Archive
NFHS Memo to Law Minister on arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”
28th July 2011
Bangalore
To,
Hon’ble Minister for Law & Justice,
Ministry of Law and Justice,
4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001
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”
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,
Even though you had assumed the charge of Law Minister recently but the high rate of Divorce and breaking of families must be known to you. 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 50% 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 1/10th 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 1/10th 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
Strong objections to the “THE MARRIAGE LAWS (AMENDMENT) BILL, 2010” by NFHS
NHFS/120311/1 12th March 2011/Bangalore
To,
Hon’able Mr. Veerappa Moily,
Hon’ble Minister of Law & Justice,
Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001
Subject: Strong objections to the Forty Fifth report of the Rajya Sabha committee on “THE MARRIAGE LAWS (AMENDMENT) BILL, 2010”
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 Forty Fifth report of the Rajya Sabha committee on “THE MARRIAGE LAWS (AMENDMENT) BILL, 2010”. We are surprised and disappointed that that though in Chapter II of the said report many of the points raised by the various NGOs, Groups, concerned citizens and other organizations are listed but they have been completely discarded in Chapter – IV which is the committee’s observations/Recommendations without assigning any valid reason. If the recommendation, Suggestions, comments of the various NGOs are to be ignored entirely, without assigning any reasons then why this farce of calling recommendation, Suggestions, comments from General public.
We would like to lodge our strong objections to the observations/Recommendations of the committees report and would request Law Ministry to disregard the report entirety and would request Law Ministry to call for fresh recommendation, Suggestions, comments from the various NGOs, Groups, concerned citizens and other stake holders.
The recommendation, Suggestions, comments had been sent by various stake holders who are actually having practical experience at the ground level and if their suggestions are to be ignored then there must be logical reason to it. If these suggestions are ignored without assigning any reason then it is not a democracy. We would like to present our objections to the committee’s report point by point.
Committee’s Recommendation in Chapter – IV – Para 4: The Committee, accordingly, recommends that the Bill should provide for some safeguards so that the new ground for divorce is not misused. The Committee also recommends that the Government may consider defining the term “irretrievable breakdown of marriage” in the Bill so that some uniform standards are followed in dealing with divorce petitions by the Courts.
NFHS Objection to Chapter – IV – Para 4: The observation of the committee that the new ground will be used against women in rural areas is nothing but assumption and is not backed by any data or study. It is a known fact that many Gender Biased Laws like 498A are being rampantly misused by women in urban areas to harass their husbands and her in-laws. It is also a matter of common knowledge that nowadays women file multiple false criminal/civil cases against their husbands and in-laws and harass them by taking advantage of women-centric laws. If ‘irretrievable breakdown of marriage’ is added as a new ground for divorce then it will be heavily misused by women who will walk away with divorce, claiming the marriage is dead due to multiple criminal and civil cases and walk away with divorce and the husband will be left fighting the false cases. The bill is totally silent about the remaining criminal and civil cases.
Hon’ble Supreme Court in Swati Verma vs. Rajan Verma reported in (2004) 1 SCC 123, observed that “A large number of criminal cases had been filed by the petitioner against the respondent. This Court observed that the marriage between the parties had broken down irretrievably with a view to restore good relationship and to put a quietus to all litigations between the parties and not to leave any room for future litigation, so that they may live peacefully hereafter”.
The observation by the Hon’ble speaks the why ‘irretrievable breakdown of marriage’ should be added as a ground for divorce. If both the parties continuous with other litigation, even after obtaining divorce under ‘irretrievable breakdown of marriage’ then such divorce is meaningless. Hence we recommend that the BILL should incorporate mechanism so that all litigations between the parties are closed at the time of granting divorce under ‘irretrievable breakdown of marriage’.
Committee’s Recommendation in Chapter – IV – Para 5: The Committee notes that the term ‘grave financial hardship’ appearing here is capable of varied interpretation. Further, it may be difficult for the wife to satisfy the court that it would ‘in all circumstances be wrong to dissolve the marriage’. Not only this, the provisions of the Bill talk of ‘grave’ financial hardship, i.e., divorce may not be allowed on this ground if the wife is being subjected to a ‘grave’ financial hardship. Does it mean that court may proceed with the grant of a decree of divorce on this ground despite the fact that the wife may be put to ‘financial hardship’ and not “grave” financial hardship? The Committee, accordingly, recommends that the term “grave financial hardship” may be defined so that there is less of ambiguity. The Committee further recommends a review of these provisions of the Bill so that the interests of the women are better safeguarded in the divorce proceedings in the court.
NFHS Objection to Chapter – IV – Para 5: NFHS objects to the recommendations of committee for only considering financial hardships of wife and completely ignoring the financial hardships of husbands. Our NGO has been continuously receiving cases of many such husbands who have been ruined completely due to the multiple false criminal cases pending against them. Many such husbands have been removed from their jobs due to pending criminal cases like 498A IPC thus bringing them on streets for their survival. The very fact that committee has not considered the cases of such husbands is enough to conclude that committee is not aware about the ground realities and pain and harassment of such husbands at the hands of their cruel wives. Hence we recommend that the word wife and husband must be replaced with SPOUSE so that BILL will take care of such husbands also and will be Gender Neutral in true sense.
Committee’s Recommendation in Chapter – IV – Para 7: Accordingly, the Committee feels that there should be some effective legal mechanism so that the women atleast get their share in the matrimonial property which has been acquired during the subsistence of marriage. The Committee, accordingly, recommends the Government to make adequate provisions in the Matrimonial Law to ensure that the courts, while adjudicating on divorce petitions, also decide upon women’s share in the matrimonial property while granting divorce so that they are not deprived of the assets/properties in which they have contributed during the continuance of marriage. The Committee is strongly of the view that liberalization of the laws of divorce should essentially be accompanied with appropriate provisions recognizing the legitimate rights of the women on the matrimonial property/assets atleast, in which they have their share of contribution.
NFHS Objection to Chapter – IV – Para 7: NFHS marks our strong protests to the provision of duplication of laws regarding properties. Also this provision could be grossly misused. Going by the misuse of many legislation it could be possible that in order to get properties either spouse may file for divorce under this section with an eye on property within few year of marriage. Since always a new legislation is made with an intention for the benefit of the society but at the same time it is wise to have checks and balances so as to curb probable misuse. Hence NFHS recommends that if at all property clause is added then it should be available to only such couple who will file for divorce under this section after minimum ten years of marriage.
Another suggestion from NFHS is the definition of ‘irretrievable breakdown of marriage’ has to be defined very clearly. Though staying away from each other from many years could be one such criteria, at the same time large number of cases and counter cases between the parties also come within the definition of dead marriages. Hence finally we suggest to call for fresh suggestions, comments and recommendations from general public again and also comprehensive study on this subject so that BILL is not passed in haste.
Some of the press coverage wherein NFHS has strongly opposed the proposed BILL is below.
http://498amisuse.wordpress.com/2010/08/07/dna-coverage/
http://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-newspolitan/
http://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-newkerala/
http://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-webindia/
P Suresh,
President, National Family Harmony Society
Mobile: 9880141531
Judicial Reforms in Family Court-Hon’able Mr. Veerappa Moily, Hon’ble Minister, Law & Justice
NHFS/030810/5 03rd August 2010 / Bangalore
To,
Hon’able Mr. Veerappa Moily, Hon’ble Minister, Law & Justice,
Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001
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
Judicial Reforms in Family Court, Bangalore-Honorable Law Minister of Karnataka
NHFS/030810/6 03rd August 2010 / Bangalore
To,
Honorable Law Minister of Karnataka,
Ministry for Law & Parliamentry Affairs, #327, Vidhan soudha, Bangalore-560001
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
NFHS Thanks Law Minister-KA for proactive steps for Family Court Reforms
NHFS/060810/1 06th August 2010 / Bangalore
To,
Honorable Law Minister of Karnataka,
Ministry for Law & Parliamentry Affairs
#327, Vidhan soudha, Bangalore-560001
Subject: Regarding Functioning of Family Court, Bangalore in Evening/Morning/Holiday 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 “Bangalore Mirror” dated 06th August 2010. The said article is attached herewith for your kind reference.
As per this news Article Government of Karnataka is considering Weekend Courts and Evening Courts to give some relief to the litigants who are unable to attend the court as they are unable to take frequent leave in the office. This is one of the long pending demands of our NGO and we had given numerous petitions to your ministry.
We sincerely thank you for the efforts taken by your ministry to reform the functioning of the Family Courts in Bangalore. We are happy to record our appreciation and specifically thank to you for the proactive initiatives taken to reforms of Family Court which will save the honor and life of the litigant couples. Though many of our demands are still pending and much needs to be done but we are confident that every single step regarding Family Court reforms will have a direct bearing on the personal lives of the litigants.
We take this opportunity to again express our deep appreciation to you and request to kindly consider our other list of proposals and suggestions apart from “Evening/Holiday/Morning Shifts”:
- 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
NFHS Demands Functioning of Family Court, Bangalore in Evening Shifts-Law Minister
09/July/2010
To, Bangalore
Honorable Law Minister of Karnataka,
Ministry for Law & Parliamentry Affairs
#327, Vidhan soudha, Bangalore-1
Bangalore-560001
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 07th 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
Regarding arbitrary arrests under 498A IPC – Law Minister – Centre
8th July 2010
Bangalore
To,
Hon’able Mr. Veerappa Moily, Hon’ble Minister, Law & Justice,
Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001
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. 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 Union Home 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:
- Bring in appropriate amendment: To stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws by bringing in amendments to these laws.
- Bring in appropriate amendment: No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
- Bring in appropriate amendment: To stop arbitrary arrest of elderly persons, children and pregnant sisters.
- Bring in appropriate amendment: To prevent arbitrary arrests by police and to implement the advisory issued by the Union Home Ministry regarding heavy misuse of the 498A IPC.
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
National Family Harmony Society National Family Harmony Society
Regarding arbitrary arrests under 498A IPC – Law Minister – Karnataka
8th July 2010
Bangalore
To,
Honorable Law Minister of Karnataka,
Ministry for Law & Parliamentry Affairs
#327, Vidhan soudha, Bangalore-1
Bangalore-560001
Subject: Regarding arbitrary arrests of ordinary law-abiding citizens in Karnataka 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 Union Home 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:
- Bring in state amendment in Karnataka: To stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws by bringing in amendments to these laws in Karnataka.
- Bring in state amendment in Karnataka: No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
- Bring in state amendment in Karnataka to stop arbitrary arrest of elderly persons, children and pregnant sisters.
- Bring in state amendment in Karnataka to prevent arbitrary arrests by police and to implement the advisory issued by the Union Home Ministry regarding heavy misuse of the 498A IPC.
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
National Family Harmony Society National Family Harmony Society
STOP MISUSE OF DOMESTIC VIOLENCE ACT
STOP MISUSE OF DOMESTIC VIOLENCE ACT
Submitted to,
Moily, Shri M. Veerappa
Union Cabinet Minister, Law and Justice
No. 3, Tughlak Lane,
New Delhi-110 011
Respected Sir,
I am president of “Family Harmony Society” [www.family-harmony.org], a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. It is a not-for-profit NGO which consists of patriotic sons & daughters of the soil. Please visit our official website www.498a.org.in and www.family-harmony.org to know more about us, our activities, our organization and our aims/objectives.
Honestly concerned about the draconian methods of implementation of
the women-biased laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests that are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
The Protection of women from domestic violence Act is highly fragile and is vulnerable for heavy misuse. The loop holes in it are more favorable to the complainant woman and these loop holes are being highly misused by some of the intelligent, corrupt and greedy women to gain undue advantage over their respondent husbands. We have done numerous studies, survey and research to prove the same.
Because of a blind assumption that only women are victims of domestic violence, many innocent husbands are suffering due to the misuse of the said this “Act”. There is no provision for the suffering husbands to lodge complaint. Thousands of husbands are committing suicides because of family issues and it becomes more lethal when the wife misuses the laws favorable to women. The official data obtained from National Crime Records Bureau [NCRB – http://www.ncrb.nic.in shows that more men are committing suicides than women year after year. Over the past few months we have come across many such cases and we have rescued such husbands to come out of their suicidal tendencies.
In order to alleviate the sufferings of the victims of the misuse of this Act [PWDVA], I wish to present the following list of loop holes in this Act which are being misused for your kind considerations:
- Sec. 17 of the said Act –
- When there is a dispute between the spouses and when the wife files a criminal cases like Domestic Violence Act and Dowry Harassment (IPC 498A) against the husband, it becomes impossible for him to continue to live with the wife. And if the wife claims for Right to residence in his house under this section, then husband has to vacate the house along with his aged parent, as it is impractical to even think that an accused and his victim can stay under the same roof that too when the criminal cases are pending. This leads to an unbearable harassment to the husband and his age old parents. Punishing him before beginning the trail is violation of his rights. In some cases the husbands will be re-paying their house loans, but because of the residence orders husband and his parent will be staying outside their houses in spite of paying for house loans, causing a great burden and hardship to them.
- If the husband / his parents live in the shared house they have to face harassment of police / face multiple other criminal cases as per the wish of wife’s lawyer. So invariably husband and his old parents have to run away, sometimes without belongings and stay in a rented accommodation.
- When the husband & wife are fighting court cases and if they both are made to live under the same roof then everyday they will end up in police stations after quarrelling. Instead of preventing the couple to fight this section is promoting the couple to fight more. In spite of claiming that the husband has done cruelty on wife by launching a case under IPC 498A, if the wife continues to live with the husband then it clearly shows that the case is a false case.
- The women are harassing the husbands both while staying with them in the shared house and also fighting with them in the courts. When a woman claims domestic violence and if she continues to live with the husband then how she can justify that she will not be harassed more by the husband. The magistrates, protection officers or the police cannot go and monitor what is happening in the house 24 hours a day. So, how can they come to conclusion that it is only the wife that is being harassed not the husband.
- The intention for bringing in this Act is to provide protection and relief to the aggrieved women but not to harass the husbands & in-laws. The Act doesn’t have any clause to punish the husband. But this section is punishing the husband.
- This section is providing a meaningless relief to the wife. The need for such a provision or relief is not backed up by any justification. There is no research data or analysis. There are no real time examples provided in the Act.
- Sec. 18 of the said Act –
- The wife can get an order prohibiting the husband from operating his own bank accounts including his salary accounts, making it impossible for him to live. In one case, received by our NGO, wife first used 498A to send the husband & her mother-in-law to jail. As soon as they were released on bail, wife used this section Domestic Violence Act to lock all their bank accounts & properties including the husband’s salary account. When they went home, they were beaten up by the wife & her kin and the husband & the mother-in-law were thrown out of their own house, thus making them penniless and homeless. This is how women are misusing this law resulting in violation of basic rights of the innocent husbands & aged in-laws. Even in the cases of Dowry death the husband will get a chance to prove not guilty, but this new law first punishes the husband and then gives the husband the chance to prove not guilty.
- This section 18[E] is providing a meaningless relief to the wife. The wife can lock the bank accounts of the husband including his salary account. She can even get an ex-parte orders and thus making the husband penniless. Husband has to go to magistrate and beg the magistrate to make him operate his own salary account where his own hard earned money is kept. This is totally absurd and violates the basic human rights of the husband. In these days of debit cards nobody keeps cash with them, people depend on bank ATMs for their daily expenses. Such being the case, locking that bank account will result in making the husband penniless even if he is working and thus making him to beg for his living from his friends, colleagues or relatives. This section has created a provision to make a well educated, well employed husband to beg for his living. Thus this provision when misused violates the Human Rights of the husband. The need for such a provision or relief is unnecessary and not backed up by any justification. There is no research data or analysis. There are no real time examples provided in the Act.
- Sec. 19 of the said Act –
- The wife can get an order prohibiting the husband from entering the shared household. This resulting in, he being thrown out of his own house without any cause. This section becomes lethal when used in tandem with Sec. 18, making the wife to capture the house of the husband and in-laws and throw them out. In many of the cases we have observed that some women acting like goons misuse this law to capture the hard-earned properties of the husband and in-laws, denying their basic rights. Once the wife gets the control over the property she can use that to accommodate her kin or bring-in her boy-friends.
- Sec. 20 of the said Act –
- Wife can file multiple maintenance suits for the same relief, one under this section and another under Cr.P.C 125 or any other provision available just to harass the husband by making him run around different courts. This concept of misusing multiple maintenance provisions has gone beyond bearable limits. We have received numerous complaints from victims who come to us to narrate their grievances and this has prompted us file a Public Interest Litigation, in Hon’ble High Court of Karnataka with Writ Pet. No. 9168/10.
- Though this section restricts the maintenance amount to be fair & reasonable, the Hon’ble magistrates in various courts are hardly giving attention to this clause. In a hurry to provide justice to the women they are passing meaningless orders with exorbitant amounts as maintenance without any justification. The high amounts of maintenance passed by the magistrates are being misused by the estranged wives for enrichment and luxury.
- Sec. 23 of the said Act –
- Wives get ex-parte orders using all the above mentioned provisions thus harassing the husband and violating his fundamental rights.
- Wives get ex-party orders to get her belongings and come with police protection and take away all the evidences, photos, bank accounts, property documents, gold, cash, credit cards, everything what she knows and what her lawyer suggests along with important house hold items.
- Sec. 32 of the said Act [Sole testimony] –
- Since this Act assumes that whatever the women says as true, is highly vulnerable to misuse.
- Because of the rampant misuse of the Protection of women from domestic violence Act the sole testimony of the woman cannot be taken as a sole witness or as occurrence of violence.
- Even the Honorable Supreme Court of India in 14Feburary2010 observed that “in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.” So in general to avoid misuse no conclusion should be drawn.
- The trial under this Act should be made in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.
- The act is made only for “Women” –
- I object to the give protection only to “Women”. The wordings are such that only “young married wife” can claim protection and relief.
- The Protection of women from domestic violence Act was framed and legislated based on a myth and assumption that only women under go domestic violence. The parliament has not considered the fact the “softer-sex” i.e., Males are equally vulnerable to domestic violence in the hands of a female or another male. Numerous incidents of domestic violence on males covered by press & media, clearly showing the evidence of violence on males, have been ignored by the parliament. It is not appropriate to assume that all “married young women” in our country are Sita Devis. We should not forget that we have enough number of Surpanakas & Kaikeyis in our country. Numerous incidents of crime committed by women can be found in press & media coverage. Some of these media coverage can be witnessed from our website – http://www.498a.org.in/nwsrm_prsRels.html.
- Therefore, I strongly request to make the said Act “gender-neutral” by providing protection to MEN as well.
- No protection to children/Senior citizens –
- We object that the said “Act” has been designed only to provide protection to “married young women”.
- Anybody can be a victim of Domestic violence, including children, infants, teenagers and senior citizens. They can become victim in the hands of their own blood relatives including the mothers of the children and the sons & daughters-in-law of the aged parents. Senior citizens are mostly abused by the daughters-in-law more so by the misuse of these women-biased laws. Even United Nations Organization has recognized that the misuse of IPC 498A or the “Dowry Law” is the biggest form of elder abuse in our country. Such senior citizens in their twilight years should be protected from domestic violence and abuse.
- Therefore, I sincerely request to increase the scope of the said Act beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.
- No provision for punishment to women in case of misuse: –
- The Protection of women from domestic violence Act is one of the most misused laws in our country apart from IPC 498[A].
- I wish to bring your notice that this law is being misused by many of the young, educated & intelligent women with corrupt intentions to satisfy their greed, grudge & fantasies. This law becomes more lethal when misused along with the Dowry Law or IPC 498A. The case under Domestic Violence Act is usually filed just after an FIR U/S 498A is registered for the same cause of action.
- The misuse of the Protection of women from domestic violence Act is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse of this Act.
- There is an urgent need to introduce a punishment clause in the Protection of women from domestic violence Rules in-line with section 387 to 389 of Indian Penal Code. A new rule should be introduced to protect the rights of the accused by sufficiently compensating the accused. The rule should also make a provision to return back any interim maintenance amount paid during the trial with 10% interest rate.
- Automatic Divorce decree should be passed on moving an application by the respondent husband –
- On mere application of common sense one can conclude that a woman who is claiming domestic violence by her husband cannot be presumed to live with him any longer.
- More so when she is claiming for the reliefs of Protection, Residence, Maintenance orders as per the existing Protection of women from domestic violence rules. When a woman comes forward, complains and claims for these reliefs, then that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again.
- In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court. Alternatively appropriate amendments should be brought in the said “Rules” so that husband should be able to move application for divorce in front of the same magistrate where the application for Domestic Violence is pending.
- The existing Protection of women from domestic violence Act has been designed to provide protection to woman and not to harass the husband. In such a case husband should not be denied of his basic rights of being in a family, cohabiting with a woman and pass on his genes to the next generation, etc. Even those who are accused under much severe crimes like IPC 302 (murder) or IPC 307 (attempt to murder) will be given a liberty to live freely till he is proven guilty. Many of the accused people in the 1984 riots & Godhra riots are freely living while they are still undergoing their trials. Their basic rights of getting food cooked by their wives, having children with their wives are not being denied. In such a case why a husband accused under Protection of women from domestic violence Act should be punished and should be denied of his basic rights? Since the existing Protection of women from domestic violence rules doesn’t have any punishments like not allowing husband to eat food or not allowing him to have sex, etc., the husband should be made eligible for an immediate automatic divorce decree if he moves an application for the same, so that his basic rights are not denied but fulfilled by any other woman who is happy to live with him along with the reliefs being fulfilled under this Act for the complainant wife. Not doing so results in violation of human rights of the husband none other than by the parliament.
- Therefore, I suggest/recommend introducing a new rule for protecting the human rights of the accused husband.
- Misuse w.r.t Section 12(5) of The Protection of women from domestic violence Act not being followed:
- Section 12(5) of the “Act” says – “The Magistrate shall endeavor to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.”
- But this is hardly ever followed. In fact there is not even a single case where the application/complaint made under this “Act” was disposed off within sixty days period. Because of the gap that this “Act” doesn’t mandate to adhere to this provision of sixty days time period most of the complainants are taking it for their advantage.
- As soon as the complainant woman seeks relief under this “Act”, the magistrate grants the order without any hesitation. But when it comes to disposing of the main application the petitioner plays delay tactics and delays the proceedings inordinately. On one hand the petitioner will be enjoying all the reliefs that she got from the court but still she denies to proceed with the trial even as per the normal rules & procedures of the Law. The petitioners drag the case by giving one reason or the other, or by putting one application after other application without any meaningful sense or by going on appeal to higher courts and deny to proceed with the case in the trial court in spite of their being no STAY order on the proceedings from the higher courts.
- Though on one hand the petitioner will be enjoying all the relief orders & protection orders passed in favor of her, she denies to proceed with the case because she very well knows that, undergoing trial will expose her of all her false allegations, claims and thereby she runs a danger of losing all her reliefs and protection orders. This is how the misuse is happening at the ground level. These petitioner woman extract the reliefs like monthly maintenance which runs to thousands of rupees and they deny to give evidence about the alleged Domestic Violence and they deny to allow the respondent to cross examine her in the open court.
- On the other hand, the respondent husband will be paying hefty maintenance amounts though he is not guilty of the Domestic Violence. There is no law in our country which provides maintenance to a wife from his husband just because she is wife to him unless she is not able-bodied. It makes sense to provide maintenance to wife if the husband has neglected to maintain her or treated her with cruelty. But when a wife puts a false case on husband and makes false & concocted allegations on him, it is cruelty on the husband. In such a case it is totally injustice to ask the husband to pay maintenance. This is nothing but punishment even in case of proving innocence. This loop hole is being taken as an advantage and some women are taking it for granted that they just need to move an application under the Protection of women from domestic violence Act and they can get all the luxuries of life in her favor irrespective whether the wife has committed mistakes in her marital life or not. Indirectly this “Act” has given a provision to the erring wife to continue to enjoy all the luxuries while harassing the husband at the same time. This “Act” has given a provision to a ABLE-BODIED but a lazy wife to live on the maintenance of husband even though it is she who has done mistakes in the marital life and even though it is she who has constructively deserted the husband. This “Act” has given a provision to provide reliefs to even a wife with criminal intentions of hurting the husband. This “Act” gives protection even to a wife who is undergoing trial in criminal cases in which she is accused of committing crime on the husband or in-laws. This blanket conclusion of providing protection/reliefs to all women including those who were accused of criminal deeds should not be allowed. All these allegations of wives & counter allegations of husbands will be proved in the trial and that is why these women avoid to undergo trial and they delay the proceedings, cunningly.
- Of course it is a laid down law that till the pending of the case wife is entitled for interim maintenance. But these petitioner women deny proceeding with the trial because they want to extort the husband as much as possible before their case falls down. This is nothing but “LEGAL EXTORTION”. During such period the innocent respondent husbands go through a traumatized harassment, pain and loss of mental stability which no court can restore back. These polished barbaric acts of some civilized, intelligent, corrupt & cunning wives should be put to an end.
- Therefore, I suggest/recommend modifying the section 12(5) of the “Act” to make it mandatory to complete the proceedings of the case as per law within the stipulated time of sixty days irrespective of any applications being pending in higher courts for appeal without any STAY orders in the interest of protecting the human rights of the respondent husbands.
I submit that we are considering filing a Public Interest Litigation to make this Act, in the current form, as unconstitutional in the Hon’ble High Court of Karnataka. For this we have been doing a study on how this Act is being misused. Please find the enclosed Annexure for your kind perusal.
I submit you to please consider my suggestions and please do the needful in your capacity to highlight the issue of misuse in the cases under this Act and do the needful to eradicate the evil-practice of misuse by punishing such women. I submit that my suggestions are just and reasonable and in the event of non-implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests.
Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!! With profound respects,
Suresh P, 9880141531
President, Family Harmony Society
Bangalore
Memorandum regarding the Inordinate Delays of Family Courts, Bangalore
Memorandum regarding the Inordinate Delays of Family Courts, Bangalore
Submitted to
Hon’able Mr. Veerappa Moily, Hon’ble Minister, Law & Justice,
Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001
We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.
Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.
After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.
We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.
We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts.
For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.
Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:
- The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
- The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth
- Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
- In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates
- Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents
The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are.
By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.
The President, The Prime Minister, The Chief justice of India, The Law Commission and The Speaker who are the highest constitutional functionaries of our nation are on record acknowledging the existence of corruption, unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation.
We are part of the “Family Harmony Society” which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of family laws and judicial system in all its forms and Manifestations.
Honestly concerned about the draconian methods of implementation of the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.
We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests who are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.
Our country is already divided in the name of language, religion and geographic region. But these gender-biased laws are bringing in another dimension of division of our society in the name of gender.
In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:
Disposal of Cases:
- The Family Courts shall ensure that all matrimonial cases be disposed within a period of one year.
- The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
- All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
Reforms in Mediation Counseling and Pleadings
- Banning the presence & pleadings by Advocates in the family Court and Mediation.
- The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.
- The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays.
- The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
Child Custody matters:
- The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.
- The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
- We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.
- We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.
- The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
Interim Orders
- The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
Perjury
- The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with dharnas, Public Fasting and resort to other democratic means of protests.
Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!!
With profound respects,
Suresh P, 9880141531 Mahesh M, 9845448472
President, General Secretary
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