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NFHS sends reality fiction “Just Married: Have You Applied For Bail?” to all 25 Judges of AP High Court

March 16, 2013 Fighting Legal Terror 1 comment

17^th March 2011 / Bangalore

To,

Sri T.Sunil Chowdary, Registrar General,

Andhra Pradesh High Court, Near Govt. City College,

Madina, Charminar, HYDERABAD – 500 066

Subject: Heavy misuse of 498A IPC and launch of Reality Fiction Novel “Just Married: Have You Applied for Bail?”

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The misuse of 498A IPC and other matrimonial laws is an open secret. Even the Hon’ble Supreme Court of India and various High Courts on more than one occasion has acknowledged the heavy misuse of 498A and has termed it as “Legal Terror”. Our NGO has been creating awareness in the society and requesting government from several years that there is a serious need to urgently overhaul all the matrimonial laws and to make all of them “Gender Neutral”.

We have been trying relentlessly over several years to convince the government that crime has nothing to do with gender and anyone can be perpetrator of crime irrespective of gender.

Things would have been still better but for the insensitivity of the Government to make laws only for young married woman. E.g. if we take the example of Protection of Woman from Domestic Violence Act, it does not provide any protection to sisters and mothers of husband even though they are also woman!!

We have been holding Protest, Dharna, PILs, Press Conferences, Protest march, Petitioning Government etc, but of no avail. Government seems to be in no mood to listen to us and has turned a blind eye towards us.

We have high hopes from Judiciary which over several years have been consistently acknowledging heavy misuse of 498A IPC and other gender biased laws. Our NGO has recently published a reality fiction “Just Married: Have You Applied For Bail?” which is more or less in similarity with the sarcastic remark once made by the vacation bench of Justices Arijit Pasayat and G S Singhvi of Hon’ble Supreme court that “Even at the time of marriage, anticipatory divorce petitions are being filed,”

Our NGO has attached a copy of the book for your kind consideration and reading with high hopes that Judiciary will deal with the misuse cases with iron hand so that innocents are not punished and the well intentioned laws are not misused.

As it is not fair on part of any NGO or citizen to directly approach Hon’ble Judges with any grievances or petition, hence requesting you to kindly circulate a copy of the above book to the below list of Judges through your office. Total 25 copies are attached herewith alongwith this petition.

Hon’ble The Acting Chief Justice N.V.Ramana
Hon’ble Ms. Justice G.Rohini
Hon’ble Sri Justice Ashutosh Mohunta
Hon’ble Sri Justice L.Narasimha Reddy
Hon’ble Sri Justice R.Subhash Reddy
Hon’ble Sri Justice K.C.Bhanu
Hon’ble Sri Justice B.Seshasayana Reddy
Hon’ble Sri Justice G.Chandraiah
Hon’ble Sri Justice Ramesh Ranganathan
Hon’ble Sri Justice G.Bhavani Prasad
Hon’ble Sri Justice Nooty. Ramamohana Rao
Hon’ble Sri Justice C.V.Nagarjuna Reddy
Hon’ble Sri Justice R.Kantha Rao
Hon’ble Sri Justice Vilas V.Afzulpurkar
Hon’ble Sri Justice P.V.Sanjay Kumar
Hon’ble Sri Justice B.Chandra Kumar
Hon’ble Sri Justice Raja. Elango
Hon’ble Sri Sri Justice B.N.Rao Nalla
Hon’ble Sri Justice Samudrala Govinda Rajulu
Hon’ble Sri Justice Noushad Ali
Hon’ble Sri Justice N.R.L.Nageswara Rao
Hon’ble Sri Justice K.G.Shankar
Hon’ble Sri Justice N.Ravi Shankar
Hon’ble Sri Justice C.Praveen Kumar
Hon’ble Sri Justice M.S.Ramachanra Rao

Jai Hind!!

With profound respects,

P Suresh, President, 09880141531

National Family Harmony Society

NFHS petition to Justice Verma committee on suggestions rearding RAPE laws

December 30, 2012 Fighting Legal Terror Leave a comment

30^th Dec 2012

Bangalore

To,

Chairman, Hon’ble Justice J S Verma,
Justice Verma Committee,
New Delhi – 110001

Subject: Regarding suggestions, experience, knowledge and ideas from our NGO “National Family Harmony Society®” NFHS regarding possible amendments to the criminal and other laws of Sexual Assault

Dear Sir,

The National Capital Delhi has been witnessing widespread demonstration, protest by members of public and members of some political parties regarding the recent assault on a young woman.

Our NGO condemn the incident in strongest possible words to start with this petition.

But at the same time I express deep displeasure on the advertisement in leading news papers on 25 December 2012 by your committee. I would like to reproduce the opening lines of the said advertisement.

“The recent incident of rape and brutal assault on a young woman in Delhi has shook the conscience of the nation and has triggered a serious debate among jurists, civil society members and women’s groups about inadequacy of the present laws to protect the safety and dignity of women”

No doubt everyone is concerned about the safety and dignity of woman but why the conscience of the society is not triggered by the same brutal assault on her boy friend who was accompanying her and who was also thrashed black and blue? Why the Nation does not want to change/amend the laws to make the MEN also safe on the roads during night? Why Nation is not debating the pain and agony of an entire family of a poor constable who lost his life due to the reckless and irresponsible protest by unruly mob? Why we are not debating how to compensate a constable who lost his life on duty? Is the life of the boyfriend who was beaten black and blue and the poor constable less important in any way?

We hear in media every other day that elderly couple murdered for gain. Why the conscience of this nation is not triggered on such brutal and gruesome murder on innocent and helpless senior citizens who are at the fag end of their life?

If the law is to be amended then why only to amend the law related to woman? Is the life of MEN less worthy?

It is really unfortunate that in this era we are making laws keeping gender in mind. Let us keep in mind that a life of a MAN is worth the same the life of a WOMAN. But since the mandate of your committee is limited to invite suggestions regarding amendments to Woman related laws hence I limit myself to suggestions regarding the same.

While amending the laws let us not get swayed by emotions and sentiments and rather use our senses because it is very easy to demand to hang a person caught by police but you being a retired judge of the Highest court of this country knows very well the way police works in this country. If the police of our country were fair in investigation and efficient in arresting the right people involved in the crime then there is no need of Judiciary at all.

I would offer following suggestions in this regard.

Gender Equality: Let us draw our experience of other section of the IPC which has been dealing with crime against woman. The classic section which comes to one’s mind is 498A IPC which deals with cruelty to wife by husband and his relatives. Similarly Protection of Woman from Domestic Violence Act enacted by parliament to protect woman. Since these laws were made keeping in mind to protect woman with no protection to man hence these laws have been seriously abused and misused. Even as per the own admission of Supreme Court which has termed 498A IPC as Legal Terror. Recently I came across a news article in a newspaper and I have reproduced the news below.

http://www.indiatribune.com/index.php?option=com_content&view=article&id=8737:man-raped-by-a-gang-of-girls-claims-perpetrators-shot-mms&catid=125:general-news&Itemid=400

Man ‘raped’ by a gang of girls, claims perpetrators shot MMS

Dehradun (Uttara-khand): Women it seems have turned the table on men, yet again. A man from Dehradun has alleged that a gang of girls abducted, forcefully had sex with him and filmed the act. He also claims he was threatened with dire consequences if the went to the police.

As per the FIR lodged at Kotwali police station a man was abducted from near the Hindu National College by a group of women, raped and an MMS was filmed of the act.

The complainant claimed that on April 9 afternoon a few women approached him asking for directions. One of them sprayed “something” on his face that made him unconscious. He was then taken to a building and sexually molested by the women. He claims a video was also shot while he was being ravaged.

He was later dumped near bus stand with a warning that he would be killed if he informed the police. Cops are getting him examined by a medical professional and investigating the matter.

Law does not provide the perpetrators of the above crime to be booked under 375/376 of IPC as it is not Gender Neutral. It is an accepted practice worldwide that Criminal Laws should not be made keeping a particular gender in mind because a crime is a crime and should not be differentiated based on gender. Our common sense says that a man murdered by woman deserves the same punishment what a man will get for killing a woman.

I would like to invite your kind attention to the “ONE HUNDRED AND SEVENTY SECOND REPORT” ON “REVIEW OF RAPE LAWS MARCH, 2000″ D.O.No.6(3)(36)/2000_LC(LS) dated March 25, 2000. Section 3.1 of the said reprt recommends following changes to the IPC.

3.1. Substitution of definition of `rape’ by definition of `sexual assault’. Not only women but young boys, are being increasingly subjected to forced sexual assaults. Forced sexual assault causes no less trauma and psychological damage to a boy than to a girl subjected to such offence. Boys and girls both are being subjected to oral sexual intercourse too. According to some social activists like Ms Sheela Barse, both young girls and boys are being regularly used for all kinds of sexual acts and sexual perversions in certain tourist centres like Goa – mainly for edification of the foreign tourists. Sakshi have also recommended for widening the scope of the offence in section 375 and to make it gender neutral. Some of the Western countries have already done this. It is also necessary to include under this new definition (sexual assault) not only penile penetration but also penetration by any other part of the body (like finger or toe) or by any other object.

Explanation to section 375 has also been substituted by us to say that penetration to any extent whatsoever shall be deemed to be penetration for the purpose of this section. This is so provided for the reason that in the case of children, penetration is rarely complete – for physical reasons. So far as the Exception is concerned, we have retained the existing Exception the only change made being in the matter of age; we have raised the age of the `wife’ from fifteen to sixteen. The age of the person assaulted sexually referred to in the clause “sixthly” has also been raised to sixteen from fifteen.

Hence I would strongly suggest to make the IPC 376 Gender Neutral.

Misuse for punishment: There have been recent voices about making death punishment for those committing RAPE. Well there is absolutely no problem in it that the punishment for IPC 375/376 can be enhanced to death punishment but the same must be extended to those who misuse the law and implicate innocent with ulterior motives. It is a matter of common knowledge that criminal laws can be very easily misused. Even 498A IPC which was made with very good intention to protect wife has been seriously misused and abused to such an extent that at several occasion Supreme Court has voiced its concern and even asked Government to consider amendments to it. We are concerned that while amending any laws we must keep the misuse clause in it so that it will deter those who want to misuse it and only genuine victims are able to file complaint. It has also come across recently that a large number of rape cases are being filed by women who were living in live-in relations and once the relation soured then they filed case under Domestic Violence Act and Rape case which is nothing but abuse/misuse of the law.

I would draw your attention to the below news article

http://www.dnaindia.com/india/report_rape-case-against-rahul-gandhi-quashed_1753768

“The allegation is without substance and without an iota of evidence,” a bench of justices BS Chauhan and Swatanter Kumar said on the allegation levelled against Gandhi of rape of a girl in Uttar Pradesh and illegally detaining her along with her parents.

“The reputation of respondent no 6 (Rahul Gandhi) has been damaged by the undesirable act of the petitioner (Samrite),” the bench said.

The apex court further said the petition was “misconceived” and that Samrite abused the process of law on the basis of incorrect statement.

While influential persons like Rahul Gandhi can approach the highest court of this country and get the false case quashed but the common citizen has to wait for several years before false charges against him are proved false by the court of law.

Hence we strongly recommend that severe punishment clause must be added if anyone found guilty of misusing this provision to implicate innocents.

Fast track Court: On case of both 498A as well as 375/376 IPC it has bee observed that it takes many years for the trial to conclude. Hence we suggest that all such case should be conducted only in the session court so as to speed up the case.

In view of the above discussion we suggest following:

We would strongly suggest to make the IPC 375/376 Gender Neutral.

Hence we strongly recommend that severe punishment clause must be added if anyone found guilty of misusing this provision to implicate innocents.

Hence we suggest that all such case including 498A, 375 and 376 should be conducted only in the session court so as to speed up the case.

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Judges

Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror Leave a comment

5^th Aug 2011

Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore – 560001

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Sir,

We are sure that the, you must be concerned about the high rate of Divorce and breaking of families. We have been relentlessly petitioning Government from many years citing various reasons for this trend and have been organizing protests, dharna and procession etc from time to time. But we have not been able to get any concrete proposal from Government to stop the breaking of families.

Alarmed by another disturbing trend in the recent times which can have serious implication in the society, we are writing this petition to you in the hope that concrete steps will be taken in this regard. The trend is the tendency of the courts to pass very high, excessive, exorbitant and unreasonable amount of maintenance awarded to estranged wife in case of matrimonial disputes.

There have been media reports in recent times that amount of 40000/- per month and 40 lakhs etc are being awarded as maintenance amount citing the status of wife, earning capacity of husband etc. While not many will dispute to give reasonable maintenance to wife but at the same time it seems that these orders are being passed as there is no bar on the higher side of maintenance in Law. While most of the discussion in court orders revolve around a reasonable amount of maintenance but there seems to be no clarity, consensus or agreement in the Judiciary on this as can be seen from a widely contrasting orders from different courts.

In our NGO, we have come across a case where a husband has been ordered to pay around 40% of his salary. While everyone seems to be emotionally and heavily biased towards wife, conveniently forgetting that a husband also has aged old parents and could have siblings like brothers and sisters whose marriage and education he needs to support. A broken marriage is not a crime but the Gender biased laws of this country makes sure that in case of matrimonial dispute a husband and all his family members are sent to Jail merely on the allegation of wife, thanks to heavy misuse of 498A IPC.

Coming to the issue of maintenance, passing of 30%, 40% maintenance against husband is nothing but absurd and injustice to husband and his family members. Even if we do a simple calculation and look at our own families, we can easily calculate how much a person needs per month for his/her survival. Just to stress this point with an example, if a person has wife and a child and age old parent and one brother and one sister then his income needs to be divided into 7 parts atleast as son is the main bread earner when parent grow old. It is a matter of common knowledge that a person does not spend everything and saves as much as possible for a rainy day. And also Just because a person has married does not absolve him from taking care of his parent and siblings. Considering all this 1/10^th of a person’s monthly take home salary seems to be reasonable amount of maintenance provided the estranged wife is illiterate and handicapped. If an estranged wife is well qualified and well bodied then her maintenance claim should be rejected outright.

While passing maintenance most of the time the standard phrase is “Husband is well bodied”. Well that is true for women also. Also most of the time maintenance is passed citing the status of the couple. Well a husband might had married a women who is from poor family and husband might be in good financial position and assuming that marriage lasted only for couple of months, can the wife be awarded maintenance on the changed status? It is absurd even to think of that because a significant portion of her life she spent in poor financial status.

While in matrimonial dispute, it seems most of the court orders related to maintenance seems to be passed emotionally rather than as per Law, we should not forgot that a husband also has mother and sister who are also women and whom he needs to support. In fact mother will be aged and in need of financial assistance for her medical needs.

We would also like to invite your kind attention to another important issue which is in dire need of reforms by the Parliament and that issue is of “Multiple maintenance” or in other words “Duplication of Law”. There are more than five sections in Law which enables an estranged wife to claim maintenance from her husband in case of matrimonial dispute. They are Domestic Violence Act, CrPC 125, HMA24, HMA25 and HAMA18. It has become a trend by estranged wife to file all possible section against husband in order to harass him and to extract maximum maintenance.

We would also like to invite your kind attention that “women empowerment” cannot be achieved by “harassing husband” and his family members. “Women empowerment” can be achieved only by making them educated, self reliant and making them skillfully employed. What will happen to women if she is receiving 40000/- per month maintenance and then her Ex-husband dies after few years. Such women will virtually come on road as she is neither employed nor can seek employment without any experience.

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

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,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror Leave a comment

5^th Aug 2011

Bangalore

To,

The Honorable Chief Justice of India,

Supreme Court of India,

Tilak Marg, New Delhi-110 001 (India)

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Sir,

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

NFHS MEMO to CJ Seeking justice for Fathers and Children separated due to marital discords on the eve of Father’s Day

June 16, 2011 Fighting Legal Terror Leave a comment

To 17th June 2011

Hon’ble Chief Justice

High Court of Karnataka

Subject: Seeking justice for Fathers and Children separated due to marital discords

Hon’ble Chief Justice,

We seek your personal and valuable intervention in setting right the gross injustice being done to men and children in matters of matrimonial conflicts where custody of children is granted only to women, with total disregard to the love and affection that fathers and children have towards each other.

Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to fathers, it is limited to 30 min or 1 hour in a month contrary to the requirement of the UN resolution that no child should be denied access to either of the parents.

We are constrained to bring to your notice that Indian Family Courts appear to have declared a war against fathers and are adopting every possible means to create a “fatherless society” and to reduce men to mere ATM machines and sperm donors.

Family Courts have adopted the unhealthy practice of

· Depriving fathers of the right to love and care for their biological children.
· Forcing fathers to pay huge sums of money to support children they are not allowed to see.
· Encouraging false allegations of abuse to paint fathers as unfit parents.
· Permitting multiple legal battles to eliminate biological fathers from their children’s lives.
· Passing ex-parte orders based solely on the allegations made by a child’s mother.
· Allowing mothers to brazenly disobey visitation orders without legal repercussions to them.
· Allowing biological fathers to be labelled “kidnappers” for trying to make contact with their own children.
· Prolonging custody/visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children.

Cases filed in Family Courts linger on indefinitely while wives enjoy full custody of children, interim maintenance and child support at the expense of husbands.

The attitude of the Family Courts in the matters of ordering child custody/visitation, maintenance and alimony is completely biased against husbands.

While there is much emphasis on a wife’s rights on husbands and children, no order is passed on the responsibilities of a wife towards herself and her matrimonial family. Husbands, on the other hand, are heaped with disproportionate responsibilities with no rights over their wives or children.

The brazenly anti-male mindset of Indian Family Courts is making it a crime to be born male in India. The continued onslaught on men and manhood is gradually destroying the faith of men on the system of marriage and societal values as a whole. As a result many men are being forced to commit suicide or shun marriage altogether paving the way for a fatherless society full of single mothers in the future.

We request the Hon’ble Chief Justice to ponder over these issues and contribute towards promoting a congenial atmosphere in the Family Courts for men, women and children.

On the occasion of Fathers’ Day, we wish to make the following demands:

Reforms in Mediation Counseling and Pleadings:

1. The presence of and pleadings by Advocates in the Family Court and mediation process should be eliminated as mandated by the Family Courts Act.
2. Persons who are professionally qualified and have a balanced perspective on family and society should be appointed as counsellors and mediators.
3. Counsellors and mediators should be adequately compensated fixing a rate of at least Rs. 20,000 per case, made payable by the spouses equally.
4. Mediators should be given exclusive powers to decide on dates and adjournments and should be required to conduct mediations and counselling throughout the year without holidays.
5. No in-camera and chamber proceedings should be held unless absolutely necessary and the purpose duly recorded in the Court register.

Perjury

1. Courts should order perjury and contempt proceedings in case of exaggerated statements and false allegations or affidavits related to employment, earnings, cruelty etc. when such allegations are proved to be false.
2. Spouses making false allegations should be punished under the appropriate sections of the Indian Penal Code.

Child Custody matters:

Family Courts should ensure that both parents are given equal custody of children irrespective of the accusations of either party (such as a mother being adulterous or a father being a drunkard). The practice of showing children for 30 minutes or 1 hour like a TV show to a father without providing him an opportunity to demonstrate his fatherly care and affection should be done away with. We strongly denounce the attitude of the Family Courts which consider 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 condemn the belief of the Family Courts that the husband alone is bound to earn and maintain his wife and children, even though the wife is either earning or sufficiently qualified to earn.

The practice of passing orders for monetary compensation, should be done away with and instead, parents should be directed to share the responsibilities like buying medical insurance, pay the school fee, purchase clothes, books etc., for children based on their respective and combined financial capacities.

The following steps should be immediately taken by Family Courts across the country to uphold the rights of fathers and ensure the welfare of children:

· Special fast-track courts should be set up at the earliest to deal with custody issues.
· Exclusive, fully functioning Divisional Bench should be set up in all High Courts and Supreme Court to hear appeals in matters of child custody.
· When a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority.
· Except in extreme cases of violence or unhealthy behavior by either partner, children should be given equal and meaningful access to both parents and grandparents on both sides.
· Both parents should be given financial responsibility of the child proportionate to their earnings and not based on demands made by either partner.
· If a partner prevents a child from having equal and meaningful contact with the other partner, they should be counseled first to understand the importance of equal parenting and the best interest of a child.
· If either partner repeatedly disobeys orders of equal access and meaningful contact with children, then the children should be placed in the full custody of the partner who will allow equal access to the other parent.

We submit that our demands are just and reasonable and that the non-implementation of our demands will result in serious consequences to men, women, children, families and the society as a whole.

We enclose, herewith, the petitions signed by hundreds of fathers in the Family Courts in Bangalore. We look forward to your prompt intervention and necessary action in this regard.

Sincerely,

Jai Hind!!

With profound respects,

Suresh P Mahesh M

President, General Secretary

9880141531 9731569970

Categories: Judges

NFHS petition to Chief Justice karnataka

January 15, 2011 Fighting Legal Terror Leave a comment

NHFS/150111/1 15/January/2011

To, Bangalore

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore – 560001

Subject: Regarding non availability of typist in the newly constituted IV, V and VI Family Court, Bangalore

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

At the onset we are grateful to yourself for the proactive measures taken by your office for granting additional family courts to reduce the huge pendency of matrimonial matters, which was one of the long standing requests to the Honorable High Court from our NGO.

Even though the new family courts have started functioning but there are no typists in the new court halls which is severely hampering the work of the newly constituted courts. This in turn is defeating the very purpose for which these courts were constituted i.e. to speed up the matrimonial cases thereby frustrating litigant and advocates who come to the court just to be told the non-availability of typist. For all practical purpose the new court halls are functioning only for the purpose of giving next dates.

We kindly request you to kindly look into this matter at the earliest on a priority and urgent basis so that these new court halls start functioning effectively.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Judges

Judicial Reforms in Family Court-The Honorable Chief Justice of India

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/4 03^rd August 2010 / Bangalore

To,

The Honorable Chief Justice of India,

Supreme Court of India, Tilak Marg, New Delhi-110 001 (India)

Subject: Judicial Reforms in Family Court, Bangalore.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

We seek your personal attention and intervention for Judicial Reforms in Family Court, Bangalore.
Justice Arijit Pasayat, heading a vacation Bench, orally observed that the Hindu Marriages Act “has broken more homes than uniting.” He said: “The growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.” In a lighter vein, he said: “Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.”

The Youth and Vigor lost due to delayed and unending proceedings at the corridors of Justice by the young women and men due to matrimonial discord cannot be recouped. While appreciating the difficulties and constraints faced by The Judiciary in resolving Family Disputes, we would like to highlight the torture and injustices meted out to the litigants and seek your personal intervention to sort out the issues. We feel embarrassed like the Beggers pitying the Donor. With deep regret we invite your kind attention to the patriarchal and gender-biased attitude of the presiding officer’s writ large against the husbands in the matters of awarding maintenance & child custody are driving the men to the extent of committing suicide and losing their valuable lives.

Present status at family court, Bangalore: We understand that thousands of cases, which are many year old are pending disposal before the 4 family courts at Bangalore. In the last 2 years many presiding officers were transferred and one of the family courts did not have a presiding officer for a long time. We give below the sad state of functioning of the Family Court, Bangalore.

1. The concept of amicus curie as envisioned u/s 13 of the Family Courts Act is grossly violated without understanding purport benefit of the clause. The advocates are given a free hand in the name of amicus curie that is expected only to assist the presiding officer. Each party is permitted to engage an advocate in the name of amicus curie which is defeating the very purpose of the legislation. They hijack the issues on procedures and rules besides leading to intimidating atmospheres both to the presiding officer and litigant.
2. The section 10(3) of the Family courts act bestows ample leg room for the presiding officer to have flexible procedures but this provision is hardly used for the benefit of the litigant. Particularly the provision of recording the evidence as gist is not followed and evidence of witnesses are recorded at length.

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

4. The rules required to be framed for the Family courts as suggested by the National Commission for Women are ignored leading to anarchy in Family Courts.
5. Almost all cases are consecutively adjourned routinely by a minimum period of 2 months.
6. Knowing very well the trial can be started only after 2-3 years the physical presence of the litigants are religiously insisted upon on every hearing.
7. Interim orders for custody of child or maintenance as a matter of routine is awarded not before many months on filing the application and almost detrimental to the interest of the child as well as the father.

8. When both parties are deliberately lying under oath in the matter of proof of earning, allegations of harassment the presiding officers do not show any inclinations to take action for contempt of court or perjury.
9. The conciliation and mediation procedures under sec 9 of Family Courts Act are more abused only to drag on the proceedings at least for about 6 months as if mediations are mandatory. While mediations become impossible in a 498A IPC case or in adultery or void claims or impotence of parties are mechanically referred to mediations resulting into further escalation of tension & violence.

10. When both parties seek divorce on different grounds/allegations the matter is unnecessarily dragged for years under the illusionary concept that “Family Courts are for Uniting Couples”. It is a futile exercise attempting to unite warring couples.
11. What the relatives and the social circle cannot achieve is sought to be achieved that too by an over burdened presiding officer. Even assuming a few couple could be united; the untold trauma undergone by majority of the other warring couples is to be gone through to understand the crux of the problem raised.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of 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.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Judges

Judicial Reforms in Family Court-Hon’ble Chief Justice of Karnataka

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/9 03^rd August 2010 / Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings, High Court of Karnataka, Bangalore.

Subject: Judicial Reforms in Family Court, Bangalore.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of 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.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Judges

Judicial Reforms in Family Court-Hon’ble Principal Judge

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/3 03^rd August 2010 / Bangalore

To,

Hon’ble Principal Judge
Family court of Bangalore, Nyaya Degula

Bangalore-500027

Subject: Judicial Reforms in Family Court, Bangalore.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of 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.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Judges

Exhaustive and Appropriate guidelines for Karnataka to curb the Heavy misuse of 498A IPC

July 29, 2010 Fighting Legal Terror Leave a comment

30^th July 2010

Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka, Bangalore.

Subject: Request your personal intervention for Exhaustive and Appropriate guidelines for the State of Karnataka to curb the Heavy misuse of 498A IPC.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

This is with regard to the news article published in “Indian Express” and also available on the website of the said News Paper at the following link.

http://expressbuzz.com/cities/hyderabad/plea-on-dowry-cases-referred-to-division-bench/193527.html

The said article is also attached herewith as an Annexure for your reference.

Similarly, there is a Judgment/Order from Honorable Justice Regupathi of the Chennai High Court in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu.

Similarly, in compliance of the advisory issued by the “Union Ministry of Home Affairs” dated 20-October-2009 vide no 3/5/2008-Judl Cell, “Maharashtra Government” has issued a Circular for the State Police of Maharashtra.

In the absence of any such Circular/Advisory, the misuse of 498A IPC is rampant in the state of Karnataka and ordinary, law abiding and innocent Men & Women are being arrested and sent to Judicial Custody merely on a false complaint by estranged wife. 498A IPC is increasingly being used as “Arrest on Demand” by estranged wife in case of any matrimonial dispute.

DEMAND OF NFHS:

In view of the proactive and laudable steps taken by the Judiciary in neighbouring states to curb the heavy misuse of 498A IPC, we National Family Harmony Society® request your personal intervention to direct the Registry of “High Court of Karnataka” to register a Suo Motto Case and file a Public Interest Litigation by the way of Writ Petition to issue Exhaustive and Appropriate guidelines for the State of Karnataka so the heavy misuse of 498A IPC can be curbed and suffering, harassment and torture of innocent citizens can be brought to an end.

We are available at any time of your convenience to have discussion with you on this subject matter. We have tried many times seeking appointment with you in the past but could not succeed. We would be grateful if you can grant personal appointment so that we can express our pain and sorrow in detail.

Awaiting favorable response from you.

P Suresh, President,

National Family Harmony Society, 9880141531

Categories: Judges

NFHS Demands Functioning of Family Court, Bangalore in Evening Shifts-CJ-K

July 11, 2010 Fighting Legal Terror 1 comment

09/July/2010

To, Bangalore

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore.

Subject: Regarding Functioning of Family Court, Bangalore in Evening Shifts

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

This is with regard to the article published in “The Telegraph” dated 07^th July 2010. The said article is attached herewith for your kind consideration. The same is also available on the website of the said newspaper at the below link.

http://www.telegraphindia.com/1100707/jsp/orissa/story_12654704.jsp#

As per this report Gujrat, TamilNadu, Pujab and Delhi are some of the states where evening courts are functioning successfully. We request your kind self to take measures regarding the huge pendency in the family court Bangalore. As per media reports thousands of cases are pending in the family court, Bangalore from many years. To get divorce or child custody it takes many years. Even to dispose an interim application it takes many months. The litigants go to the family court just to get another date. Adjournments, delay and endless wait in the Family Court are the norm of the day. These litigants need to be treated with extra care and emotion as these cases are different from a cheque bounce or a property dispute case. These cases involve human emotions and sentiments.

Our NGO works very closely with family court litigants and we provide counseling and other possible advice and help to the litigants of the family court. These litigants have a failed marriage and had already undergone lot of trouble, harassment and mental torture due to a failed marriage. Such litigants approach Family Court to get some relief or Justice. But they are further tortured and harassed by a system which is extremely slow, inefficient and insensitive to the needs of such litigants.

Our NGO has received cases where litigants are having suicidal tendencies due to the in-ordinate delays in disposing the cases. In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions apart from “Evening Shifts” to your kind self:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of 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.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

NFHS Demands Functioning of Family Court, Bangalore in Evening Shifts-Principal Judge

July 11, 2010 Fighting Legal Terror Leave a comment

09/July/2010

To, Bangalore

Hon’ble Principal Judge
Family court of Bangalore, Nyaya Degula

Bangalore

Subject: Regarding Functioning of Family Court, Bangalore in Evening Shifts

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

http://www.telegraphindia.com/1100707/jsp/orissa/story_12654704.jsp#

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of 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.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

Regarding arbitrary arrests under 498A IPC – CJI

July 8, 2010 Fighting Legal Terror 2 comments

8^th July 2010

Bangalore

To,

The Honorable Chief Justice of India,

Supreme Court of India,

Tilak Marg,

New Delhi-110 001 (India)

Subject: Regarding arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Honorable members of the Parliament have been raising questions in the parliament at regular interval regarding the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. Please find some of the questions raised by members of Parliament regarding heavy misuse of women centric laws.

T a b l e – 1

Sl No	Question number	House	Name of Member	Answered on	Subject
1	1409	RAJYA SABHA	SHRI MOTILAL VORA	01.08.2003	MISUSE OF DOWRY PROHIBITION ACT
2	1610	RAJYA SABHA	SHRI R.S. GAVAI	16.03.2005	INCREASING NUMBER OF FALSE DOWRY CASES
3	2698	RAJYA SABHA	SHRI ABU ASIM AZMI	22.08.2005	AMENDMENTS TO DOWRY PROHIBITION ACT
4	2805	RAJYA SABHA	PROF. RAM DEO BHANDARY	23.08.2006	HARASSMENT DUE TO DOWRY ALLEGATIONS
5	3876	RAJYA SABHA	SHRI MAHENDRA SAHNI	10.05.2007	AMENDMENT IN ANTI DOWRY LAW
6	4501	RAJYA SABHA	SHRI SURENDRA LATH	16.05.2007	MISUSE OF DOWRY PROHIBITION ACTs
7	1474	RAJYA SABHA	SHRI BRIJ BHUSHAN TIWARI	03.12.2007	AMENDMENTS TO DOWRY LAWS
8	1696	RAJYA SABHA	SHRI LALIT KISHORE CHATURVEDI	05.12.2007	PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES
9	2933	RAJYA SABHA	SHRI KAMAL AKHTAR	21.04.2008	STIFFER ANTI DOWRY LAWS
10	1474	RAJYA SABHA	SHRI BRIJ BHUSHAN TIWARI	03.12.2007	AMENDMENTS TO DOWRY LAWS
11	1073	RAJYA SABHA	SHRI AMAR SINGH	10.03.2008	AMENDMENT OF ANTI DOWRY ACT
12	304	RAJYA SABHA	ABU ASIM AZMI	20.10.2008	MISUSE OF ANTI DOWRY ACT
13	440	LOK SABHA	SHRI SANAT KUMAR	28.08.2001	Dowry Prohibition Act and Domestic
14	1012	LOK SABHA	Shri RAMDAS ATHAWALE	06.03.2007	AMENDMENT IN DOWRY ACT
15	440	LOK SABHA	Shri SANAT KUMAR MANDAL	20.02.2009	DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
16	2030	LOK SABHA	Shri DALPAT SINGH PARASTE	30.11.2007	ABUSE OF ANTI-DOWRY LAW
17	193	LOK SABHA	Shri RAGHUVIR SINGH KAUSHAL	16.11.2007	FALSE IMPLICATION IN DOWRY DEATH CASES
18	1181	LOK SABHA	Kunwar REWATI RAMAN SINGH	21.08.2007	COMPLAINTS ON DOWRY BY NRIs
19	382	LOK SABHA	Shri N CHELUVARAYA SWAMY SWAMYGOWDA	20.11.2009	MISUSE OF DOWRY PROHIBITION ACT, 1961S

Honorable Supreme Court and various High Courts have observed from time to time that these women centric laws are being highly misuse. Honorable Supreme Court had observed that IPC 498A is being used as “Legal Terror”. Some of the observation of the Supreme Court and various High Courts are compiled below:

T a b l e - 2

Sl No	Court	Case Number/Reported	Year	Between
1	Supreme Court	Writ Petition (C) No. 141 of 2005)	2005	Sushil Kumar Sharma Vs. Union of India (UOI)
2	Supreme Court	Appeal (crl.) 206	2008	Som Mittal Vs Govt. of Karnataka
3	Supreme Court	Appeal (crl.) 1716 of 2007	2007	Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr
4	Supreme Court	2000 (2) JCC (SC) 657: 2000 (5) SCC 207	2000	Kans Raj vs. State of Punjab and others
5	Delhi HC	Crl.A.No.339-41/2005	2010	-
6	Delhi HC	CRL.M.C.7262/2006	2007	-
7	Delhi HC	CRL. R 462/2002	2003	Savitri Devi Versus Ramesh Chand and Ors.
8	AP HC	A. A. O. No. 1039 of 2001	2002	Saritha Vs R.Ramachandra
9	Punjab & Haryana HC	(1990)2 Rec Cri R 243	1990	Jasbir Kaur vs. State of Haryanas
10	Supreme Court	CriLJ 2993	2000	Kanaraj vs. State of Punjab
11	Karnataka HC	2002 CriLJ 3605	-	State Vs. Srikanth
12	Supreme Court	2002 CriLJ 4124	2002	Mohd. Hoshan vs. State of A.P.
13	Delhi HC	2003 CriLJ 2759	2003	Savitri Devi vs. Ramesh Chand
14	Punjab & Haryana HC	2003 CriLJ 3394	2003	Bhupinder Kaur and others vs. State of Punjab and others
15	Jharkhand HC	2004 CriLJ 2989	2004	Arjun Ram Vs. State of Jharkhand and another
16	Punjab & Haryana HC	RCR (Criminal) 163	2002	Mukesh Rani Vs. State of Haryana
17	Delhi HC	2001 (2) JCC (Delhi) 86	2001	Anu Gill Vs. State & Anrs
18	Supreme Court	AIR 2005 SC 1989	2005	Ramesh & Ors. Vs. State of Tamil Nadu
19	Delhi HC	CHANDER KANTA LAMBA & ORS	-	-
20	ADDITIONAL SESSIONS JUDGE	Revision No. 88/2008/2002	2002	-
21	Punjab & Haryana HC	-	2002	Krishan Jeet Singh vs State Of Haryana
22	Orissa HC	-	2003	Benumadhab Padhi Mohapatra vs State
23	AP HC	Criminal Petition No. 6642 of 2007	2007	Kamireddy Mangamma and others
24	Allahabad HC	CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010	2010	Sanjeev Kumar & Others vs State Of U.P.s

The Universal Declaration of Human Rights states:

Everyone has the right to life, liberty and security of person.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by your ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these laws.

OUR Demands:

Kindly take a Suo Motto notice of heavy Misuse of 498A IPC and file a PIL in the Hon’ble Supreme Court of India
Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
Implement recommendations of Law Commission and “Malimath committee” to make 498A bailable.
Pass necessary orders to stop arbitrary arrest of elderly persons, children and pregnant sisters.
Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
Direct the union Government to bring in amendments to make IPC 498A “Gender Neutral” so that those husbands and in-laws who are harassed can also make complaint under this IPC section.

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

Regarding arbitrary arrests under 498A IPC – CJK

July 8, 2010 Fighting Legal Terror 1 comment

8^th July 2010

Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore.

Subject: Regarding arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

T a b l e – 1

Sl No	Question number	House	Name of Member	Answered on	Subject
1	1409	RAJYA SABHA	SHRI MOTILAL VORA	01.08.2003	MISUSE OF DOWRY PROHIBITION ACT
2	1610	RAJYA SABHA	SHRI R.S. GAVAI	16.03.2005	INCREASING NUMBER OF FALSE DOWRY CASES
3	2698	RAJYA SABHA	SHRI ABU ASIM AZMI	22.08.2005	AMENDMENTS TO DOWRY PROHIBITION ACT
4	2805	RAJYA SABHA	PROF. RAM DEO BHANDARY	23.08.2006	HARASSMENT DUE TO DOWRY ALLEGATIONS
5	3876	RAJYA SABHA	SHRI MAHENDRA SAHNI	10.05.2007	AMENDMENT IN ANTI DOWRY LAW
6	4501	RAJYA SABHA	SHRI SURENDRA LATH	16.05.2007	MISUSE OF DOWRY PROHIBITION ACTs
7	1474	RAJYA SABHA	SHRI BRIJ BHUSHAN TIWARI	03.12.2007	AMENDMENTS TO DOWRY LAWS
8	1696	RAJYA SABHA	SHRI LALIT KISHORE CHATURVEDI	05.12.2007	PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES
9	2933	RAJYA SABHA	SHRI KAMAL AKHTAR	21.04.2008	STIFFER ANTI DOWRY LAWS
10	1474	RAJYA SABHA	SHRI BRIJ BHUSHAN TIWARI	03.12.2007	AMENDMENTS TO DOWRY LAWS
11	1073	RAJYA SABHA	SHRI AMAR SINGH	10.03.2008	AMENDMENT OF ANTI DOWRY ACT
12	304	RAJYA SABHA	ABU ASIM AZMI	20.10.2008	MISUSE OF ANTI DOWRY ACT
13	440	LOK SABHA	SHRI SANAT KUMAR	28.08.2001	Dowry Prohibition Act and Domestic
14	1012	LOK SABHA	Shri RAMDAS ATHAWALE	06.03.2007	AMENDMENT IN DOWRY ACT
15	440	LOK SABHA	Shri SANAT KUMAR MANDAL	20.02.2009	DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
16	2030	LOK SABHA	Shri DALPAT SINGH PARASTE	30.11.2007	ABUSE OF ANTI-DOWRY LAW
17	193	LOK SABHA	Shri RAGHUVIR SINGH KAUSHAL	16.11.2007	FALSE IMPLICATION IN DOWRY DEATH CASES
18	1181	LOK SABHA	Kunwar REWATI RAMAN SINGH	21.08.2007	COMPLAINTS ON DOWRY BY NRIs
19	382	LOK SABHA	Shri N CHELUVARAYA SWAMY SWAMYGOWDA	20.11.2009	MISUSE OF DOWRY PROHIBITION ACT, 1961S

T a b l e - 2

Sl No	Court	Case Number/Reported	Year	Between
1	Supreme Court	Writ Petition (C) No. 141 of 2005)	2005	Sushil Kumar Sharma Vs. Union of India (UOI)
2	Supreme Court	Appeal (crl.) 206	2008	Som Mittal Vs Govt. of Karnataka
3	Supreme Court	Appeal (crl.) 1716 of 2007	2007	Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr
4	Supreme Court	2000 (2) JCC (SC) 657: 2000 (5) SCC 207	2000	Kans Raj vs. State of Punjab and others
5	Delhi HC	Crl.A.No.339-41/2005	2010	-
6	Delhi HC	CRL.M.C.7262/2006	2007	-
7	Delhi HC	CRL. R 462/2002	2003	Savitri Devi Versus Ramesh Chand and Ors.
8	AP HC	A. A. O. No. 1039 of 2001	2002	Saritha Vs R.Ramachandra
9	Punjab & Haryana HC	(1990)2 Rec Cri R 243	1990	Jasbir Kaur vs. State of Haryanas
10	Supreme Court	CriLJ 2993	2000	Kanaraj vs. State of Punjab
11	Karnataka HC	2002 CriLJ 3605	-	State Vs. Srikanth
12	Supreme Court	2002 CriLJ 4124	2002	Mohd. Hoshan vs. State of A.P.
13	Delhi HC	2003 CriLJ 2759	2003	Savitri Devi vs. Ramesh Chand
14	Punjab & Haryana HC	2003 CriLJ 3394	2003	Bhupinder Kaur and others vs. State of Punjab and others
15	Jharkhand HC	2004 CriLJ 2989	2004	Arjun Ram Vs. State of Jharkhand and another
16	Punjab & Haryana HC	RCR (Criminal) 163	2002	Mukesh Rani Vs. State of Haryana
17	Delhi HC	2001 (2) JCC (Delhi) 86	2001	Anu Gill Vs. State & Anrs
18	Supreme Court	AIR 2005 SC 1989	2005	Ramesh & Ors. Vs. State of Tamil Nadu
19	Delhi HC	CHANDER KANTA LAMBA & ORS	-	-
20	ADDITIONAL SESSIONS JUDGE	Revision No. 88/2008/2002	2002	-
21	Punjab & Haryana HC	-	2002	Krishan Jeet Singh vs State Of Haryana
22	Orissa HC	-	2003	Benumadhab Padhi Mohapatra vs State
23	AP HC	Criminal Petition No. 6642 of 2007	2007	Kamireddy Mangamma and others
24	Allahabad HC	CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010	2010	Sanjeev Kumar & Others vs State Of U.P.s

The Universal Declaration of Human Rights states:

Everyone has the right to life, liberty and security of person.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

OUR Demands:

Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
Implement recommendations of Law Commission and “Malimath committee” to make 498A bailable.
Issue orders to state police to stop arbitrary arrest of elderly persons, children and pregnant sisters.
Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

Regarding Functioning of Family Court, Bangalore on Holidays, Sundays and in Evening Shifts

July 7, 2010 Fighting Legal Terror 1 comment

07/July/2010

To, Bangalore

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore.

Subject: Regarding Functioning of Family Court, Bangalore on Holidays, Sundays and in Evening Shifts

About National Family Harmony Society®: “National Family Harmony Society®” NFHS 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.

Dear Sir,

This is with regard to the article published in “The Times of India” dated 07^th July 2010. The said article is attached herewith for your kind consideration. The same is also available on the website of the said newspaper at the below link.

http://timesofindia.indiatimes.com/india/Holiday-court-to-suit-working-couples-/articleshow/6136587.cms

We have filed many applications to the Family Court, Bangalore under Right to Information Act (RTI) to know the status of the pending litigation but the said RTI applications had been rejected on some flimsy grounds.

As per media reports thousands of cases are pending in the family court, Bangalore from many years. To get divorce or child custody it takes many years. Even to dispose an interim application it takes many months. The litigants go to the family court just to get another date. Adjournments, delay and endless wait in the Family Court are the norm of the day. These litigants need to be treated with extra care and emotion as these cases are different from a cheque bounce or a property dispute case. These cases involve human emotions and sentiments.

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of 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.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

NFHS demands 6 additional family courts in Bangalore to CJ-K

July 5, 2010 Fighting Legal Terror Leave a comment

Memorandum regarding in-ordinate delays in Family Court’s in disposing cases

Submitted to

Hon’ble Chief Justice of Karnataka
High Court Buildings, High Court of Karnataka, Bangalore.

Dear Sir,

We are part of the “National 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.

We beseech you to save the valuable lives of young spouses who approach Family Court, Bangalore 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 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.

As per media reports thousands of cases are pending for disposal in the Family court. A typical case of divorce takes 5-6 years in the trial court then obviously the party who lose case goes to High court then Supreme Court. By the time divorce is granted both the parties are at the verge of dying.

We file child custody application for our “minor” children and by the time the lower court decides the matter and then high court and then Supreme Court, our children becomes “major” are of marriageable age and the “Child Custody” application becomes meaningless. We struggle long years to get some order with regard to the visitation but by the time order is passed our children would have forgotten us.

The only reason we go to court for our cases on “our date” is to get “next date”. We console our-self in the court hall after looking at hundreds of people who are also waiting there only to get “next date”. Only work which our Family Courts are doing is to give “next date”. Even most of the time the arguments which are happening in the court is with regard to what should be the “next date”? Judges are so much overloaded with huge pile up of cases that they are struggling to even give “next date” as both parties normally do high pitch arguments to get “next date” which is suitable to them.

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
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
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.
Due to repeated adjournments of the cases, litigants are forced to take leave frequently often from the office and are on the verge of losing their jobs.
Due to in-ordinate delay litigants are wasting the prime of the youth in running around the court corridors rather than for any productive work.

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.

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:

Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of 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.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” who are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal, property or any other case.

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

Categories: Judges

Memorandum On the occasion of Fathers’ Day

June 18, 2010 Fighting Legal Terror Leave a comment

http://www.theindiapost.com/2010/06/18/memorandum-on-the-occasion-of-fathers%e2%80%99-day/

18th June, 2010

Shri P D Dinakaran

Hon’ble Chief Justice

High Court of Karnataka

Subject: Seeking justice for Fathers and Children separated due to marital discords

Hon’ble Chief Justice,

Family Courts have adopted the unhealthy practice of

· Depriving fathers of the right to love and care for their biological children.

· Forcing fathers to pay huge sums of money to support children they are not allowed to see.

· Encouraging false allegations of abuse to paint fathers as unfit parents.

· Permitting multiple legal battles to eliminate biological fathers from their children’s lives.

· Passing ex-parte orders based solely on the allegations made by a child’s mother.

· Allowing mothers to brazenly disobey visitation orders without legal repercussions to them.

· Allowing biological fathers to be labelled “kidnappers” for trying to make contact with their own children.

· Prolonging custody/visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children.

Cases filed in Family Courts linger on indefinitely while wives enjoy full custody of children, interim maintenance and child support at the expense of husbands.

The attitude of the Family Courts in the matters of ordering child custody/visitation, maintenance and alimony is completely biased against husbands.

We request the Hon’ble Chief Justice to ponder over these issues and contribute towards promoting a congenial atmosphere in the Family Courts for men, women and children.

On the occasion of Fathers’ Day, we wish to make the following demands:

Reforms in Mediation Counseling and Pleadings:

1. The presence of and pleadings by Advocates in the Family Court and mediation process should be eliminated as mandated by the Family Courts Act.

2. Persons who are professionally qualified and have a balanced perspective on family and society should be appointed as counsellors and mediators.

3. Counsellors and mediators should be adequately compensated fixing a rate of at least Rs. 20,000 per case, made payable by the spouses equally.

4. Mediators should be given exclusive powers to decide on dates and adjournments and should be required to conduct mediations and counselling throughout the year without holidays.

5. No in-camera and chamber proceedings should be held unless absolutely necessary and the purpose duly recorded in the Court register.

Perjury

1. Courts should order perjury and contempt proceedings in case of exaggerated statements and false allegations or affidavits related to employment, earnings, cruelty etc. when such allegations are proved to be false.

2. Spouses making false allegations should be punished under the appropriate sections of the Indian Penal Code.

Child Custody matters:

The following steps should be immediately taken by Family Courts across the country to uphold the rights of fathers and ensure the welfare of children:

· Special fast-track courts should be set up at the earliest to deal with custody issues.

· Exclusive, fully functioning Divisional Bench should be set up in all High Courts and Supreme Court to hear appeals in matters of child custody.

· When a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority.

// //

· Except in extreme cases of violence or unhealthy behavior by either partner, children should be given equal and meaningful access to both parents and grandparents on both sides.

· Both parents should be given financial responsibility of the child proportionate to their earnings and not based on demands made by either partner.

· If a partner prevents a child from having equal and meaningful contact with the other partner, they should be counseled first to understand the importance of equal parenting and the best interest of a child.

· If either partner repeatedly disobeys orders of equal access and meaningful contact with children, then the children should be placed in the full custody of the partner who will allow equal access to the other parent.

We submit that our demands are just and reasonable and that the non-implementation of our demands will result in serious consequences to men, women, children, families and the society as a whole.

We enclose, herewith, the petitions signed by hundreds of fathers in the Family Courts in Bangalore.

We look forward to your prompt intervention and necessary action in this regard.

Sincerely,

Jai Hind!!

With profound respects,

Suresh P Mahesh M

President, General Secretary

Categories: Judges

Memorandum regarding Suspension of Vacation to Family Courts

May 27, 2010 Fighting Legal Terror Leave a comment

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.

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.

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.

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.

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 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.

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.

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

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