.
Sexual Freedom i.e. an individual’s right to have unrestrained sex with anyone appears to be the basis for women’s rights. The National Commission for Women (NCW) encourages adultery by women by seeking legal measures for an adulterous wife to claim maintenance from her husband. In other words, a husband is obliged to maintain a woman who is sleeping with someone else! Also, adultery by a man is a criminal offence, but adultery by a woman is, at best, equivalent to a woman’s sexual expression and liberation, and at worst, a civil wrong.
While the NCW is spearheading a sexual revolution, ultra-liberal celebrities like Khushboo are encouraging women to abandon the ideals of premarital virginity and marital fidelity as vestiges of worthless Indian morality. According to them, promiscuous sex should be seen as a morally indifferent and innocuous source of pleasure. How innocuous this source of pleasure can be is indicated by the rates of teenage pregnancies, sexually transmitted diseases, abortion and foeticide, illegitimacy, and adolescent crime in the Western countries.
American author and judge, Richard Posner, aptly notes in his book Sex and Reason, the “freer women are sexually, the less interest men have in marriage.” With demands for maintenance to an adulterous wife, one should not be surprised, if, in a few years, Indian men, on a large scale, will shun marriage like their Western counterparts, as marriage is not a necessary ticket to a woman’s bedroom. NCW seems to want to transform women into easily disposable sex objects so that there are more and more abandoned, destitute, frustrated, angry women, who hate themselves and men, and NCW’s survival is guaranteed for many more generations.
Promoting a fatherless society
Enjoying the love and affection of both parents is not only a basic right of children, but it is also important for a child’s normal development. Disregarding children’s welfare and best interest of children, anti-family laws have been designed to violate a child’s right to the love and affection of both parents.
Statistics from the United States reveal that, compared to children in intact families, children in fatherless homes are:
- 5 times more likely to commit suicide
- 32 times more likely to run away from home.
- 20 times more likely to have behavioral disorders
- 14 times more likely to commit rape.
- 9 times more likely to drop out of high school.
- 10 times more likely to abuse chemical substances (become drug addicts)
- 9 times more likely to end up in a state-operated institution
- 20 times more likely to end up in prison.
In addition, 3 million teenage girls have sexually transmitted diseases, and at least 1 out of 4 teenagers in the age bracket 14-19 suffers sexually transmitted diseases.
While there is ample evidence to show that children need both parents, Indian “family laws” have stolen the right of a father to love and care for his children, but impose unlimited financial responsibilities on the father. Giving unfettered right of access to children to the mother and little or no visitation to the father is the order of the day. Custody laws allow for passing of ex-parte orders to take away the custody of a child from the father on the sole basis of the self-serving affidavits of a complainant woman. In fact, false allegations of abuse are made and cases filed under IPC Section 498a and Domestic Violence Act as a means to strategically eliminate fathers from children’s lives.
The few fathers who succeed in getting visitation orders are left with just the paper orders which even the courts which passed them are unable to uphold if disobeyed by the mother. Fathers who try to make contact with their own children are labelled kidnappers and are constantly under the fear of being arrested unless they give up their desire to see their children.
Why this trend continues and who benefits?
The realization of the communist’s and feminist’s dream of female sexual revolution, responsibility- free relationships, and fatherless homes comes with a huge price tag, which includes the destruction of marriage and the family, increase in the number of illegitimate children, legitimate but fatherless children, juvenile and adolescent crime, unwanted pregnancies, abortion, and numerous abandoned and frustrated women. There is also an increase in the number of men committing suicide or murdered by abusive or adulterous spouses.
These dangerous trends continue because most common men are unaware of what is brewing in the name of women’s rights and empowerment. Many of those who are aware think, “I am a good person, and those who are complaining must have done something to deserve the suffering”. Most others think this hue and cry about destruction of the family is a joke. It is certainly no joke, and the thousands of men who have been jailed along with their families, rendered homeless and deprived of their children will tell you why. If not, you can be sure that before you realize it, your own family or a family you know could fall prey to the vicious agenda of radical ideologues.
These harmful trends prevail because people are ignoring the fact that marriage and monogamy are a result of social evolution with inherent benefits and costs to both sexes, involving a lot of compromises and adjustment. Many do not understand that partner violence is a reality but it happens because of three reasons (1) Psychological problems (2) Addictions and (3) Criminal tendencies. Many do not realize that majority of partner violence occurs due to the first two reasons, that violence due to criminal tendencies is very rare, and most importantly, that partner violence is not gender-driven.
Meanwhile, everyday, scores of marital discords are being escalated into criminal cases and legal battles. They give a sense of instant gratification, revenge or a false feeling of control to a disgruntled woman and her family, but in reality, the only people who benefit from this are middlemen – women’s organizations, police, lawyers, judicial officers and court staff – who are eagerly scavenging to get rich at the expense of the decaying family system, not realizing its consequences to their own families and the future generations.
The way ahead
The Universal Declaration of Human Rights states, “the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State.” It also states, “men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution. “
The import of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-family laws as a major factor contributing to the increasing abuse of the elderly in India. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. Many young men have lost the most productive years of their lives fighting false allegations of abuse. There are also an increasing number of unhappy single women and mothers, as the one and only institution that had served as the source of constant support and protection for the woman is now under severe threat.
Unless all responsible citizens rise up against the tyranny of anti-family laws and the system that implements them, there is no hope of survival for the Indian Family.
Resolution by Family Harmony Society…
On the occasion of International Day of Families, Family Harmony Society will be passing a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws.
A Joint Action Committee will be formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.
Appeal to the Government
We appeal to the Government, media and society to play a positive role in strengthening the institution of Family instead of precipitating its destruction. The Government of India should NOT allow radical, anti-family organizations or individuals to take part in making or amending laws. The media should stop sensationalizing family disputes and spreading half-truths either in the name of news or entertainment. Every member of the society should understand that the Family is our only system of social security, and must reject laws, policies and activities which harm our families.
Helpline operated by FHS in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
“Family Harmony Society®” submits Comments/Suggestions on DV Act to “Committee on Subordinate Legislation”
PRESS RELEASE
Subject: “Committee on Subordinate Legislation” has invited Comments/Suggestions on “Protection of women from domestic violence rules, 2006 (Bill No.: G.S.R. 644(E))” from individuals/organizations/institutions/experts on the working and efficacy of the said Rules. “Family Harmony Society” has submitted its written Comments/Suggestions on the above mentioned subject to the committee. We have also asked for oral pleadings in front of the committee members headed by senior MP Smt Najma Heptullah.
About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization [NGO] promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. “Family Harmony Society”, a men’s rights organization, creating awareness about the “Legal Terrorism” spread by misuse of marital laws like Section 498(A), Domestic Violence Act, etc.
Main highlights of our Comments/Suggestions submitted to the committee: In order to alleviate the sufferings of the victims of the misuse of the PWDVA, we have submitted following list of proposals and suggestions for the kind consideration of the said committee.
- 1. Remove the word, “Women” from the name:
“The Protection of women from domestic violence Act” and the Protection of women from domestic violence rules, were framed and legislated based on a myth and assumption that only women under go domestic violence. The parliament has not considered the fact MEN are equally vulnerable to domestic violence in the hands of a female or another male. Numerous incidents of domestic violence on males covered by press & media, clearly showing the evidence of violence on males, have been ignored by the parliament. We strongly request to make the said Act and the Rules “gender-neutral” by providing protection to MEN as well.
- 2. Provide protection to children/Senior citizens:
Anybody can be a victim of Domestic violence, including children, infants, teenagers and senior citizens. They can become victim in the hands of their own blood relatives including the mothers of the children and the sons & daughters-in-law of the aged parents. Senior citizens are mostly abused by the daughters-in-law more so by the misuse of these women-biased laws. Therefore, we sincerely request to increase the scope of the said Act and the Rules beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.
- 3. Include punishment clause in case of misuse:
The Protection of women from domestic violence Act is one of the most misused laws in our country apart from IPC 498[A]. This law is being misused by many of the young, educated & intelligent women with corrupt intentions to satisfy their greed, grudge & fantasies. The misuse of the Protection of women from domestic violence Act is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse of this Act. There is an urgent need to introduce a punishment clause in the Protection of women from domestic violence Rules.
- 4. Remove live-in relationships out of the context of the Rules:
Live-in relationships are like organized prostitution. If we don’t discourage live-in relationships then we will end up promoting polygamy which is not permitted as per law. There are no rules defined under Live-in relationships. This is nothing but a different concept of prostitution and nothing but polygamy. The committee needs to look into this issue and ensure that the Protection of women from domestic violence rules does not cover live-in relationships.
- 5. Automatic Divorce decree should be passed on moving an application by the respondent husband:
On mere application of common sense one can conclude that a woman who is claiming domestic violence by her husband cannot be presumed to live with him any longer. More so when she is claiming for the reliefs of Protection, Residence, Maintenance orders as per the existing Protection of women from domestic violence rules. When a woman comes forward, complains and claims for these reliefs, then that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again. In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court.
- 6. Remove protection officer:
The Protection officer’s role is to only record the Domestic Incident report without any verification or collection of proof. Often this is done after filing the application to the Magistrate and only for the sake of process, nothing more than that. The officer will not have any role in investigating the alleged domestic violence, it is only limited to writing down the false statements and filling the report as per the wishes of the wife’s advocate. It is mostly noted that the job of the PO is just to tick mark most of the rows in the DIR on the insistence of the wife. The role of a Protection officer is absolutely unnecessary and should be removed.
- 7. Remove sole testimony:
Because of the rampant misuse of the Protection of women from domestic violence Act the sole testimony of the woman cannot be taken as a sole witness or as occurrence of violence. Even the Honorable Supreme Court of India in 14Feburary2010 observed that “in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.” The trial under this Act should be made in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.
- 8. Interim Orders:
We object to the delay on the main case proceedings due to the delay on passing of orders on the interim applications. Normally it is seen that there is a delay in passing of interim orders and on this ground the considerable delay on the main case. Even though the “Rules” stipulates that preferably the case should be heard and decided within 60 days but this provision is hardly followed by any court. The magistrates shall ensure that interim orders are passed at the earliest and at the discretion of the officers and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
- 9. Perjury:
We object that due to various loopholes in the “Act & the Rules” the spouse are trading wild and false allegations at each other. As there is no provision of punishment in the “Act & the Rules” hence there is no fear in the mind of the litigants and they are indulging in leveling baseless and wild allegations against each other. This is deplorable and results in considerable delay of the proceedings. The magistrates shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of domestic violence, cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
- 10. Enforce strict adherence to section 6 – Application to magistrate:
If a defined rule is not followed then that leaves a chance for misuse. This rule has defined a very neat application form to be addressed to the Magistrate. As per this rule the complainant woman is supposed to fill-in the details of the breakup of the monetary reliefs that she is claiming <<Please refer page.67 in the rules PDF file under the heading – “Monetary reliefs under section 20″>>. But the complainant women do not follow this rule. This leads to claiming of exorbitant amounts of maintenance to the tune of lakhs of rupees. Claiming exorbitant amounts of maintenance is nothing but misusing the provision which is meant to protect women. It is impossible to believe that with the current economic conditions prevailing in our country that a woman would need lakhs of rupees of money for basic necessities like food, cloth, and medicines. We have seen cases where the maintenance amounts have been claimed in the range of 25,000/-, 50,000/- to 200,000/- per month. Maintenance includes only the basic necessities i.e., food, cloth, medicines & shelter. In any city in our country these basic necessities will not cost thousands & lakhs of rupees per month. The magistrates are supposed to pass orders ONLY for these basic necessities and other house hold expenses which should never run into thousands of rupees as claimed in some cases. The Act itself mandates that the maintenance amounts should be fair, just & reasonable. But this is hardly followed. We therefore pray for strict adherence to this rule, else the application should be rejected if there is not breakup given for the monetary relief claimed.
- 11. Enforce camera recording of the counseling under section 14 – Counselors:
We strongly deplore to the use of the said “Act” being used as a blackmail tool. The said “Act” must be used for the needy women rather being misused by greedy women. In traditional cases of misuse, women will insist on registering the case & punishing the accused/respondent during counseling/mediation. But later they deny that they did not insist on registering the case or that they registered in a fit of rage. In order to stop this particular misuse of this Act as a black mailing tool, we propose to do camera recording of the counseling/mediation done by the counselors if the accused/respondents wishes so.
- 12. Enforce mandatory accommodation in shelter homes under section 16 – Shelter Homes:
Shelter homes must be provided for the affected victims. When a woman undergoes domestic violence it may not be possible for her to continue to live with the accused/respondent. So, in order to protect these women, the women should be mandatorily accommodated in Govt. sponsored Shelter Homes. The cost for the accommodation may be put on the accused/respondents. The cost will be for her maintenance as per the prevailing rates as declared by the Government.
For more information please contact:
P Suresh, President, 9880141531 M Mahesh, General Secretary, 9845448472
Family Harmony Society Family Harmony Society
“Family Harmony Society®”, submitted a petition to Honorable Governor, Karnataka
P R E S S R E L E A S E
Subject: Members of the NGO, “Family Harmony Society®”, have today submitted a petition to Honorable Governor, Karnataka, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR) and other cases relate to Family Court, Bangalore.
About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Issues faced by litigants in the Family Court Bangalore:
ü It takes many years before a case is decided in the family court.
ü The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
ü The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.
ü Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.
ü In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.
ü Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents.
Demands of the Family Harmony Society®:
ü The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months.
ü The Family Courts to officially suspend the vacation/summer hoildays to the benches till the time limit of Six months is met.
ü Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also.
ü The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
ü All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
ü Banning the presence & pleadings by Advocates in the family Court and Mediation.
ü The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs 10, 000/= per case payable by the spouses equally.
ü The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
ü The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
ü The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
ü The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
ü We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
ü We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
ü The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
ü The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
ü The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. Spouses making false allegations are to be punished.
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
Indian Husbands are treated worst than “Ajmal Amir Kasab”,
P R E S S R E L E A S E
Subject: Indian Husbands charged with biased matrimonial laws, made to deal with family disputes, between husband and wife, such as IPC 498A, CrPC 125, Domestic violence Act, Hindu Marriage Act etc, are treated worst than “Ajmal Amir Kasab”, Pakistani terrorist, who is charged with the deaths of 166 Indians and foreigners, has been pronounced guilty of all charges by a special court in Mumbai.
About Family Harmony Society: “Family Harmony Society” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Why only MEN and Husbands?: Let us clarify that we are not against Women. Many people ask FHS activists why this NGO was formed and what is unique about you? “This NGO was formed in 2005 in Bangalore and is having presence in 16 states and in abroad too. We formed this NGO to protect and fight for the rights of the MEN. Everyone is concerned only about the rights of women but the society and Governments has forgotten about MEN’s right” says FHS activists?
“When there is a ministry for even animal (Animal Husbandry Ministry) why not for MEN?” asks FHS activists and demands a ‘MEN’s welfare ministry’.
“In case of matrimonial disputes between husband and wife all the related laws are made heavily in favor of estranged wife, giving no chance to husbands or his parents to defend. Why husbands are treated worst than criminals and terrorist?” asks FHS activists?
“Ajmal Amir Kasab was provided with free Government advocate and even though everyone knew he is guilty, enormous amount of resource of Government and Judiciary was wasted for his trial, but in case of matrimonial disputes when an estranged wife file a false complaint under IPC 498A, all the members of the husbands including females members like mother-in-law, sister-in-law and age old grandfather, grandmother are immediately arrested and sent to jail. Even minor children are not spared. What crime we have done? Are we worst than Ajmal Amir Kasab that without proving any charges we are arrested and sent to jail? Why each and every failed marriage is branded as Dowry case? Why each and every wife’s death is converted to dowry death case without an iota of proof and evidence” FHS activists had asked these uncomfortable questions to the Government?
- Between 1995 to 2008, total of 2481660 males were arrested by police for all cognizable offence and the corresponding figure for male in 2008 was 2713971 which on sequential base is an increase of 9.36%. In 1995, total of 106079 females were arrested by police for all cognizable offence and the corresponding figure for female in 2008 was 168315 which on sequential base is an increase of 58.67%. “So it is clear that Women criminals are on rise but in our country MEN are considered worst than terrorist. Why this discrimination?” Asks FHS activists.
- An analysis of the data released by National Crime Records Bureau – www.ncrb.nic.in, between 1995 to 2008, shows that the suicide rate of MEN is increasing at an alarming rate compared to Women and most of it is attributed to “family problems”. “So government data itself shows that MEN are overburdened with responsibilities and Women are asking for equal rights but are not ready to share equal responsibilities. Why this third rate treatment to MEN?” asks FHS activists?
NCRB suicide data shows one married man commits suicide every 9 min
| Year | Male | Female | Total |
| 1996 | 51206 | 37035 | 88241 |
| 1997 | 56281 | 39548 | 95829 |
| 1998 | 61686 | 43027 | 104713 |
| 1999 | 65488 | 45099 | 110587 |
| 2000 | 66032 | 42561 | 108593 |
| 2001 | 66314 | 42192 | 108506 |
| 2002 | 69332 | 41085 | 110417 |
| 2003 | 70221 | 40630 | 110851 |
| 2004 | 72651 | 41046 | 113697 |
| 2005 | 72916 | 40998 | 113914 |
| 2006 | 75702 | 42410 | 118112 |
| 2007 | 79295 | 43342 | 122637 |
| 2008 | 80544 | 44473 | 125017 |
| Total | 887668 | 543446 | 1431114 |
NCRB suicide data: Who needs protection? MEN or Women?
Demand of Family Harmony Society…
- Fight for gender equality.
- Make all family related laws gender equality.
- A ministry for “MEN welfare”
- Make a provision for Men to complaint for domestic violence.
- To bring 498a under civil law.
- To make 498a bailable.
- No arrest before proper investigation.
- No arrest before the written approval of an officer not below the rank of ACP in case of 498a & Dowry Death.
- No arrests of age old parent and children.
- Dispose Divorce and child custody cases within 1 years.
- Abolish same relief under different act. E.g. a woman can seek maintenance under DV Act, Crpc 125 and HMA (Hindu Marriage Act).
Helpline operated by FHS for MEN in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
Online survey results regarding heavy misuse of Domestic Violence Act
PRESS RELEASE
Subject: “Family Harmony Society” has conducted an online survey through its website www.498a.org.in and www.family-harmony.org regarding heavy misuse of Domestic Violence Act. The survey was conducted over a period from 23-feb-2010 to 01-April-2010. The results of the survey are published herewith. These survey results are also being submitted to Shri Mahesh Tiwari, Jt. Dir., Rajya Sabha Secretariat, for consideration of the Committee on Subordinate Legislation who have invited views of various NGO’s in regard to Domestic Violence Act.
About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Reasons for conducting the survey:
ü To demonstrate heavy misuse of the “Domestic Violence Act” by greedy women.
ü To find out the reasons and motive for heavy misuse.
ü To demonstrate that “Domestic Violence Act” has only been enacted by parliament for “young married women” whereas all other women such as sisters and mothers of the husbands have been completely ignored.
ü To find out the opinion of the husbands towards judiciary.
ü To find out the extent of misuse by women.
ü To find out the reasons of wife putting wild and imaginary allegations against husband.
ü To find out the age, qualification of the majority of husbands.
ü To find out other details such as number of children out of the marriage.
Main highlights of the survey:
ü Majority of the husbands are in the age group of 25-34 years. It clearly shows that “Domestic Violence Act” is being used as a tool to harass the husbands in a failed marriage.
ü Majority of the husbands have completed post graduation. It is far from true that highly educated persons will engage in wife beating.
ü Majority of the people have at least one child born out of the marriage.
ü The majority of allegations against husband are “Dowry Harassment”. When already IPC 498(A) is available for the wife to use in case of cruelty even then wives are filing another case of “Domestic Violence Act” with an intention to harass husbands.
ü Majority of reasons why wives are putting false allegations against husband are:
- She wants her husband to throw/cut off relations with his parents/family
- She listens to and acts in accordance with her parents’ wishes at all times
- She does not wish to adjust with the husband’s family or take on any domestic responsibilities
- Her father/brother is hen-pecked and her mother dominates her family
- She lacks discretion in dealing with her married life
- She blackmails & intimidates her husband, his parents & siblings to fulfill unreasonable demands
- She opposes every word of her husband, his parents, siblings, etc.
- She is possessive and suspicious & is control freak
- She/Her family has some political connections and threatens
- She is used to living beyond her means
- She is suffering from pre-existing mental/medical Problems
- She had a relationship prior to her marriage and is still maintaining it
- She has lied about her educational level and has been caught
ü Exparte orders are being passed against husbands even without their knowledge.
ü In response to a question asking suggestion to improving the Domestic Violence Act, following are the response.
- Introduce punishment clause for misuse of DV Act.
- Introduce stringent time limits for disposition of case under DV Act.
- Make DV Act gender neutral so that husbands, senior citizens also can make a complaint in case of Domestic Violence against them..
- Multiple proceedings against husbands in various courts should be clubbed so as to save husbands from attending multiple court dates for the same allegations in all similar cases.
ü In response to a question whether Domestic Violence Act is being misused, an overwhelming 162 people told that the Act is heavily misused.
ü An overwhelming 133 people told that the Act is not needed at all when already provisions of IPC 498(A), CrPC 125, HMA and other reliefs are available to estranged wives.
ü Majority of people also told that courts in general takes a sympathetic view of women even if they at fault.
ü Majority of people also told that while passing maintenance, courts are considering salary of the husbands rather than deciding the case on merits.
ü An overwhelming majority of people told that courts are passing orders on emotions rather than deciding cases based on law.
For more information please contact:
P Suresh, President, M Mahesh, General Secretary,
9880141531 9845448472 Family Harmony Society Family Harmony Society
Announcing the Candle Light Protest organized by Family Harmony Society
PRESS RELEASE
Subject: Announcing the Candle Light Protest organized by Family Harmony Society – a NGO registered under “The Karnataka Societies Registration Act, 1960”, to promote “family harmony” and “gender equality”, head quartered in Bangalore. FHS is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”.
Candle Light Protest: “Family Harmony Society” has organized a “Candle Light Protest” at Mahatma Gandhi Statue on 14Feb2010 between 17.30 hrs to 19.00 hrs to protest injustice happening to Husbands due to heavy misuse of Gender bias laws such as 498a, Domestic violence act, CRPC 125 etc. Official statistics obtained by our NGO from Government shows that the conviction rate in case of 498a is less than 1% which clearly shows that these laws are being heavily misused by estranged wife to harass husband and his family members. The extent of misuse is so much that even the Supreme Court of India in “Sushil Kumar Sharma Vs. Union of India (UOI) and Ors” case on Jul 19 2005 held that…
“The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what REMEDIAL MEASURES can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”
Objective and demand of Candle Light Protest:
- Make matrimonial laws “Gender Neutral”
- Introduce punishment clause for those misusing “Matrimonial laws”
- Make 498a Bailable
- No maintenance to educated, working and able bodied “Estranged wife”
- Scrap “Multiple provisions of maintenance” such as DV act, CrPC 125, HMA24, HMA25 , Hindu adoption and maintenance act and simply it.
- No arrest in 498a without proper investigation and evidence
For more information please contact:
P Suresh, President – 9880141531 M Mahesh, General Secretary – 9845448472
Announcing the launch of Family Harmony Society
PRESS RELEASE
Subject: Announcing the launch of Family Harmony Society – a NGO registered under “The Karnataka Societies Registration Act, 1960”, to promote “family harmony” and “gender equality”, head quartered in Bangalore.
About FHS:
FHS is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”.
Misuse of Gender Biased laws & official statistics:
ü Most of the laws wrt the matrimonial disputes are “Gender Biased” and they are heavily misused to take revenge with husband and his families.
ü Our NGO collected data from Bangalore police through RTI and found that conviction rate in 498a is less than 1%.
ü Official data from NCRB says that between 2005-2007, number of males who committed suicide is 1,65,528 whereas number of females who committed suicide is 88,121
Aims, Objectives & Demand:
ü To promote family harmony in the society.
ü To create awareness for the gender equal society.
ü To create awareness in the government, police, judiciary that gender biased laws are highly misused and abused.
ü Rationalize the alimony and maintenance laws.
ü Punishment for those misusing the laws made for need y.
ü To bring IPC 498a under civil law and make it bailable and compoundable.
ü No arrest in case of these gender biased laws without the written permission of the police officer of the rank of ACP/DCP/SP.
ü No arrest in case of these gender biased laws without proper investigation and evidence.
ü No arrest of women, children and elderly people.
ü Abolish same relief under different act. E.g. a woman can seek maintenance under DV Act, Crpc 125 and HMA (Hindu Marriage Act).
Activities of FHS:
ü To conduct seminars and press conference etc for awareness.
ü Help victim of Gender biased laws by establishing helpline in different cities.
ü Write petitions to the Government that these laws are highly biased towards women and highly misused.
ü Obtain officially data from Government and study to expose the lies of National Commission of Women (NCW) that it is always women who needs protection.
ü File Public Interest Litigation (PIL) in Supreme court/High Court to get appropriate relief for the suffering husbands.
ü To conduct studies for the issues such as violence against men, effect of misuse of gender biased laws on society and make these laws gender neutral.
ü Collect data through RTI (Right to information Act) regarding misuse of the gender biased laws.
ü To create awareness in the government, police, judiciary that whereas there are multiple forums and Act’s for the women to seek help and relief but no forum for men to seek help in case of distress due to gender biased laws.
ü To establish helpline for the victims of women biased laws in case of distress in different cities.
ü Conduct weekly meeting of the victims of gender biased laws for help, advice and counseling
ü Organize Dharna, Seminar & protest etc in partnership with organization with similar aims and objectives.
ü To help victims of gender biased laws such as IPC 498a, IPC 304B, Crpc125, Domestic violence Act etc.
Current & planned activities:
ü We are in the process of collecting data for a PIL to be filed in High Court of Karnataka regarding the issue of misuse of Multiple Maintenance claims.
ü We have organized a “Candle Light Protest” at Mahatma Gandhi Statue on 14Feb2010 to protest injustice happening to Husbands due to “Multiple Maintenance” and “Heavy Maintenance” even to wives who are “Highly qualified” and are earning.
ü We conduct regular weekly meetings on Sunday at Indira Nagar park and offer free advice and counseling’s.
For more information please contact:
P Suresh, President M Mahesh, General Secretary
Family Harmony Society Family Harmony Society
+91-9880141531 +91-9845448472
How the Gender biased laws in INDIA are breaking families
http://www.theindiapost.com/2010/05/30/how-the-gender-biased-laws-in-india-are-breaking-families/
How the Gender biased laws in INDIA are breaking families
By Suresh P , 29May2010, Bangalore : A NGO, called Family Harmony Society held Seminar on 14-May-2010 on the eve of International Families Day in Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.
“Family Harmony Society” – FHS – http://www.498a.org.in is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples.
Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.
In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.
On the occasion of International Day of Families, Family Harmony Society passed a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws. A Joint Action Committee is formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.
International Day of Families to be observed on May 15
After creating various fetters to discourage heterosexual marriage and normal family relationships, there is an upcoming trend of granting legal sanction to hitherto unacceptable homosexual relationships, live-in-relationships, pre and extra-marital relationships through outrageous remarks and judgments by the judiciary and even laws made by our elected representatives.
• 32 times more likely to run away from home.
• 20 times more likely to have behavioral disorders
• 14 times more likely to commit rape.
• 9 times more likely to drop out of high school.
• 10 times more likely to abuse chemical substances (become drug addicts)
• 9 times more likely to end up in a state-operated institution
• 20 times more likely to end up in prison.
Gender biased laws in India are breaking families
http://www.merinews.com/article/gender-biased-laws-in-india-are-breaking-families/15817979.shtml
Family Harmony Society (FHS) is a non governmental organisation (NGO) promoting the cause of family harmony and gender equality. It is registered under ‘The Karnataka Societies Registration Act, 1960’ and is based in Bangalore.
The United Nations adopted ‘May 15’ as the International Day of Families in the year 1994. This day is meant to highlight the importance of the family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolises the fact that families are the centre and the heart of the society, and the society should nurture the family which provides a stable and supporting home for people of all ages.
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimise conflicts between inexperienced married couples.
Today, marital interactions in India have been criminalised, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.
In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that doesn’t qualify as an offence and cost not only him, but even his parents and siblings dearly. Indian Penal Code Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the ‘Family Law’, are all designed to criminalise an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting and that IPC Section 498A has unleashed ‘legal terrorism’ in the country.
On the occasion of International Day of Families, Family Harmony Society passed a resolution to restore fairness in the family laws and their implementation and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws. A Joint Action Committee is formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.
Indian Husbands are treated worst than “Ajmal Amir Kasab”
Indian Husbands are treated worst than “Ajmal Amir Kasab”
By Suresh P , 28May2010, Bangalore : A NGO FHS said that, Indian Husbands charged with biased matrimonial laws, made to deal with family disputes, between husband and wife, such as IPC 498A, CrPC 125, Domestic violence Act, Hindu Marriage Act etc, are treated worst than “Ajmal Amir Kasab”, Pakistani terrorist, who is charged with the deaths of 166 Indians and foreigners, has been pronounced guilty of all charges by a special court in Mumbai.
“Family Harmony Society” – FHS – http://www.498a.org.in is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Many people ask FHS activists why this NGO was formed and what is unique about you? “This NGO was formed in 2005 in Bangalore and is having presence in 16 states and in abroad too. We formed this NGO to protect and fight for the rights of the MEN. Everyone is concerned only about the rights of women but the society and Governments has forgotten about MEN’s right” Said Suresh P, who is President of the NGO.
“When there is a ministry for even animal (Animal Husbandry Ministry) why not for MEN?” asks FHS General Secretary M Mahesh and demands a ‘MEN’s welfare ministry’.
“In case of matrimonial disputes between husband and wife, all the related laws are made heavily in favor of estranged wife, giving no chance to husbands or his parents to defend. Why husbands are treated worst than criminals and terrorist?” asked PRO of FHS Raghvendra.
“Ajmal Amir Kasab was provided with free Government advocate and even though everyone knew he is guilty, enormous amount of resource of Government and Judiciary was wasted for his trial, but in case of matrimonial disputes when an estranged wife file a false complaint under IPC 498A, all the members of the husbands including females members like mother-in-law, sister-in-law and age old grandfather, grandmother are immediately arrested and sent to jail. Even minor children are not spared. What crime we have done? Are we worst than Ajmal Amir Kasab that without proving any charges we are arrested and sent to jail? Why each and every failed marriage is branded as Dowry case? Why each and every wife’s death is converted to dowry death case without an iota of proof and evidence” FHS activists Umesh G, has asked these uncomfortable questions to the Government?
The NGO is fighting for gender equality and a ministry for “MEN welfare”. It is asking to make a provision for Men to complaint for domestic violence, to bring 498a under civil law, to make 498a bailable. The members of the NGO say that “No arrest should be done before proper investigation” and “age old parent and children must not be arrested”. They also demand to dispose divorce and child custody cases within 1 year.
Indian Husbands are treated worst than ‘Ajmal Amir Kasab’
deccan_herald_14_may_2010_international_family_day
prajavaani_15_feb_2010 coverage of candle light protest
An open court for husbands
http://www.merinews.com/article/an-open-court-for-husbands/15819451.shtml
“Stories of harassment and torture poured in at the “Open Court” organized to hear the painful and harrowing stories of husbands who claimed are victims of domestic violence at the hands of their arrogant and aggressive wives.” says president of FHS, P Suresh.
“The tailor was in tears, shock and trauma but after meeting other victims and listing to their stories he became little composed as he realized he is not alone who has been falsely implicated by misusing dowry laws and domestic violence laws which were created by parliament with good intentions to help needy women”.
An “Open Court” to listen the cases of husbands
An “Open Court” to listen the cases of husbands
30 May : “Family Harmony Society® organized a “OPEN COURT” at its weekly NGO meeting on Sunday (23rd May 2010) in Indira Nagar Park to listen the cases of harassed husbands at the hands of violent and aggressive wives.
About Family Harmony Society®: “Family Harmony Society®” FHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
“Stories of harassment and torture poured in at the “Open Court” organized to hear the painful and harrowing stories of husbands who claimed are victims of domestic violence at the hands of their arrogant and aggressive wives.” says president of FHS, P Suresh.
He further added that “Those days are gone when wives used to claim victims of domestic violence. Now the time has taken a full circle and the 21st century girl is modern, well educated, working, earning handsome salaries and rubbing shoulder to shoulder with male colleagues.”
M Mahesh who is General Secretary of the NGO and who also heard the cases says “The biggest problem in the society in Indian context is ‘Disintegration of families’ due to alarming rate of increase in divorce.”
He further adds that “A financially and socially independent women nowadays is not ready to accept IN-LAWS in the house and wants to have nuclear family with husband and children alone. This is breaking the century old Indian system of ‘Joint family’ which used to give security and safety to each member of the ‘joint family’ at any point of time in life”
P Suresh says “Today we received a case of a tailor, who earns a monthly salary of 4000/- per month by stitching old cloths and his wife has put a false case of dowry harassment and Domestic Violence. He was arrested and was in jail for 45 days. Also the wife is claiming a monthly of 8000/- rs. If the husband is sitting in jail then how can he earn and feed his family?” asks P Suresh”
“The tailor was in tears, shock and trauma but after meeting other victims and listing to their stories he became little composed as he realized he is not alone who has been falsely implicated by misusing dowry laws and domestic violence laws which were created by parliament with good intentions to help needy women”
Raghevendra Naik who is ‘Public Relation Officer’ of the NGO says that “Laws made by the parliament for the needy women are being heavily misused by the Greedy women and adds that is the reason 98% of the dowry cases filed by the women are proved false in the court of law as the petty matrimonial disputes are being converted into false criminal cases.”
Prasad who came from Mysore to attend the “Special hearing for husbands” says that “My wife was having an extra martial affair with her college mate and when I found she slapped a false dowry case on me. I am earning well and I have not taken a single paise from my in-laws but police won’t listen to me saying, We have to register the case as it is from a women else we will be in problem if your wife complains to higher officer”
With tears flowing down his cheeks Prasad further adds that “No one listen to us as we are husband and in this country it is assumed that only women can be victim of domestic violence. My life is spoiled and in the name of protecting women police has registered a case against my mother also. Is my mother not a Women? Does Women means only young and newly married wife?” He asks these questions and breaks down.
Shivalingaiyya who came all the way from hassan says that “I was looking for a suitable girl for me after I got separated from my first wife amicably and took mutual consent divorce. I came to know about this girl who was a widow. We had initial discussion when we came to know that she was the one who has killed her husband and she was in jail too. So I told them that I am not interested but to by utter shock on a fine morning that girl, her brother, parent and few more rowdies landed at my house early morning at 5 am and forced me to tie thaali around her neck and took pictures and then left”.
“Then after few days they filed a false case of dowry harassment against me. I am thankful to the police that they did honest investigation and gave a report to the court that I am innocent and have been falsely implicated in the case” added Shivalingaiyya who is still unable to come out of the shock and trauma.
P Suresh says that “Shivalingaiyya was probably lucky to get a favorable report from police who did free and fair investigation but that is not true in most of the cases. Police is under pressure from women organization and they do not want to be seen against women and that’s why in most of the cases they file ‘charge-sheet’ against husband and his family and wash their hand saying it is a family problem so go and fight in the court”.
M Mahesh says that “Almost all the High Courts and supreme court have acknowledged that Dowry laws are being heavily misused by women to settle score with the estranged family. Recently Union ministry of home affairs has issued a circular and guidelines to all the state governments to be very careful in registering the dowry cases as they are receiving large number of complaints regarding misuse of dowry and related laws”.
So what is way out? Should the women related laws be scrapped?
“No, there is no need to scrap these laws but there needs to be checks and balances to see that these laws are not misused to settle score with husband and his family. Also these laws should be made ‘gender neutral’ so that those husbands who are victim of domestic violence are also able to lodge complaint against errant wives”. Says P Suresh
He further adds that “Police, Judiciary, Lawyers, Society etc needs to be sensitized about the gravity of the issue. We need to keep in mind that on a false complaint of women, two more women (mother & sister) are arrested by the police. Also police should not use force and harsh language against husband and his family as this proves counter-productive in case the couple wants to stay together again.”
Helpline operated by FHS in Bangalore…
9880141531, P Suresh, President, Family Harmony Society
9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Indian Huabands are treated worst than “Ajmal Amir Kasab”
Indian Husbands charged with biased matrimonial laws, such as IPC 498A, CrPC 125, Domestic violence Act, are treated worst than “Ajmal Amir Kasab”, Pakistani terrorist, who is charged with the deaths of 166 Indians and foreigners.”Family Harmony Society” is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. This NGO was formed in 2005 in Bangalore and is having presence in 16 states and in abroad too. “We formed this NGO to protect and fight for the rights of the MEN. Everyone is concerned only about the rights of women but the society and Governments has forgotten about MEN’s right” says FHS activists. “When there is a ministry for even animal (Animal Husbandry Ministry) why not for MEN?” asks FHS activists and demands a ‘MEN’s welfare ministry’. “In case of matrimonial disputes between husband and wife all the related laws are made heavily in favor of estranged wife, giving no chance to husbands or his parents to defend. Why husbands are treated worst than criminals and terrorist?” asks FHS activists. Ajmal Amir Kasab was provided with free Government advocate and even though everyone knew he is guilty, enormous amount of reso
urce of
Government and Judiciary was wasted for his trial, but in case of matrimonial disputes when an estranged wife file a false complaint under IPC 498A, all the members of the husbands including females members like mother-in-law, sister-in-law and age old grandfather, grandmother are immediately arrested and sent to jail. Even minor children are not spared. What crime we have done? Are we worst than Ajmal Amir Kasab that without proving any charges we are arrested and sent to jail? Why each and every failed marriage is branded as Dowry case? Why each and every wife’s death is converted to dowry death case without an iota of proof and evidence. FHS activists had asked these uncomfortable questions to the Government. Between 1995 to 2008, total of 2481660 males were arrested by police for all cognizable offence and the corresponding figure for male in 2008 was 2713971 which on sequential base is an increase of 9.36%. In 1995, total of 106079 females were arrested by police
for all
cognizable offence and the corresponding figure for female in 2008 was 168315 which on sequential base is an increase of 58.67%. “So it is clear that Women criminal are on rise but in our country MEN only are considered worst than terrorist. Why this discrimination?” Asks FHS activists. An analysis of the National Crime Records Bureau www.ncrb.nic.in , between 1995 to 2008, shows that the suicide rate of MEN is increasing at an alarming rate compared to Women and most of it is attributed to “family problems”. “So government data itself shows that MEN are overburdened with responsibilities and Women are asking for equal rights but are not ready to share equal responsibilities. Why this third rate treatment to MEN?” asks FHS activists? Table showing suicide data of MEN and WOMEN from 1995 to 2008
Year Male Female Total
1996 51206 37035 88241
1997 56281 39548 95829
1998 61686 43027 104713
1999 65488 4509
9
110587
2000 66032 42561 108593
2001 66314 42192 108506
2002 69332 41085 110417
2003 70221 40630 110851
2004 72651 41046 113697
2005 72916 40998 113914
2006 75702 42410 118112
2007 79295 43342 122637
2008 80544 44473 125017
Total 887668 543446 1431114Notes to EditorFor more information please contact:
P Suresh, President, 9880141531
M Mahesh, General Secretary, 9731569970
Family Harmony Society Regd. No: 1058/2009-10
# 19, New B.E.L Road, Chikkamaranahalli, Bangalore, Karnataka You are also requested to visit:
Quick disposal of cases sought
http://www.thehindu.com/2010/05/11/stories/2010051154410500.htm
Quick disposal of cases sought
Staff Reporter
BANGALORE: An NGO, Family Harmony Society, has submitted a petition to Governor H.R. Bhardwaj regarding the inordinate delay in disposing of cases related to matrimonial disputes. In the petition, the NGO said due to the delay in the system, couples who apply for divorce undergo a lot of suffering.
It said it takes a minimum of five to seven years to dispose of a divorce case in a family court.
Protest against misuse of gender laws
http://www.deccanherald.com/content/52961/protest-against-misuse-gender-laws.html Protest against misuse of gender laws |
|
| Bangalore, Feb 15, DHNS: | |
| Tuesday, February 16, 2010 | |
| Around a 100 men belonging to the NGO Family Harmony Society took out a candle light protest at the Mahatma Gandhi statue on M G Road against the misuse of gender bias laws. | |
| The protest was against laws such as 498 (A) for dowry harassment, the Domestic Violence Act and CRPC 125, order for maintenance for wives and children. They claimed that the laws were being “heavily misused” by estranged wives to harass husbands and their family members. Further, according to information obtained by the NGO, less than one percent of cases registered were convicted under 498 (A). Their demands included making matrimonial laws gender neutral, introduce punitive action for those misusing the laws and making 498 (A) bailable. |
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Candlelight protest
http://www.thehindu.com/2010/02/14/stories/2010021459160300.htm
Candlelight protest
The Family Harmony Society has urged the Union Government to make offences under section 498A of the Indian Penal Code bailable, as this provision was being misused by some women.
The society has organised a candlelight protest on M.G. Road on Sunday.
Gender biased laws in India are breaking families
http://www.indiaprline.com/2010/05/29/how-the-gender-biased-laws-in-india-are-breaking-families/
On the occasion of International Day of Families – 15 May, 2010, Family Harmony Society® held Seminar at its weekly meeting at Indira Nagar, Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.
The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. As a result, the big fat Indian weddings are getting bigger while marriages are getting weaker and shorter. Houses are getting bigger while the hearts are shrinking and the Indian household is shattering into pieces.
Sadly, the United Nations, while observing a special day to highlight the importance of families, is simultaneously contributing to the destruction of the family in many countries around the world, including India, by sponsoring policies and laws which are harmful to the Family.
Criminalization of marriage and family relationships
Several decades ago, under the garb of equality, the communists and feminists the world over have undertaken the systematic destruction of the Family. They have portrayed marriage and family as oppressive institutions for women. They have projected understanding and tolerance to build harmonious marital relationships as a form of slavery. They have portrayed men as criminals and aggressors, and women and children as hapless victims who need to be rescued from them. They have pushed for importing of senseless anti-family laws to India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.
Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.
In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.
New weapons of family destruction or more lethal versions of existing ones are always on the anvil, thanks to anti-male, anti-family organizations, and one is never sure when and how they will strike another death blow on the family.
Legal Sanction of homosexual relationships, live-in-relationships, pre- and extra-marital relationships
After creating various fetters to discourage heterosexual marriage and normal family relationships, there is an upcoming trend of granting legal sanction to hitherto unacceptable homosexual relationships, live-in-relationships, pre- and extra-marital relationships through outrageous remarks and judgments by the judiciary, and even laws made by our elected representatives.
Sexual Freedom i.e. an individual’s right to have unrestrained sex with anyone appears to be the basis for women’s rights. The National Commission for Women (NCW) encourages adultery by women by seeking legal measures for an adulterous wife to claim maintenance from her husband. In other words, a husband is obliged to maintain a woman who is sleeping with someone else! Also, adultery by a man is a criminal offence, but adultery by a woman is, at best, equivalent to a woman’s sexual expression and liberation, and at worst, a civil wrong.
While the NCW is spearheading a sexual revolution, ultra-liberal celebrities like Khushboo are encouraging women to abandon the ideals of premarital virginity and marital fidelity as vestiges of worthless Indian morality. According to them, promiscuous sex should be seen as a morally indifferent and innocuous source of pleasure. How innocuous this source of pleasure can be is indicated by the rates of teenage pregnancies, sexually transmitted diseases, abortion and foeticide, illegitimacy, and adolescent crime in the Western countries.
American author and judge, Richard Posner, aptly notes in his book Sex and Reason, the “freer women are sexually, the less interest men have in marriage.” With demands for maintenance to an adulterous wife, one should not be surprised, if, in a few years, Indian men, on a large scale, will shun marriage like their Western counterparts, as marriage is not a necessary ticket to a woman’s bedroom. NCW seems to want to transform women into easily disposable sex objects so that there are more and more abandoned, destitute, frustrated, angry women, who hate themselves and men, and NCW’s survival is guaranteed for many more generations.
Promoting a fatherless society
Enjoying the love and affection of both parents is not only a basic right of children, but it is also important for a child’s normal development. Disregarding children’s welfare and best interest of children, anti-family laws have been designed to violate a child’s right to the love and affection of both parents.
Statistics from the United States reveal that, compared to children in intact families, children in fatherless homes are:
- 5 times more likely to commit suicide
- 32 times more likely to run away from home.
- 20 times more likely to have behavioral disorders
- 14 times more likely to commit rape.
- 9 times more likely to drop out of high school.
- 10 times more likely to abuse chemical substances (become drug addicts)
- 9 times more likely to end up in a state-operated institution
- 20 times more likely to end up in prison.
In addition, 3 million teenage girls have sexually transmitted diseases, and at least 1 out of 4 teenagers in the age bracket 14-19 suffers sexually transmitted diseases.
While there is ample evidence to show that children need both parents, Indian “family laws” have stolen the right of a father to love and care for his children, but impose unlimited financial responsibilities on the father. Giving unfettered right of access to children to the mother and little or no visitation to the father is the order of the day. Custody laws allow for passing of ex-parte orders to take away the custody of a child from the father on the sole basis of the self-serving affidavits of a complainant woman. In fact, false allegations of abuse are made and cases filed under IPC Section 498a and Domestic Violence Act as a means to strategically eliminate fathers from children’s lives.
The few fathers who succeed in getting visitation orders are left with just the paper orders which even the courts which passed them are unable to uphold if disobeyed by the mother. Fathers who try to make contact with their own children are labelled kidnappers and are constantly under the fear of being arrested unless they give up their desire to see their children.
Why this trend continues and who benefits?
The realization of the communist’s and feminist’s dream of female sexual revolution, responsibility- free relationships, and fatherless homes comes with a huge price tag, which includes the destruction of marriage and the family, increase in the number of illegitimate children, legitimate but fatherless children, juvenile and adolescent crime, unwanted pregnancies, abortion, and numerous abandoned and frustrated women. There is also an increase in the number of men committing suicide or murdered by abusive or adulterous spouses.
These dangerous trends continue because most common men are unaware of what is brewing in the name of women’s rights and empowerment. Many of those who are aware think, “I am a good person, and those who are complaining must have done something to deserve the suffering”. Most others think this hue and cry about destruction of the family is a joke. It is certainly no joke, and the thousands of men who have been jailed along with their families, rendered homeless and deprived of their children will tell you why. If not, you can be sure that before you realize it, your own family or a family you know could fall prey to the vicious agenda of radical ideologues.
These harmful trends prevail because people are ignoring the fact that marriage and monogamy are a result of social evolution with inherent benefits and costs to both sexes, involving a lot of compromises and adjustment. Many do not understand that partner violence is a reality but it happens because of three reasons (1) Psychological problems (2) Addictions and (3) Criminal tendencies. Many do not realize that majority of partner violence occurs due to the first two reasons, that violence due to criminal tendencies is very rare, and most importantly, that partner violence is not gender-driven.
Meanwhile, everyday, scores of marital discords are being escalated into criminal cases and legal battles. They give a sense of instant gratification, revenge or a false feeling of control to a disgruntled woman and her family, but in reality, the only people who benefit from this are middlemen – women’s organizations, police, lawyers, judicial officers and court staff – who are eagerly scavenging to get rich at the expense of the decaying family system, not realizing its consequences to their own families and the future generations.
The way ahead
The Universal Declaration of Human Rights states, “the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State.” It also states, “men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution. ”
The import of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-family laws as a major factor contributing to the increasing abuse of the elderly in India. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. Many young men have lost the most productive years of their lives fighting false allegations of abuse. There are also an increasing number of unhappy single women and mothers, as the one and only institution that had served as the source of constant support and protection for the woman is now under severe threat.
Unless all responsible citizens rise up against the tyranny of anti-family laws and the system that implements them, there is no hope of survival for the Indian Family.
Resolution by Family Harmony Society…
On the occasion of International Day of Families, Family Harmony Society will be passing a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws.
A Joint Action Committee will be formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.
Appeal to the Government
We appeal to the Government, media and society to play a positive role in strengthening the institution of Family instead of precipitating its destruction. The Government of India should NOT allow radical, anti-family organizations or individuals to take part in making or amending laws. The media should stop sensationalizing family disputes and spreading half-truths either in the name of news or entertainment. Every member of the society should understand that the Family is our only system of social security, and must reject laws, policies and activities which harm our families.
Helpline operated by FHS in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
About Family Harmony Society®:
“Family Harmony Society®” – FHS – http://www.family-harmony.org / http://www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
Gender biased laws in India are breaking families
http://www.merinews.com/article/gender-biased-laws-in-india-are-breaking-families/15817979.shtml
Family Harmony Society (FHS) is a non governmental organisation (NGO) promoting the cause of family harmony and gender equality. It is registered under ‘The Karnataka Societies Registration Act, 1960’ and is based in Bangalore.
The United Nations adopted ‘May 15’ as the International Day of Families in the year 1994. This day is meant to highlight the importance of the family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolises the fact that families are the centre and the heart of the society, and the society should nurture the family which provides a stable and supporting home for people of all ages.
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimise conflicts between inexperienced married couples.
Today, marital interactions in India have been criminalised, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.
In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that doesn’t qualify as an offence and cost not only him, but even his parents and siblings dearly. Indian Penal Code Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the ‘Family Law’, are all designed to criminalise an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting and that IPC Section 498A has unleashed ‘legal terrorism’ in the country.
On the occasion of International Day of Families, Family Harmony Society passed a resolution to restore fairness in the family laws and their implementation and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws. A Joint Action Committee is formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.
NGO Financial Statement
To members only on request
Seminar – How the Gender biased laws in INDIA are breaking families
International Day of Families – 15 May, 2010
How the Gender biased laws in INDIA are breaking families
About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
On the occasion of International Day of Families – 15 May, 2010, Family Harmony Society® held Seminar at its weekly meeting at Indira Nagar, Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.
The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. As a result, the big fat Indian weddings are getting bigger while marriages are getting weaker and shorter. Houses are getting bigger while the hearts are shrinking and the Indian household is shattering into pieces.
Sadly, the United Nations, while observing a special day to highlight the importance of families, is simultaneously contributing to the destruction of the family in many countries around the world, including India, by sponsoring policies and laws which are harmful to the Family.
Criminalization of marriage and family relationships
Several decades ago, under the garb of equality, the communists and feminists the world over have undertaken the systematic destruction of the Family. They have portrayed marriage and family as oppressive institutions for women. They have projected understanding and tolerance to build harmonious marital relationships as a form of slavery. They have portrayed men as criminals and aggressors, and women and children as hapless victims who need to be rescued from them. They have pushed for importing of senseless anti-family laws to India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.
Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.
In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.
New weapons of family destruction or more lethal versions of existing ones are always on the anvil, thanks to anti-male, anti-family organizations, and one is never sure when and how they will strike another death blow on the family.
Legal Sanction of homosexual relationships, live-in-relationships, pre- and extra-marital relationships
After creating various fetters to discourage heterosexual marriage and normal family relationships, there is an upcoming trend of granting legal sanction to hitherto unacceptable homosexual relationships, live-in-relationships, pre- and extra-marital relationships through outrageous remarks and judgments by the judiciary, and even laws made by our elected representatives.
Sexual Freedom i.e. an individual’s right to have unrestrained sex with anyone appears to be the basis for women’s rights. The National Commission for Women (NCW) encourages adultery by women by seeking legal measures for an adulterous wife to claim maintenance from her husband. In other words, a husband is obliged to maintain a woman who is sleeping with someone else! Also, adultery by a man is a criminal offence, but adultery by a woman is, at best, equivalent to a woman’s sexual expression and liberation, and at worst, a civil wrong.
While the NCW is spearheading a sexual revolution, ultra-liberal celebrities like Khushboo are encouraging women to abandon the ideals of premarital virginity and marital fidelity as vestiges of worthless Indian morality. According to them, promiscuous sex should be seen as a morally indifferent and innocuous source of pleasure. How innocuous this source of pleasure can be is indicated by the rates of teenage pregnancies, sexually transmitted diseases, abortion and foeticide, illegitimacy, and adolescent crime in the Western countries.
American author and judge, Richard Posner, aptly notes in his book Sex and Reason, the “freer women are sexually, the less interest men have in marriage.” With demands for maintenance to an adulterous wife, one should not be surprised, if, in a few years, Indian men, on a large scale, will shun marriage like their Western counterparts, as marriage is not a necessary ticket to a woman’s bedroom. NCW seems to want to transform women into easily disposable sex objects so that there are more and more abandoned, destitute, frustrated, angry women, who hate themselves and men, and NCW’s survival is guaranteed for many more generations.
Promoting a fatherless society
Enjoying the love and affection of both parents is not only a basic right of children, but it is also important for a child’s normal development. Disregarding children’s welfare and best interest of children, anti-family laws have been designed to violate a child’s right to the love and affection of both parents.
Statistics from the United States reveal that, compared to children in intact families, children in fatherless homes are:
- 5 times more likely to commit suicide
- 32 times more likely to run away from home.
- 20 times more likely to have behavioral disorders
- 14 times more likely to commit rape.
- 9 times more likely to drop out of high school.
- 10 times more likely to abuse chemical substances (become drug addicts)
- 9 times more likely to end up in a state-operated institution
- 20 times more likely to end up in prison.
In addition, 3 million teenage girls have sexually transmitted diseases, and at least 1 out of 4 teenagers in the age bracket 14-19 suffers sexually transmitted diseases.
While there is ample evidence to show that children need both parents, Indian “family laws” have stolen the right of a father to love and care for his children, but impose unlimited financial responsibilities on the father. Giving unfettered right of access to children to the mother and little or no visitation to the father is the order of the day. Custody laws allow for passing of ex-parte orders to take away the custody of a child from the father on the sole basis of the self-serving affidavits of a complainant woman. In fact, false allegations of abuse are made and cases filed under IPC Section 498a and Domestic Violence Act as a means to strategically eliminate fathers from children’s lives.
The few fathers who succeed in getting visitation orders are left with just the paper orders which even the courts which passed them are unable to uphold if disobeyed by the mother. Fathers who try to make contact with their own children are labelled kidnappers and are constantly under the fear of being arrested unless they give up their desire to see their children.
Why this trend continues and who benefits?
The realization of the communist’s and feminist’s dream of female sexual revolution, responsibility- free relationships, and fatherless homes comes with a huge price tag, which includes the destruction of marriage and the family, increase in the number of illegitimate children, legitimate but fatherless children, juvenile and adolescent crime, unwanted pregnancies, abortion, and numerous abandoned and frustrated women. There is also an increase in the number of men committing suicide or murdered by abusive or adulterous spouses.
These dangerous trends continue because most common men are unaware of what is brewing in the name of women’s rights and empowerment. Many of those who are aware think, “I am a good person, and those who are complaining must have done something to deserve the suffering”. Most others think this hue and cry about destruction of the family is a joke. It is certainly no joke, and the thousands of men who have been jailed along with their families, rendered homeless and deprived of their children will tell you why. If not, you can be sure that before you realize it, your own family or a family you know could fall prey to the vicious agenda of radical ideologues.
These harmful trends prevail because people are ignoring the fact that marriage and monogamy are a result of social evolution with inherent benefits and costs to both sexes, involving a lot of compromises and adjustment. Many do not understand that partner violence is a reality but it happens because of three reasons (1) Psychological problems (2) Addictions and (3) Criminal tendencies. Many do not realize that majority of partner violence occurs due to the first two reasons, that violence due to criminal tendencies is very rare, and most importantly, that partner violence is not gender-driven.
Meanwhile, everyday, scores of marital discords are being escalated into criminal cases and legal battles. They give a sense of instant gratification, revenge or a false feeling of control to a disgruntled woman and her family, but in reality, the only people who benefit from this are middlemen – women’s organizations, police, lawyers, judicial officers and court staff – who are eagerly scavenging to get rich at the expense of the decaying family system, not realizing its consequences to their own families and the future generations.
The way ahead
The Universal Declaration of Human Rights states, “the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State.” It also states, “men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution. “
The import of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-family laws as a major factor contributing to the increasing abuse of the elderly in India. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. Many young men have lost the most productive years of their lives fighting false allegations of abuse. There are also an increasing number of unhappy single women and mothers, as the one and only institution that had served as the source of constant support and protection for the woman is now under severe threat.
Unless all responsible citizens rise up against the tyranny of anti-family laws and the system that implements them, there is no hope of survival for the Indian Family.
Resolution by Family Harmony Society…
On the occasion of International Day of Families, Family Harmony Society will be passing a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws.
A Joint Action Committee will be formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.
Appeal to the Government
We appeal to the Government, media and society to play a positive role in strengthening the institution of Family instead of precipitating its destruction. The Government of India should NOT allow radical, anti-family organizations or individuals to take part in making or amending laws. The media should stop sensationalizing family disputes and spreading half-truths either in the name of news or entertainment. Every member of the society should understand that the Family is our only system of social security, and must reject laws, policies and activities which harm our families.
Helpline operated by FHS in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
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Candle Light Protest at Mahatma Gandhi Statue, Bangalore
14-Feb-10: Members of Family Harmony Society (FHS) in association with members of Save Indian Family Foundation (SIFF) organized a Candle Light Protest at Mahatma Gandhi Statue to protest against heavy misuse of gender biased laws such as IPC 498A, DV Act, CrPC 125 etc. Please find pictures from the protest venue.
http://picasaweb.google.com/104826454367471617451/2010_02_14
Some sample photos posted below.
07-Mar-10: Odd voices of resentment struck a discordant note during the euphoric eve of International Women’s Day celebrations here on Sunday. Aggrieved mothers-in-law and husbands staged a candlelight vigil in protest against the violence allegedly perpetrated by daughters-in-law.
The protestors, belonging to the All India Mother-In-Law Protection Forum, Save Indian Family Foundation and Family Harmony Society, shouted slogans during the protest that lasted for an hour and a half in front of the Gandhi statue on MG Road.
“We will not celebrate Women’s Day. There are days associated with fathers, mothers and daughters, but nothing for mothers-in-law. Hence, we are celebrating the Mothers-In-Law Day today (Sunday). We are drawing the government’s attention to the fact that there are as many as 12 laws for daughters-in-law but not one for mothers-in-law. We are also protesting against the Women’s Reservation Bill,” Neena Dhulia, president, All India Mother-In-Law Protection Forum, said.
Men from the Save Indian Family Foundation claimed that their protest was against the maintenance claims from their divorced wives. The Family Harmony Society members said that they were protesting against the harassment meted out by daughters-in-law to other family members.
Sharadamma (67), an inmate of Sumangali Seva Ashram, said she was in the vigil to protest against the Domestic Violence Act.
Pamphlets distribution at family court, Bangalore
6-Feb-10: Members of Family Harmony Society distributed pamphlets at family court, Bangalore on 6-Feb-10. Pamphlets were printed both in Kannada and English. It was part of awareness creation activity undertaken by Family Harmony Society as many victims are still not aware that there are many NGOs who are fighting against grave injustice cause due to heavy misuse of gender biased laws such IPC 498A, CrPC 125, DV Act etc. Please see below the pamphlets.
29-May-10: Members of Family Harmony Society in association with Save Indian Family Foundation – SIFF distributed pamphlets at family court, Bangalore on 29-May-10. Pamphlets were printed both in Kannada and English. It was part of awareness creation activity undertaken by Family Harmony Society and also as part of SIFF “family awaressness month”. We plan to do this on regular basis from time to time.
Trial By Media is Violation of Human Rights
Submitted to:
The Honorable Chairperson
KARNATAKA STATE HUMAN RIGHTS COMMISSION
4th FLOOR, 5th PHASE, MULTISTOREYED BUILDING, BANGALORE-560 001.
Trial By Media is Violation of Human Rights
About Family Harmony Society®: “Family Harmony Society®” - FHS – http://www.family-harmony.org / http://www.498a.org.in is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Sir,
This is regarding print and electronic media telecasting/publishing lies and half-truths about family disputes between husbands and wives in the name of news, and resorting to defamation of husbands and their family members by calling them criminals, crooks, cheats, frauds, blood-thirsty demons, money-hungry wolves, and similar terms merely based on the self-serving statements of a complainant wife, thus damaging to the dignity of accused persons.
It has become a regular practice for Newspapers and TV News Channels to publish/telecast disputes between wives and husbands and matters which are subjudice or under investigation, in the name of news. Every news story of this nature has certain common elements –
v Portraying the wife as weak, helpless creature having low self-esteem, but flawless in their interactions with the husband and his family members, and as innocent victims of the evil practice of dowry.
v Portraying the husband and his kin as criminal-minded, sadistic persons who constantly harass the young wives for dowry.
v Channels competing with each other to invent new terms to paint the husband and his family members as the worst villains.
v Making assumptions about the guilt of the husband and his family members merely based on allegations of the complainant wife.
v Passing generalized remarks demeaning all men.
v Passing verdicts about the appropriate punishment for the accused husband and his family members.
News Channels have been pitching a wife as a damsel in distress and the husband and his family members as crooks and pitting them against each other for jerking the last drop of tear out of the viewers’ eyes and to arouse unjustified anger against the accused, to keep the viewers glued to their TV sets and boost the TRPs of the respective Channels.
Newspapers and News Channels, through their gut-wrenching commentary, are building unnecessary pressure on the Police and Judiciary, prejudicing the viewers and making the society arrest-hungry.
Such irresponsible reporting of sensational lies and half-truths on disputes between a married couple, in the name of news, causes immeasurable damage to the accused, most of whom are decent, law-abiding citizens, and also have their version of the story which they may or may not want to share with the media. The media, emboldened by the dysfunctional judiciary brazenly resorts to damaging the reputation of the accused knowing well that a person already embroiled in court cases which will take years for disposal, may not take a chance and file a case of damages or defamation.
Conducting trial by media by publishing/telecasting one-sided versions or forcing the husband and his family to face the TV camera under the threat or risk of being discredited, making unsubstantiated allegations and defamatory statements against the accused, giving derogatory titles to the accused, conducting media trial and passing one-sided verdicts, thus discrediting the accused before the case has been heard or concluded in the Court, all amount to violation of the human rights of the accused. In addition, making generalized statements demeaning all men also amounts to blatant violation of the human rights of fifty percent of the country’s population.
The physical and mental health of many accused individuals, especially elders, are affected because of maligning their personal and family reputation and many young men, their sisters and their aged parents have committed suicides unable to withstand the trauma caused by media trial and defamation in addition to prolonged uphill legal battles.
Appeal to KSHRC:
We appeal to the Karnataka State Human Rights Commission to please render justice to victims of media malice by
v Directing all newspapers and news channels to stop publishing/telecasting of family disputes between wife and husband as news.
v Directing all newspapers and news channels to stop making one-sided statements and conducting media trial on an accused husband and his family members.
v Directing all newspapers and news channels to render a public apology for giving horrendous titles to an accused husband and his family members.
v Directing all newspapers and news channels to stop making derogatory statements on men as a group and to render a public apology for the damage already done to the reputation of men as a group.
v Issuing directives such that in case the accused husband or his family members commit suicide unable to bear the trauma of media trial and public humiliation, the respective Newspapers and TV Channels will be required to compensate and pay for the defamation and damages, without the need for the victims of media-trial having to fight another tedious losing legal battle against powerful media houses.
v Issuing directives to stop media Discussions on ANY matter which is subjudice or under investigation, especially those related to family disputes, and the Hon’ble Forum may make provisions to file suo moto cases of contempt of court in case of violation of this directive.
P Suresh, President,
9880141531
Family Harmony Society
Comments/Suggestions/Recommendations on Protection of women from domestic violence rules, 2006
Comments/Suggestions/Recommendations on
Protection of women from domestic violence rules, 2006
Submitted to
Shri Mahesh Tiwari, Jt. Dir., Rajya Sabha Secretariat,
Room No. 528 A, Parliament House Annexe, New Delhi-110001
Tel: No. 23034353, Fax: 23017548; E-mail: mtiwari@sansad.nic.in
Respected Sir,
With reference to the press release inviting Comments/Suggestions on Protection of women from domestic violence rules, 2006 (Bill No.: G.S.R. 644(E)) from individuals/ organizations/ institutions/ experts on the working and efficacy of the said Rules, we beseech you to accept our views & suggestions and forward these to the Committee on Subordinate Legislation for considering our suggestions as proposed in here.
We are representing “Family Harmony Society” [www.family-harmony.org] a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. It is a not-for-profit NGO which consists of patriotic sons & daughters of the soil. Please visit our official website www.498a.org.in and www.family-harmony.org to know more about us, our activities, our organization and our aims/objectives. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of women-biased laws (IPC 498A, Cr.P.C 125 & Domestic Violence Act).
Honestly concerned about the draconian methods of implementation of
the women-biased laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests that are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
Our country is already divided in the name of language, religion and geographic region. But these women-biased laws are bringing in another dimension of division of our society in the name of gender.
As part of our activities we have conducted an on-line survey at http://www.family-harmony.org. The template of the survey is attached herewith as Annexure A. The consolidated result of the survey is attached herewith as Annexure B. Sir, The Protection of women from domestic violence rules is highly fragile and is vulnerable for heavy misuse. The loop holes in it are more favorable to the complainant woman and these loop holes are being highly misused by some of the intelligent, corrupt and greedy women to gain undue advantage over their respondent husbands. We have done numerous studies, survey and research to prove the same. It is purely a myth to say that the loop holes are being misused by the accused. This statement is not backed up by any data or research or study and is merely based on assumption that all women are innocent.
Because of this blind assumption that only women are victims of domestic violence, many innocent husbands are suffering due to the misuse of the said “Act & Rules” as there is no provision for the suffering husbands to lodge complaint. Thousands of husbands are committing suicides because of family issues and it becomes more lethal when the wife misuses the laws favorable to women. The official data obtained from National Crime Records Bureau [NCRB – http://www.ncrb.nic.in shows that more men are committing suicides than women year after year. NCRB suicide data from 1996 to 2008 is attached herewith as Annexure C. Over the past few months we have come across many such cases and we have rescued such husbands to come out of their suicidal tendencies.
In order to alleviate the sufferings of the victims of the misuse of the PWDVA, we wish to present the following list of proposals and suggestions for your kind considerations:
- 1. Remove the word, “Women” from the name:
Our objections: We object to the give protection only to “Women”. The wordings are such that only “young married wife” can claim protection and relief.
Our reasoning: The Protection of women from domestic violence Act and the Protection of women from domestic violence rules, were framed and legislated based on a myth and assumption that only women under go domestic violence. The parliament has not considered the fact the “softer-sex” i.e., Males are equally vulnerable to domestic violence in the hands of a female or another male. Numerous incidents of domestic violence on males covered by press & media, clearly showing the evidence of violence on males, have been ignored by the parliament. It is not appropriate to assume that all “married young women” in our country are Sita Devis. We should not forget that there are enough number of Surpanakas & Kaikeyis in our country. Numerous incidents of crime committed by women can be found in press & media coverage. Some of these media coverage can be witnessed from our website –
http://www.498a.org.in/nwsrm_prsRels.html
.
Our Comments/Suggestions: Therefore, we strongly request to make the said Act and the Rules “gender-neutral” by providing protection to MEN as well.
- 2. Provide protection to children/Senior citizens:
Our Objections: We object that the said “Rules” has been designed only to provide protection to “married young women”.
Our reasoning: Anybody can be a victim of Domestic violence, including children, infants, teenagers and senior citizens. They can become victim in the hands of their own blood relatives including the mothers of the children and the sons & daughters-in-law of the aged parents. Senior citizens are mostly abused by the daughters-in-law more so by the misuse of these women-biased laws. Even United Nations Organization has recognized that the misuse of IPC 498A or the “Dowry Law” is the biggest form of elder abuse in our country. Such senior citizens in their twilight years should be protected from domestic violence and abuse.
Our Comments/Suggestions: Therefore, we sincerely request to increase the scope of the said Act and the Rules beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.
- 3. Include punishment clause in case of misuse:
Our Objections: The Protection of women from domestic violence Act is one of the most misused laws in our country apart from IPC 498[A].
Our reasoning: We wish to bring your notice that this law is being misused by many of the young, educated & intelligent women with corrupt intentions to satisfy their greed, grudge & fantasies. This law becomes more lethal when misused along with the Dowry Law or IPC 498A. The case under Domestic Violence Act is usually filed just after an FIR U/S 498A is registered for the same cause of action.
Below is a list of few case studies which we came across while talking with some of the victims of the misuse of this law:
- Sec. 17 of the said Act –
- When there is a dispute between the spouses and when the wife files a criminal cases like Dowry Harassment (IPC 498A) against the husband, it becomes impossible for him to continue to live with the wife. And if the wife claims for Right to residence in his house under this section, then husband has to vacate the house along with his aged parent, as it is impractical to even think that an accused and his victim can stay under the same roof that too when the criminal cases are pending. This leads to an unbearable harassment to the husband and his age old parent. Punishing him before beginning the trail is violation of his rights. In some cases the husbands will be re-paying their house loans, but because of the residence orders husband and his parent will be staying outside their houses in spite of paying for house loans, causing a great burden and hardship to them.
- If the husband / his parents live in the shared house they have to face harassment of police / face multiple other criminal cases as per the wish of wife’s lawyer. So invariably husband and his old parents have to run away, sometimes without belongings and stay in a rented accommodation.
- Sec. 18 of the said Act –
- The wife can get an order prohibiting the husband from operating his own bank accounts including his salary accounts, making it impossible for him to live. In one case, received by our NGO, wife first used 498A to send the husband & her mother-in-law to jail. As soon as they were released on bail, wife used this section Domestic Violence Act to lock all their bank accounts & properties including the husband’s salary account. When they went home, they were beaten up by the wife & her kin and the husband & the mother-in-law were thrown out of their own house, thus making them penniless and homeless. This is how women are misusing this law resulting in violation of basic rights of the innocent husbands & aged in-laws. Even in the cases of Dowry death the husband will get a chance to prove not guilty, but this new law first punishes the husband and then gives the husband the chance to prove not guilty.
- Sec. 19 of the said Act –
- The wife can get an order prohibiting the husband from entering the shared household. This resulting in, he being thrown out of his own house without any cause. This section becomes lethal when used in tandem with Sec. 18, making the wife to capture the house of the husband and in-laws and throw them out. In many of the cases we have observed that some women acting like goons misuse this law to capture the hard-earned properties of the husband and in-laws, denying their basic rights. Once the wife gets the control over the property she can use that to accommodate her kin or bring-in her boy-friends.
- Sec. 20 of the said Act –
- Wife can file multiple maintenance suits for the same relief, one under this section and another under Cr.P.C 125 or any other provision available just to harass the husband by making him run around different courts. This concept of misusing multiple maintenance provisions has gone beyond bearable limits. We have received numerous complaints from victims who come to us to narrate their grievances and this has prompted us file a Public Interest Litigation, in Hon’ble High Court of Karnataka with Writ Pet. No. 9168/10.
- Though this section restricts the maintenance amount to be fair & reasonable, the Hon’ble magistrates in various courts are hardly giving attention to this clause. In a hurry to provide justice to the women they are passing meaningless orders with exorbitant amounts as maintenance without any justification. The high amounts of maintenance passed by the magistrates are being misused by the estranged wives for enrichment and luxury.
- Some wives gets ex-party orders to get her belongings and come with police protection and take away all the evidences, photos, bank accounts, property documents, gold, cash, credit cards, everything what she knows and what her lawyer suggests along with important house hold items.
- Since this Act assumes that whatever the women says as true, is highly vulnerable to misuse.
The misuse of the Protection of women from domestic violence Act is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse of this Act.
Our Comments/Suggestions: There is an urgent need to introduce a punishment clause in the Protection of women from domestic violence Rules in-line with section 387 to 389 of Indian Penal Code. A new rule should be introduced to protect the rights of the accused by sufficiently compensating the accused. The rule should also make a provision to return back any interim maintenance amount paid during the trial with 10% interest rate.
- 4. Remove live-in relationships out of the context of the Rules:
Our Objections: Live-in relationships are like organized prostitution. If we don’t discourage live-in relationships then we will end up promoting polygamy which is not permitted as per law.
Our reasoning: There are no rules defined under Live-in relationships. A man can have any number of Live-in relationships and similarly a woman can also have many Live-in relationships. This is nothing but a different concept of prostitution and nothing but polygamy. The committee needs to look into this issue and ensure that the Protection of women from domestic violence rules does not cover live-in relationships. If the parliamentarian committee ignores this critical issue then that means that the parliament is promoting polygamy & adultery, thus making the sections 494 & 497 of Indian Penal Code as Un-constitutional.
Our Comments/Suggestions: The parliament should clear this confusion. It cannot take different stands on the same issue of polygamy. Therefore, we propose to remove live-in relationships from the context of this Act OR make sections 494 & 497 of Indian Penal Code as Un-constitutional.
- 5. Automatic Divorce decree should be passed on moving an application by the respondent husband:
Our Objections: On mere application of common sense one can conclude that a woman who is claiming domestic violence by her husband cannot be presumed to live with him any longer.
Our reasoning: More so when she is claiming for the reliefs of Protection, Residence, Maintenance orders as per the existing Protection of women from domestic violence rules. When a woman comes forward, complains and claims for these reliefs, then that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again.
In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court. Alternatively appropriate amendments should be brought in the said “Rules” so that husband should be able to move application for divorce in front of the same magistrate where the application for Domestic Violence is pending.
The existing Protection of women from domestic violence rules have been designed to provide protection to woman and not to harass the husband. In such a case husband should not be denied of his basic rights of being in a family, cohabiting with a woman and pass on his genes to the next generation, etc. Even those who are accused under much severe crimes like IPC 302 (murder) or IPC 307 (attempt to murder) will be given a liberty to live freely till he is proven guilty. Many of the accused people in the 1984 riots & Godhra riots are freely living while they are still undergoing their trials. Their basic rights of getting food cooked by their wives, having children with their wives are not being denied. In such a case why a husband accused under Protection of women from domestic violence Act should be punished and should be denied of his basic rights? Since the existing Protection of women from domestic violence rules doesn’t have any punishments like not allowing husband to eat food or not allowing him to have sex, etc., the husband should be made eligible for an immediate automatic divorce decree if he moves an application for the same, so that his basic rights are not denied but fulfilled by any other woman who is happy to live with him along with the reliefs being fulfilled under this Act for the complainant wife. Not doing so results in violation of human rights of the husband none other than by the parliament.
Our Comments/Suggestions: Therefore, we suggest/recommend introducing a new rule for protecting the human rights of the accused husband.
- 6. Remove protection officer:
Our Objections: The Protection officer’s role is to only record the Domestic Incident report without any verification or collection of proof. Often this is done after filing the application to the Magistrate and only for the sake of process, nothing more than that.
Our reasoning: The officer will not have any role in investigating the alleged domestic violence, it is only limited to writing down the false statements and filling the report as per the wishes of the wife’s advocate. It is mostly noted that the job of the PO is just to tick mark most of the rows in the DIR on the insistence of the wife.
Our Comments/Suggestions: The role of a Protection officer is absolutely unnecessary and should be removed.
- 7. Remove sole testimony:
Our Objections: Because of the rampant misuse of the Protection of women from domestic violence Act the sole testimony of the woman cannot be taken as a sole witness or as occurrence of violence.
Our reasoning: Even the Honorable Supreme Court of India in 14Feburary2010 observed that “in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.” So in general to avoid misuse no conclusion should be drawn.
Our Comments/Suggestions: The trial under this Act should be made in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.
- 8. Interim Orders:
Our Objections: We object to the delay on the main case proceedings due to the delay on passing of orders on the interim applications.
Our reasoning: Normally it is seen that there is a delay in passing of interim orders and on this ground the considerable delay on the main case. Even though the “Rules” stipulates that preferably the case should be heard and decided within 60 days but this provision is hardly followed by any court.
Our Comments/Suggestions: The magistrates shall ensure that interim orders are passed at the earliest and at the discretion of the officers and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
- 9. Perjury:
Our Objections: We object that due to various loopholes in the “Act & the Rules” the spouse are trading wild and false allegations at each other.
Our reasoning: As there is no provision of punishment in the “Act & the Rules” hence there is no fear in the mind of the litigants and they are indulging in leveling baseless and wild allegations against each other. This is deplorable and results in considerable delay of the proceedings.
Our Comments/Suggestions:
The magistrates shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of domestic violence, cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
10.Enforce strict adherence to section 6 – Application to magistrate:
Our Objections: If a defined rule is not followed then that leaves a chance for misuse. This rule has defined a very neat application form to be addressed to the Magistrate. As per this rule the complainant woman is supposed to fill-in the details of the breakup of the monetary reliefs that she is claiming <<Please refer page.67 in the rules PDF file under the heading – “Monetary reliefs under section 20″>>.
Our reasoning: But the complainant women do not follow this rule. This leads to claiming of exorbitant amounts of maintenance to the tune of lakhs of rupees. Claiming exorbitant amounts of maintenance is nothing but misusing the provision which is meant to protect women. It is impossible to believe that with the current economic conditions prevailing in our country that a woman would need lakhs of rupees of money for basic necessities like food, cloth, and medicines. We have seen cases where the maintenance amounts have been claimed in the range of 25,000/-, 50,000/- to 200,000/- per month. Even the Honorable magistrates, Honorable High court judges and “Honorable members of parliament” are not getting that much amount of money as their salaries. Maintenance includes only the basic necessities i.e., food, cloth, medicines & shelter. In any city in our country these basic necessities will not cost thousands & lakhs of rupees per month. The magistrates are supposed to pass orders ONLY for these basic necessities and other house hold expenses which should never run into thousands of rupees as claimed in some cases. The Act itself mandates that the maintenance amounts should be fair, just & reasonable. But this is hardly followed.
Our Comments/Suggestions: We therefore pray for strict adherence to this rule, else the application should be rejected if there is not breakup given for the monetary relief claimed.
11. Change in wordings of Form III (Please refer section 7 – Affidavit for ex parte orders):
Our Objections: We object to the way false cases are being filed in the court without any fear.
Our reasoning: We feel that courts of this country are nothing but temple of justice but unfortunately there is a flood of petitions in front of the courts most of which are false and are being filed with ulterior motives.
Our Comments/Suggestions:
In order to stop the misuse of this Act as a black mailing tool, we propose to add the following two statements into the Form-III as points 12 & 13:
12. I have read and understood the facts & allegations mentioned herein and the main application and I confirm that they are true. I confirm that I swear and stand by the facts & allegations that I have made. I understand that making this application will result in hampering of my relation with the accused/respondents and I may be at risk of losing the relationship with him/them permanently.
12 (B). <<This has to be included only if the complainant woman is a wife of any of the accused/respondents>> I understand that making this application will result in hampering of my relation with my husband whom I made as accused/respondent in this case. And the marriage between us will be declared dead & broken down if my husband moves an application praying for automatic divorce decree.
13. I understand that if the facts & allegations that I made under this sworn affidavit proved to be false then I will undergo trial for the criminal cases that might be initiated on me under the sections 387 to 389 of Indian Penal Code and/or I will undergo trial under the perjury & contempt proceedings.
12. Change in wordings of Form II: <<Please put this is braces “Please refer section 6 – Application to magistrate”>>
Our Objections: We object to the way false cases are being filed in the court without any fear.
Our reasoning: We feel that courts of this country are nothing but temple of justice but unfortunately there is a flood of petitions in front of the courts most of which are false and are being filed with ulterior motives.
Our Comments/Suggestions:
In order to stop the misuse of this Act as a black mailing tool, we propose to add the following two statements into the Form-II:
1. I have read and understood the facts & allegations mentioned herein and I confirm that they are true. I confirm that I swear and stand by the facts & allegations that I have made. I understand that making this application will result in hampering of my relation with the accused/respondents and I may be at risk of losing the relationship with him/them permanently.
1 (B). <<This has to be included only if the complainant woman is a wife of any of the accused/respondents>> I understand that making this application will result in hampering of my relation with my husband whom I made as accused/respondent in this case. And the marriage between us will be declared dead & broken down if my husband moves an application praying for automatic divorce decree.
2. I understand that if the facts & allegations that I made herein proved to be false then I will undergo trial for the criminal cases that might be initiated on me under the sections 387 to 389 of Indian Penal Code and/or I will also undergo trial under the perjury & contempt proceedings.
13. Enforce camera recording of the counseling under section 14 – Counselors:
Our Objections: We strongly deplore to the use of the said “Act” being used as a blackmail tool.
Our reasoning: The said “Act” must be used for the needy women rather being misused by greedy women. In traditional cases of misuse, women will insist on registering the case & punishing the accused/respondent during counseling/mediation. But later they deny that they did not insist on registering the case or that they registered in a fit of rage.
Our Comments/Suggestions: In order to stop this particular misuse of this Act as a black mailing tool, we propose to do camera recording of the counseling/mediation done by the counselors if the accused/respondents wishes so. The counselor to give the certified copy of this recoding to the complainant woman, accused/respondents and magistrate. The charge for these proceedings can be put on the accused/respondents.
14. Enforce mandatory accommodation in shelter homes under section 16 – Shelter Homes:
Our Objections: Shelter homes must be provided for the affected victims.
Our reasoning: When a woman undergoes domestic violence it may not be possible for her to continue to live with the accused/respondent.
Our Comments/Suggestions: So, in order to protect these women, the women should be mandatorily accommodated in Govt. sponsored Shelter Homes. The cost for the accommodation may be put on the accused/respondents. The cost will be for her maintenance as per the prevailing rates as declared by the Government.
We submit that we are considering filing a Public Interest Litigation to make this Act, in the current form, as unconstitutional in the Hon’ble High Court of Karnataka. For this we have been doing a study on how this Act is being misused. Please find the enclosed Annexure for your kind perusal.
We submit you to please consider our suggestions and please consider us to appear before the Committee for explaining our sufferings by the way of oral pleadings.
We submit that our suggestions are just and reasonable and in the event of non-implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!! With profound respects,
Suresh P Mahesh M
President General Secretary
Memorandum regarding the Inordinate Delays in Family Courts
Memorandum regarding the Inordinate Delays in Family Courts
Submitted to
Honorable MLA
We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.
Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.
After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.
We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.
We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates
- Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents
The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are.
By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.
The President, The Prime Minister, The Chief justice of India, The Law Commission and The Speaker who are the highest constitutional functionaries of our nation are on record acknowledging the existence of corruption, unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation.
We are part of the “Family Harmony Society” which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of family laws and judicial system in all its forms and Manifestations.
Honestly concerned about the draconian methods of implementation of the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests who are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
Our country is already divided in the name of language, religion and geographic region. But these gender-biased laws are bringing in another dimension of division of our society in the name of gender.
In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:
Disposal of Cases:
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- The Family Courts to officially suspend the vacation to the benches till the time limit of Six months is met.
- All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
- Induct more judges and extend the court timings to late evenings and over Sundays also.
Automatic Divorce in case of IPC 498A or Domestic Violence case
- The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case or a Domestic Violence case, automatic divorce to be granted on application for divorce by either of the spouse.
Reforms in Mediation Counseling and Pleadings
- Banning the presence & pleadings by Advocates in the family Court and Mediation.
- The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.
- The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
Child Custody matters:
- The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
- The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
- We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
- We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
- The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
Perjury
- The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!!
With profound respects,
Suresh P Mahesh M
President, General Secretary
9880141531 9731569970
Memorandum regarding the Inordinate Delays in Family Courts
Memorandum regarding the Inordinate Delays in Family Courts
Submitted to
Hon’ble Governor
State of Karnataka, Raj Bhavan, Bangalore.
We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.
Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.
After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.
We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.
We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates
- Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents
The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are.
By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.
The President, The Prime Minister, The Chief justice of India, The Law
Commission and The Speaker who are the highest constitutional
functionaries of our nation are on record acknowledging the existence of corruption, unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation.
We are part of the “Family Harmony Society” which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a
movement against the Legal Weapons of Family Destruction and fighting
against Misuse, and abuse of family laws and judicial system in all
its forms and Manifestations.
Honestly concerned about the draconian methods of implementation of
the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests who are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
Our country is already divided in the name of language, religion and geographic region. But these gender-biased laws are bringing in another dimension of division of our society in the name of gender.
In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:
Disposal of Cases:
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- The Family Courts to officially suspend the vacation to the benches till the time limit of Six months is met.
- All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
- Induct more judges and extend the court timings to late evenings and over Sundays also.
Automatic Divorce in case of IPC 498A or Domestic Violence case
- The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case or a Domestic Violence case, automatic divorce to be granted on application for divorce by either of the spouse.
Reforms in Mediation Counseling and Pleadings
- Banning the presence & pleadings by Advocates in the family Court and Mediation.
- The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.
- The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
Child Custody matters:
- The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
- The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
- We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
- We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
- The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
Perjury
- The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!!
With profound respects,
Suresh P Mahesh M
President, General Secretary
9880141531 9731569970
Memorandum regarding Suspension of Vacation to Family Courts
Memorandum regarding Suspension of Vacation to Family Courts
Submitted to
Hon’ble Chief Justice of Karnataka
High Court Buildings, High Court of Karnataka, Bangalore.
We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.
Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.
After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.
We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.
We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates
- Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents
The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are.
By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.
The President, The Prime Minister, The Chief justice of India, The Law
Commission and The Speaker who are the highest constitutional
functionaries of our nation are on record acknowledging the existence of corruption, unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation.
We are part of the “Family Harmony Society” which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a
movement against the Legal Weapons of Family Destruction and fighting
against Misuse, and abuse of family laws and judicial system in all
its forms and Manifestations.
Honestly concerned about the draconian methods of implementation of
the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests who are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
Our country is already divided in the name of language, religion and geographic region. But these gender-biased laws are bringing in another dimension of division of our society in the name of gender.
In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:
Suspension of Vacation to Family Courts till Disposal of all long pending Cases (More than 1 year):
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
- The Family Courts to officially suspend the vacation to the benches till the time limit of Six months is met.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
- Induct more judges and extend the court timings to late evenings and over Sundays also.
Automatic Divorce in case of IPC 498A or Domestic Violence case
- The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case or a Domestic Violence case, automatic divorce to be granted on application for divorce by either of the spouse.
Perjury
- The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests.
Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!!
With profound respects,
Suresh P Mahesh M
President, General Secretary
—————————————————————————————————————————————————————————
Memorandum regarding the Inordinate Delays of Family Courts
Submitted to
Hon’ble Principal Judge
Family court of Bangalore, Nyaya Degula
We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.
Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.
After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.
We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.
We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates
- Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents
The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are.
By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.
The President, The Prime Minister, The Chief justice of India, The Law Commission and The Speaker who are the highest constitutional functionaries of our nation are on record acknowledging the existence of corruption, unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation.
We are part of the “Family Harmony Society” which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of family laws and judicial system in all its forms and Manifestations.
Honestly concerned about the draconian methods of implementation of the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests who are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
Our country is already divided in the name of language, religion and geographic region. But these gender-biased laws are bringing in another dimension of division of our society in the name of gender.
In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:
Disposal of Cases:
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of one year.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
Reforms in Mediation Counseling and Pleadings
- Banning the presence & pleadings by Advocates in the family Court and Mediation.
- The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.
- The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
- The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
Child Custody matters:
- The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
- The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
- We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
- We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
- The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
Interim Orders
- The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
Perjury
- The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with dharnas, Public Fasting and resort to other democratic means of protests.
Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!!
With profound respects,
Suresh P, 9880141531 Mahesh M, 9845448472
President, General Secretary
Memorandum regarding the Inordinate Delays of Family Courts, Bangalore
Memorandum regarding the Inordinate Delays of Family Courts, Bangalore
Submitted to
Hon’able Mr. Veerappa Moily, Hon’ble Minister, Law & Justice,
Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001
We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.
Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.
After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.
We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.
We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates
- Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents
The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are.
By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.
The President, The Prime Minister, The Chief justice of India, The Law Commission and The Speaker who are the highest constitutional functionaries of our nation are on record acknowledging the existence of corruption, unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation.
We are part of the “Family Harmony Society” which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of family laws and judicial system in all its forms and Manifestations.
Honestly concerned about the draconian methods of implementation of the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests who are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
Our country is already divided in the name of language, religion and geographic region. But these gender-biased laws are bringing in another dimension of division of our society in the name of gender.
In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:
Disposal of Cases:
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of one year.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
Reforms in Mediation Counseling and Pleadings
- Banning the presence & pleadings by Advocates in the family Court and Mediation.
- The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.
- The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
- The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
Child Custody matters:
- The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
- The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
- We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
- We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
- The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
Interim Orders
- The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
Perjury
- The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with dharnas, Public Fasting and resort to other democratic means of protests.
Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!!
With profound respects,
Suresh P, 9880141531 Mahesh M, 9845448472
President, General Secretary
Public Intrest Litigation – PIL in Karnatak High Court regarding misuse of multiple provisions of maintenence to wives
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
W.P. No.9186/2010(PIL)
BETWEEN
P.Suresh and another . . . . Petitioners
AND:
Union of India and others . . . . Respondents
SYNOPSIS
The petitioner’s society is registered under Karnataka Societies Registration Act, 1960 (Karnataka Act No.17 of 1960). The aims and objectives of the society are to promote family harmony in society and to create awareness for gender equal society. The petitioner’s society is mainly fighting against the women who are misusing the laws which made for the needy women.
The petitioner’s society has launched its branch in Bangalore in the year 2005 but registered the same in the year 2009. Petitioner’s society has conducted candle march to protest against women centric laws which are being misused by the women. Petitioner’s society has given several press conferences wherein it has been clearly stated that they are fighting against the misuse of law.
The present petition is filed to give appropriate directions to the central governments to take appropriate steps to mandate law commission to study how the maintenance laws can be simplified and to put an end to multiple maintenance practice.
Bangalore Party-in-person
18-03-2010
FHS files PIL in Karnataka HC re heavy misuse of Multiple provisions of maintenance to estranged wives
PRESS RELEASE
Subject: “Family Harmony Society” has filed a Public Interest Litigation (PIL) in the honorable High Court of Karnataka regarding heavy misuse of multiple provision of maintenance to estranged wives.
About Family Harmony Society: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Multiple provisions of maintenance: In case of a matrimonial dispute between husband and wife there are many provisions in law in the form of various Act, CrPC etc wherein an estranged wife can claim maintenance from her husband.
Reasons for filing PIL:
- “Multiple Maintenance” results in “Double jeopardy” which is barred in the Constitution of India.
- It results in harassment for the husbands who have to run from one court to another to stand trial which is against natural justice.
- It results in tremendous stress for the already overburdened judiciary.
- Double maintenance is against the natural justice, which is right of every citizen under Constitution of India.
- Even though there are arguments that the scopes of these different Acts are different but the relief and end result is same i.e. monetary relief or in other words maintenance.
- If at all estranged wife feels that the maintenance amount awarded is less she has always the option to approach higher court for revision, there is no need at all to rush to another court to file fresh petition.
- Laws passed by parliaments in these contexts are meant for the needy wife’s who are unable to maintain themselves. They are not intended for enrichments or for providing luxury by filing Multiple Maintenance.
- The issue raised is not against wife but a relief for husbands facing harassment and stress due to Multiple Maintenance.
- In case of matrimonial disputes typically there are many cases between them and most of them are initiated by wife against husband. If the Multiple Maintenance issue is abolished or simplified then it will give a bit of relief to husbands.
Survey conducted by “Family Harmony Society”: In order to analyze the magnitude of the problem of “Multiple Maintenance” we conducted an survey. The results of the survey are attached herewith.
Demands of “Family Harmony Society”
- Put an end to the bad practice of filing multiple maintenance cases by estranged wives by directing the lower courts to entertain only one petition of maintenance.
- Direct the Union of India to mandate Law commission or setup another commission to study how the maintenance laws can be simplified.
- We seek relief for the suffering husbands to seek appropriate directions and orders from this honourable court till such time parliament passes appropriate amendments to the existing laws.
To obtain a soft copy of the PIL and for more information please contact:
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
FHS supports Sunfeastworld10K Marathon to protest against Marathon delays in disposing matrimonial disputes
P R E S S R E L E A S E
Sunfeast WORLD 10K Family harmony Society
Our NGO supports Sunfeastworld10K Marathon to protest against Marathon delays in disposing matrimonial disputes like Divorce, Child custody in Family Court. We dedicate this marathon to the suffering Women and Men in Family Court, Bangalore due to severe delays in settling disputes.
About Family Harmony Society®: “Family Harmony Society®” FHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / www.498a.org.in.
Issues faced by litigants in the Family Court:
“It takes many years before a case is decided in the family court. The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust. The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.” Said President of Family Harmony Society, P Suresh
“Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts. In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.” Said General Secretary of Family Harmony Society, M Mahesh
“Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents.” Said Executive member of Family Harmony Society, Raghvendra Naik
Demands of the Family Harmony Society®:
“The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months. The Family Courts to officially suspend the vacation/summer holidays to the benches till the time limit of Six months is met.” Demands General Secretary of Family Harmony Society, M Mahesh. He further asks that “when the litigants are suffering so much then how can Court go on vacation leaving behind huge pile up of cases.”
“Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also. The Family Courts to officially state that no new cases to be taken till the old ones are disposed. All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.” is the demand made by President of Family Harmony Society, P Suresh
“Presence & pleadings by Advocates in the family Court and Mediation Centre should be banned. The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs 10, 000/= per case payable by the spouses equally.” Said Executive member of Family Harmony Society, Ritesh Saxena.
“The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays” Said Executive member of Family Harmony Society, Uday Reddy.
“The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse because when the husband and his family members are arrested and the dispute has reached to police station and courts then there is no logic is mediating the warring couple” Said Executive member of Family Harmony Society, Kiran
“The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard. The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.” Demands Executive member of Family Harmony Society, Umesh G
“The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.” Demands Executive member of Family Harmony Society, Vikas
“The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.” Said executive member of Family Harmony Society, Vinod
“The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. Spouses making false allegations are to be punished.” Said executive member of Family Harmony Society, Prasad
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
&
FHS held seminar regading “breaking of families” due to heavy misuse of “gender biased laws”
P R E S S R E L E A S E
International Day of Families – 15 May, 2010
How the Gender biased laws in INDIA are breaking families
About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
On the occasion of International Day of Families – 15 May, 2010, Family Harmony Society® held Seminar at its weekly meeting at Indira Nagar, Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.
The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. As a result, the big fat Indian weddings are getting bigger while marriages are getting weaker and shorter. Houses are getting bigger while the hearts are shrinking and the Indian household is shattering into pieces.
Sadly, the United Nations, while observing a special day to highlight the importance of families, is simultaneously contributing to the destruction of the family in many countries around the world, including India, by sponsoring policies and laws which are harmful to the Family.
Criminalization of marriage and family relationships
Several decades ago, under the garb of equality, the communists and feminists the world over have undertaken the systematic destruction of the Family. They have portrayed marriage and family as oppressive institutions for women. They have projected understanding and tolerance to build harmonious marital relationships as a form of slavery. They have portrayed men as criminals and aggressors, and women and children as hapless victims who need to be rescued from them. They have pushed for importing of senseless anti-family laws to India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.
Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.
In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.
New weapons of family destruction or more lethal versions of existing ones are always on the anvil, thanks to anti-male, anti-family organizations, and one is never sure when and how they will strike another death blow on the family.
Legal Sanction of homosexual relationships, live-in-relationships, pre- and extra-marital relationships
After creating various fetters to discourage heterosexual marriage and normal family relationships, there is an upcoming trend of granting legal sanction to hitherto unacceptable homosexual relationships, live-in-relationships, pre- and extra-marital relationships through outrageous remarks and judgments by the judiciary, and even laws made by our elected representatives.
Sexual Freedom i.e. an individual’s right to have unrestrained sex with anyone appears to be the basis for women’s rights. The National Commission for Women (NCW) encourages adultery by women by seeking legal measures for an adulterous wife to claim maintenance from her husband. In other words, a husband is obliged to maintain a woman who is sleeping with someone else! Also, adultery by a man is a criminal offence, but adultery by a woman is, at best, equivalent to a woman’s sexual expression and liberation, and at worst, a civil wrong.
While the NCW is spearheading a sexual revolution, ultra-liberal celebrities like Khushboo are encouraging women to abandon the ideals of premarital virginity and marital fidelity as vestiges of worthless Indian morality. According to them, promiscuous sex should be seen as a morally indifferent and innocuous source of pleasure. How innocuous this source of pleasure can be is indicated by the rates of teenage pregnancies, sexually transmitted diseases, abortion and foeticide, illegitimacy, and adolescent crime in the Western countries.
American author and judge, Richard Posner, aptly notes in his book Sex and Reason, the “freer women are sexually, the less interest men have in marriage.” With demands for maintenance to an adulterous wife, one should not be surprised, if, in a few years, Indian men, on a large scale, will shun marriage like their Western counterparts, as marriage is not a necessary ticket to a woman’s bedroom. NCW seems to want to transform women into easily disposable sex objects so that there are more and more abandoned, destitute, frustrated, angry women, who hate themselves and men, and NCW’s survival is guaranteed for many more generations.
Promoting a fatherless society
Enjoying the love and affection of both parents is not only a basic right of children, but it is also important for a child’s normal development. Disregarding children’s welfare and best interest of children, anti-family laws have been designed to violate a child’s right to the love and affection of both parents.
Statistics from the United States reveal that, compared to children in intact families, children in fatherless homes are:
- 5 times more likely to commit suicide
- 32 times more likely to run away from home.
- 20 times more likely to have behavioral disorders
- 14 times more likely to commit rape.
- 9 times more likely to drop out of high school.
- 10 times more likely to abuse chemical substances (become drug addicts)
- 9 times more likely to end up in a state-operated institution
- 20 times more likely to end up in prison.
In addition, 3 million teenage girls have sexually transmitted diseases, and at least 1 out of 4 teenagers in the age bracket 14-19 suffers sexually transmitted diseases.
While there is ample evidence to show that children need both parents, Indian “family laws” have stolen the right of a father to love and care for his children, but impose unlimited financial responsibilities on the father. Giving unfettered right of access to children to the mother and little or no visitation to the father is the order of the day. Custody laws allow for passing of ex-parte orders to take away the custody of a child from the father on the sole basis of the self-serving affidavits of a complainant woman. In fact, false allegations of abuse are made and cases filed under IPC Section 498a and Domestic Violence Act as a means to strategically eliminate fathers from children’s lives.
The few fathers who succeed in getting visitation orders are left with just the paper orders which even the courts which passed them are unable to uphold if disobeyed by the mother. Fathers who try to make contact with their own children are labelled kidnappers and are constantly under the fear of being arrested unless they give up their desire to see their children.
Why this trend continues and who benefits?
The realization of the communist’s and feminist’s dream of female sexual revolution, responsibility- free relationships, and fatherless homes comes with a huge price tag, which includes the destruction of marriage and the family, increase in the number of illegitimate children, legitimate but fatherless children, juvenile and adolescent crime, unwanted pregnancies, abortion, and numerous abandoned and frustrated women. There is also an increase in the number of men committing suicide or murdered by abusive or adulterous spouses.
These dangerous trends continue because most common men are unaware of what is brewing in the name of women’s rights and empowerment. Many of those who are aware think, “I am a good person, and those who are complaining must have done something to deserve the suffering”. Most others think this hue and cry about destruction of the family is a joke. It is certainly no joke, and the thousands of men who have been jailed along with their families, rendered homeless and deprived of their children will tell you why. If not, you can be sure that before you realize it, your own family or a family you know could fall prey to the vicious agenda of radical ideologues.
These harmful trends prevail because people are ignoring the fact that marriage and monogamy are a result of social evolution with inherent benefits and costs to both sexes, involving a lot of compromises and adjustment. Many do not understand that partner violence is a reality but it happens because of three reasons (1) Psychological problems (2) Addictions and (3) Criminal tendencies. Many do not realize that majority of partner violence occurs due to the first two reasons, that violence due to criminal tendencies is very rare, and most importantly, that partner violence is not gender-driven.
Meanwhile, everyday, scores of marital discords are being escalated into criminal cases and legal battles. They give a sense of instant gratification, revenge or a false feeling of control to a disgruntled woman and her family, but in reality, the only people who benefit from this are middlemen – women’s organizations, police, lawyers, judicial officers and court staff – who are eagerly scavenging to get rich at the expense of the decaying family system, not realizing its consequences to their own families and the future generations.
The way ahead
The Universal Declaration of Human Rights states, “the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State.” It also states, “men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution. “
The import of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-family laws as a major factor contributing to the increasing abuse of the elderly in India. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. Many young men have lost the most productive years of their lives fighting false allegations of abuse. There are also an increasing number of unhappy single women and mothers, as the one and only institution that had served as the source of constant support and protection for the woman is now under severe threat.
Unless all responsible citizens rise up against the tyranny of anti-family laws and the system that implements them, there is no hope of survival for the Indian Family.
Resolution by Family Harmony Society…
On the occasion of International Day of Families, Family Harmony Society will be passing a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws.
A Joint Action Committee will be formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.
Appeal to the Government
We appeal to the Government, media and society to play a positive role in strengthening the institution of Family instead of precipitating its destruction. The Government of India should NOT allow radical, anti-family organizations or individuals to take part in making or amending laws. The media should stop sensationalizing family disputes and spreading half-truths either in the name of news or entertainment. Every member of the society should understand that the Family is our only system of social security, and must reject laws, policies and activities which harm our families.
Helpline operated by FHS in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
FHS submits its suggestions to “Committee on Subordinate Legislation” regarding DV Act
PRESS RELEASE
Subject: “Committee on Subordinate Legislation” has invited Comments/Suggestions on “Protection of women from domestic violence rules, 2006 (Bill No.: G.S.R. 644(E))” from individuals/organizations/institutions/experts on the working and efficacy of the said Rules. “Family Harmony Society” has submitted its written Comments/Suggestions on the above mentioned subject to the committee. We have also asked for oral pleadings in front of the committee members headed by senior MP Smt Najma Heptullah.
About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization [NGO] promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. “Family Harmony Society”, a men’s rights organization, creating awareness about the “Legal Terrorism” spread by misuse of marital laws like Section 498(A), Domestic Violence Act, etc.
Main highlights of our Comments/Suggestions submitted to the committee: In order to alleviate the sufferings of the victims of the misuse of the PWDVA, we have submitted following list of proposals and suggestions for the kind consideration of the said committee.
- 1. Remove the word, “Women” from the name:
“The Protection of women from domestic violence Act” and the Protection of women from domestic violence rules, were framed and legislated based on a myth and assumption that only women under go domestic violence. The parliament has not considered the fact MEN are equally vulnerable to domestic violence in the hands of a female or another male. Numerous incidents of domestic violence on males covered by press & media, clearly showing the evidence of violence on males, have been ignored by the parliament. We strongly request to make the said Act and the Rules “gender-neutral” by providing protection to MEN as well.
- 2. Provide protection to children/Senior citizens:
Anybody can be a victim of Domestic violence, including children, infants, teenagers and senior citizens. They can become victim in the hands of their own blood relatives including the mothers of the children and the sons & daughters-in-law of the aged parents. Senior citizens are mostly abused by the daughters-in-law more so by the misuse of these women-biased laws. Therefore, we sincerely request to increase the scope of the said Act and the Rules beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.
- 3. Include punishment clause in case of misuse:
The Protection of women from domestic violence Act is one of the most misused laws in our country apart from IPC 498[A]. This law is being misused by many of the young, educated & intelligent women with corrupt intentions to satisfy their greed, grudge & fantasies. The misuse of the Protection of women from domestic violence Act is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse of this Act. There is an urgent need to introduce a punishment clause in the Protection of women from domestic violence Rules.
- 4. Remove live-in relationships out of the context of the Rules:
Live-in relationships are like organized prostitution. If we don’t discourage live-in relationships then we will end up promoting polygamy which is not permitted as per law. There are no rules defined under Live-in relationships. This is nothing but a different concept of prostitution and nothing but polygamy. The committee needs to look into this issue and ensure that the Protection of women from domestic violence rules does not cover live-in relationships.
- 5. Automatic Divorce decree should be passed on moving an application by the respondent husband:
On mere application of common sense one can conclude that a woman who is claiming domestic violence by her husband cannot be presumed to live with him any longer. More so when she is claiming for the reliefs of Protection, Residence, Maintenance orders as per the existing Protection of women from domestic violence rules. When a woman comes forward, complains and claims for these reliefs, then that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again. In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court.
- 6. Remove protection officer:
The Protection officer’s role is to only record the Domestic Incident report without any verification or collection of proof. Often this is done after filing the application to the Magistrate and only for the sake of process, nothing more than that. The officer will not have any role in investigating the alleged domestic violence, it is only limited to writing down the false statements and filling the report as per the wishes of the wife’s advocate. It is mostly noted that the job of the PO is just to tick mark most of the rows in the DIR on the insistence of the wife. The role of a Protection officer is absolutely unnecessary and should be removed.
- 7. Remove sole testimony:
Because of the rampant misuse of the Protection of women from domestic violence Act the sole testimony of the woman cannot be taken as a sole witness or as occurrence of violence. Even the Honorable Supreme Court of India in 14Feburary2010 observed that “in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.” The trial under this Act should be made in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.
- 8. Interim Orders:
We object to the delay on the main case proceedings due to the delay on passing of orders on the interim applications. Normally it is seen that there is a delay in passing of interim orders and on this ground the considerable delay on the main case. Even though the “Rules” stipulates that preferably the case should be heard and decided within 60 days but this provision is hardly followed by any court. The magistrates shall ensure that interim orders are passed at the earliest and at the discretion of the officers and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
- 9. Perjury:
We object that due to various loopholes in the “Act & the Rules” the spouse are trading wild and false allegations at each other. As there is no provision of punishment in the “Act & the Rules” hence there is no fear in the mind of the litigants and they are indulging in leveling baseless and wild allegations against each other. This is deplorable and results in considerable delay of the proceedings. The magistrates shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of domestic violence, cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
- 10. Enforce strict adherence to section 6 – Application to magistrate:
If a defined rule is not followed then that leaves a chance for misuse. This rule has defined a very neat application form to be addressed to the Magistrate. As per this rule the complainant woman is supposed to fill-in the details of the breakup of the monetary reliefs that she is claiming <<Please refer page.67 in the rules PDF file under the heading – “Monetary reliefs under section 20″>>. But the complainant women do not follow this rule. This leads to claiming of exorbitant amounts of maintenance to the tune of lakhs of rupees. Claiming exorbitant amounts of maintenance is nothing but misusing the provision which is meant to protect women. It is impossible to believe that with the current economic conditions prevailing in our country that a woman would need lakhs of rupees of money for basic necessities like food, cloth, and medicines. We have seen cases where the maintenance amounts have been claimed in the range of 25,000/-, 50,000/- to 200,000/- per month. Maintenance includes only the basic necessities i.e., food, cloth, medicines & shelter. In any city in our country these basic necessities will not cost thousands & lakhs of rupees per month. The magistrates are supposed to pass orders ONLY for these basic necessities and other house hold expenses which should never run into thousands of rupees as claimed in some cases. The Act itself mandates that the maintenance amounts should be fair, just & reasonable. But this is hardly followed. We therefore pray for strict adherence to this rule, else the application should be rejected if there is not breakup given for the monetary relief claimed.
- 11. Enforce camera recording of the counseling under section 14 – Counselors:
We strongly deplore to the use of the said “Act” being used as a blackmail tool. The said “Act” must be used for the needy women rather being misused by greedy women. In traditional cases of misuse, women will insist on registering the case & punishing the accused/respondent during counseling/mediation. But later they deny that they did not insist on registering the case or that they registered in a fit of rage. In order to stop this particular misuse of this Act as a black mailing tool, we propose to do camera recording of the counseling/mediation done by the counselors if the accused/respondents wishes so.
- 12. Enforce mandatory accommodation in shelter homes under section 16 – Shelter Homes:
Shelter homes must be provided for the affected victims. When a woman undergoes domestic violence it may not be possible for her to continue to live with the accused/respondent. So, in order to protect these women, the women should be mandatorily accommodated in Govt. sponsored Shelter Homes. The cost for the accommodation may be put on the accused/respondents. The cost will be for her maintenance as per the prevailing rates as declared by the Government.
For more information please contact:
P Suresh, President, 9880141531 M Mahesh, General Secretary, 9845448472
Family Harmony Society Family Harmony Society
FHS submits MEMO to Hon’able Governor regarding inordinate delays in the matrimonial cases
P R E S S R E L E A S E
Subject: Members of the NGO, “Family Harmony Society®”, have today submitted a petition to Honorable Governor, Karnataka, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR) and other cases relate to Family Court, Bangalore.
About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Issues faced by litigants in the Family Court Bangalore:
ü It takes many years before a case is decided in the family court.
ü The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
ü The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.
ü Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.
ü In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.
ü Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents.
Demands of the Family Harmony Society®:
ü The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months.
ü The Family Courts to officially suspend the vacation/summer hoildays to the benches till the time limit of Six months is met.
ü Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also.
ü The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
ü All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
ü Banning the presence & pleadings by Advocates in the family Court and Mediation.
ü The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs 10, 000/= per case payable by the spouses equally.
ü The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
ü The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
ü The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
ü The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
ü We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
ü We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
ü The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
ü The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
ü The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. Spouses making false allegations are to be punished.
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
Indian Husbands are treated worst than “Ajmal Amir Kasab”
P R E S S R E L E A S E
Subject: Indian Husbands charged with biased matrimonial laws, made to deal with family disputes, between husband and wife, such as IPC 498A, CrPC 125, Domestic violence Act, Hindu Marriage Act etc, are treated worst than “Ajmal Amir Kasab”, Pakistani terrorist, who is charged with the deaths of 166 Indians and foreigners, has been pronounced guilty of all charges by a special court in Mumbai.
About Family Harmony Society: “Family Harmony Society” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Why only MEN and Husbands?: Let us clarify that we are not against Women. Many people ask FHS activists why this NGO was formed and what is unique about you? “This NGO was formed in 2005 in Bangalore and is having presence in 16 states and in abroad too. We formed this NGO to protect and fight for the rights of the MEN. Everyone is concerned only about the rights of women but the society and Governments has forgotten about MEN’s right” says FHS activists?
“When there is a ministry for even animal (Animal Husbandry Ministry) why not for MEN?” asks FHS activists and demands a ‘MEN’s welfare ministry’.
“In case of matrimonial disputes between husband and wife all the related laws are made heavily in favor of estranged wife, giving no chance to husbands or his parents to defend. Why husbands are treated worst than criminals and terrorist?” asks FHS activists?
“Ajmal Amir Kasab was provided with free Government advocate and even though everyone knew he is guilty, enormous amount of resource of Government and Judiciary was wasted for his trial, but in case of matrimonial disputes when an estranged wife file a false complaint under IPC 498A, all the members of the husbands including females members like mother-in-law, sister-in-law and age old grandfather, grandmother are immediately arrested and sent to jail. Even minor children are not spared. What crime we have done? Are we worst than Ajmal Amir Kasab that without proving any charges we are arrested and sent to jail? Why each and every failed marriage is branded as Dowry case? Why each and every wife’s death is converted to dowry death case without an iota of proof and evidence” FHS activists had asked these uncomfortable questions to the Government?
- Between 1995 to 2008, total of 2481660 males were arrested by police for all cognizable offence and the corresponding figure for male in 2008 was 2713971 which on sequential base is an increase of 9.36%. In 1995, total of 106079 females were arrested by police for all cognizable offence and the corresponding figure for female in 2008 was 168315 which on sequential base is an increase of 58.67%. “So it is clear that Women criminals are on rise but in our country MEN are considered worst than terrorist. Why this discrimination?” Asks FHS activists.
- An analysis of the data released by National Crime Records Bureau – www.ncrb.nic.in, between 1995 to 2008, shows that the suicide rate of MEN is increasing at an alarming rate compared to Women and most of it is attributed to “family problems”. “So government data itself shows that MEN are overburdened with responsibilities and Women are asking for equal rights but are not ready to share equal responsibilities. Why this third rate treatment to MEN?” asks FHS activists?
NCRB suicide data shows one married man commits suicide every 9 min
| Year | Male | Female | Total |
| 1996 | 51206 | 37035 | 88241 |
| 1997 | 56281 | 39548 | 95829 |
| 1998 | 61686 | 43027 | 104713 |
| 1999 | 65488 | 45099 | 110587 |
| 2000 | 66032 | 42561 | 108593 |
| 2001 | 66314 | 42192 | 108506 |
| 2002 | 69332 | 41085 | 110417 |
| 2003 | 70221 | 40630 | 110851 |
| 2004 | 72651 | 41046 | 113697 |
| 2005 | 72916 | 40998 | 113914 |
| 2006 | 75702 | 42410 | 118112 |
| 2007 | 79295 | 43342 | 122637 |
| 2008 | 80544 | 44473 | 125017 |
| Total | 887668 | 543446 | 1431114 |
NCRB suicide data: Who needs protection? MEN or Women?
Demand of Family Harmony Society…
- Fight for gender equality.
- Make all family related laws gender equality.
- A ministry for “MEN welfare”
- Make a provision for Men to complaint for domestic violence.
- To bring 498a under civil law.
- To make 498a bailable.
- No arrest before proper investigation.
- No arrest before the written approval of an officer not below the rank of ACP in case of 498a & Dowry Death.
- No arrests of age old parent and children.
- Dispose Divorce and child custody cases within 1 years.
- Abolish same relief under different act. E.g. a woman can seek maintenance under DV Act, Crpc 125 and HMA (Hindu Marriage Act).
Helpline operated by FHS for MEN in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
Survey regarding heavy misuse of DV Act
PRESS RELEASE
Subject: “Family Harmony Society” has conducted an online survey through its website www.498a.org.in and www.family-harmony.org regarding heavy misuse of Domestic Violence Act. The survey was conducted over a period from 23-feb-2010 to 01-April-2010. The results of the survey are published herewith. These survey results are also being submitted to Shri Mahesh Tiwari, Jt. Dir., Rajya Sabha Secretariat, for consideration of the Committee on Subordinate Legislation who have invited views of various NGO’s in regard to Domestic Violence Act.
About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Reasons for conducting the survey:
ü To demonstrate heavy misuse of the “Domestic Violence Act” by greedy women.
ü To find out the reasons and motive for heavy misuse.
ü To demonstrate that “Domestic Violence Act” has only been enacted by parliament for “young married women” whereas all other women such as sisters and mothers of the husbands have been completely ignored.
ü To find out the opinion of the husbands towards judiciary.
ü To find out the extent of misuse by women.
ü To find out the reasons of wife putting wild and imaginary allegations against husband.
ü To find out the age, qualification of the majority of husbands.
ü To find out other details such as number of children out of the marriage.
Main highlights of the survey:
ü Majority of the husbands are in the age group of 25-34 years. It clearly shows that “Domestic Violence Act” is being used as a tool to harass the husbands in a failed marriage.
ü Majority of the husbands have completed post graduation. It is far from true that highly educated persons will engage in wife beating.
ü Majority of the people have at least one child born out of the marriage.
ü The majority of allegations against husband are “Dowry Harassment”. When already IPC 498(A) is available for the wife to use in case of cruelty even then wives are filing another case of “Domestic Violence Act” with an intention to harass husbands.
ü Majority of reasons why wives are putting false allegations against husband are:
- She wants her husband to throw/cut off relations with his parents/family
- She listens to and acts in accordance with her parents’ wishes at all times
- She does not wish to adjust with the husband’s family or take on any domestic responsibilities
- Her father/brother is hen-pecked and her mother dominates her family
- She lacks discretion in dealing with her married life
- She blackmails & intimidates her husband, his parents & siblings to fulfill unreasonable demands
- She opposes every word of her husband, his parents, siblings, etc.
- She is possessive and suspicious & is control freak
- She/Her family has some political connections and threatens
- She is used to living beyond her means
- She is suffering from pre-existing mental/medical Problems
- She had a relationship prior to her marriage and is still maintaining it
- She has lied about her educational level and has been caught
ü Exparte orders are being passed against husbands even without their knowledge.
ü In response to a question asking suggestion to improving the Domestic Violence Act, following are the response.
- Introduce punishment clause for misuse of DV Act.
- Introduce stringent time limits for disposition of case under DV Act.
- Make DV Act gender neutral so that husbands, senior citizens also can make a complaint in case of Domestic Violence against them..
- Multiple proceedings against husbands in various courts should be clubbed so as to save husbands from attending multiple court dates for the same allegations in all similar cases.
ü In response to a question whether Domestic Violence Act is being misused, an overwhelming 162 people told that the Act is heavily misused.
ü An overwhelming 133 people told that the Act is not needed at all when already provisions of IPC 498(A), CrPC 125, HMA and other reliefs are available to estranged wives.
ü Majority of people also told that courts in general takes a sympathetic view of women even if they at fault.
ü Majority of people also told that while passing maintenance, courts are considering salary of the husbands rather than deciding the case on merits.
ü An overwhelming majority of people told that courts are passing orders on emotions rather than deciding cases based on law.
For more information please contact:
P Suresh, President, M Mahesh, General Secretary,
9880141531 9845448472 Family Harmony Society Family Harmony Society
FHS submits MEMO to Principal Judge, Family court, Bangalore re inordinate delays in matrimonial cases
PRESS RELEASE
Subject: About 25 members of the NGO, “Family Harmony Society”, submitted memorandum to Principal Judge, Family Court, Bangalore, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR).
About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Issues faced by litigants in the Family Court Bangalore:
ü The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
ü The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.
ü Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.
ü In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.
ü Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents.
Demands of the Family Harmony Society:
ü The Family Courts shall ensure that all matrimonial cases be disposed within a period of one year.
ü The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
ü All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
ü Banning the presence & pleadings by Advocates in the family Court and Mediation.
ü The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.
ü The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
ü The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
ü The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
ü The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
ü We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
ü We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
ü The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
ü The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
ü The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
For more information please contact:
P Suresh, President, 9880141531 M Mahesh, General Secretary, 9845448472
Family Harmony Society Family Harmony Society
FHS submits MEMO to Honorable CJK to suspend summer vacation due huge pendency of matrimonial cases
P R E S S R E L E A S E
Family Harmony Society® submitted MEMO to the Honorable Chief Justice of Karnataka to suspend summer vacation in the family courts due to huge pendency and backlog of cases.
About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.
Demands of the Family Harmony Society® in the MEMO:
Suspension of Summer Vacation in Family Courts till Disposal of all long pending Cases (More than 3 year)
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
- The Family Courts to officially suspend the summer vacation to the benches till the time limit of Six months is met.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
- Induct more judges and extend the court timings to late evenings and over Sundays also.
Automatic Divorce in case of IPC 498A or Domestic Violence case:
The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case or a Domestic Violence case, automatic divorce to be granted on application for divorce by either of the spouse.
Inordinate delays in the Family courts: We are constrained to bring to CJ’s notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
The Memo also listed some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
Helpline operated by FHS in Bangalore…
- 9880141531, P Suresh, President, Family Harmony Society
- 9731569970, M Mahesh, General Secretary, Family Harmony Society
For more information please contact…
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
Family Harmony Society Family Harmony Society
You are also requested to visit…
Candle Light Protest against heavy misuse of 498A
PRESS RELEASE
Subject: Announcing the Candle Light Protest organized by Family Harmony Society – a NGO registered under “The Karnataka Societies Registration Act, 1960”, to promote “family harmony” and “gender equality”, head quartered in Bangalore. FHS is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”.
Candle Light Protest: “Family Harmony Society” has organized a “Candle Light Protest” at Mahatma Gandhi Statue on 14Feb2010 between 17.30 hrs to 19.00 hrs to protest injustice happening to Husbands due to heavy misuse of Gender bias laws such as 498a, Domestic violence act, CRPC 125 etc. Official statistics obtained by our NGO from Government shows that the conviction rate in case of 498a is less than 1% which clearly shows that these laws are being heavily misused by estranged wife to harass husband and his family members. The extent of misuse is so much that even the Supreme Court of India in “Sushil Kumar Sharma Vs. Union of India (UOI) and Ors” case on Jul 19 2005 held that…
“The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what REMEDIAL MEASURES can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”
Objective and demand of Candle Light Protest:
- Make matrimonial laws “Gender Neutral”
- Introduce punishment clause for those misusing “Matrimonial laws”
- Make 498a Bailable
- No maintenance to educated, working and able bodied “Estranged wife”
- Scrap “Multiple provisions of maintenance” such as DV act, CrPC 125, HMA24, HMA25 , Hindu adoption and maintenance act and simply it.
- No arrest in 498a without proper investigation and evidence
For more information please contact:
P Suresh, President – 9880141531 M Mahesh, General Secretary – 9845448472
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