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Regarding inviting suggestion of collegium system from public

P SURESH <psuresh29@yahoo.com>

To

collegium-improvement@gov.in collegium-suggestions@gov.in
Nov 12 at 1:02 PM
Categories: Judges

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

17th March 2011 / Bangalore

To,

Sri T.Sunil Chowdary, Registrar General,

Andhra Pradesh High Court, Near Govt. City College,

Madina, Charminar, HYDERABAD – 500 066

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

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

 

Dear Sir,

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

  1. Hon’ble The Acting Chief Justice N.V.Ramana
  2. Hon’ble Ms. Justice G.Rohini
  3. Hon’ble Sri Justice Ashutosh Mohunta
  4. Hon’ble Sri Justice L.Narasimha Reddy
  5. Hon’ble Sri Justice R.Subhash Reddy
  6. Hon’ble Sri Justice K.C.Bhanu
  7. Hon’ble Sri Justice B.Seshasayana Reddy
  8. Hon’ble Sri Justice G.Chandraiah
  9. Hon’ble Sri Justice Ramesh Ranganathan
  10. Hon’ble Sri Justice G.Bhavani Prasad
  11. Hon’ble Sri Justice Nooty. Ramamohana Rao
  12. Hon’ble Sri Justice C.V.Nagarjuna Reddy
  13. Hon’ble Sri Justice R.Kantha Rao
  14. Hon’ble Sri Justice Vilas V.Afzulpurkar
  15. Hon’ble Sri Justice P.V.Sanjay Kumar
  16. Hon’ble Sri Justice B.Chandra Kumar
  17. Hon’ble Sri Justice Raja. Elango
  18. Hon’ble Sri Sri Justice B.N.Rao Nalla
  19. Hon’ble Sri Justice Samudrala Govinda Rajulu
  20. Hon’ble Sri Justice Noushad Ali
  21. Hon’ble Sri Justice N.R.L.Nageswara Rao
  22. Hon’ble Sri Justice K.G.Shankar
  23. Hon’ble Sri Justice N.Ravi Shankar
  24. Hon’ble Sri Justice C.Praveen Kumar
  25. Hon’ble Sri Justice M.S.Ramachanra Rao

 

Jai Hind!!

With profound respects,

 

P Suresh, President, 09880141531

National Family Harmony Society

NFHS petition to Justice Verma committee on suggestions rearding RAPE laws

30th Dec 2012

Bangalore

To,

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

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

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

 

Dear Sir,

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

I would offer following suggestions in this regard.

 

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

I would draw your attention to the below news article

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

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

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

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

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

 

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

 

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

 

In view of the above discussion we suggest following:

 

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

 

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

 

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

 

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Judges

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

5th Aug 2011

Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore – 560001

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

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,

 

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

 

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

 

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

 

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

 

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

Categories: Judges

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

5th Aug 2011

Bangalore

To,

The Honorable Chief Justice of India,

Supreme Court of India,

Tilak Marg, New Delhi-110 001 (India)

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

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,

 

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

 

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

 

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

 

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

 

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

Categories: Judges

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

To                                                                                               17th June 2011

Hon’ble Chief Justice

High Court of Karnataka

 

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

 

Hon’ble Chief Justice,

 

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

 

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

 

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

 

Family Courts have adopted the unhealthy practice of

 

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

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

 

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

 

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

 

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

 

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

 

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

 

Reforms in Mediation Counseling and Pleadings:

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

 

Perjury

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

 

Child Custody matters:

Family Courts should ensure that both parents are given equal custody of children irrespective of the accusations of either party (such as a mother being adulterous or a father being a drunkard). The practice of showing children for 30 minutes or 1 hour like a TV show to a father without providing him an opportunity to demonstrate his fatherly care and affection should be done away with. We strongly denounce the attitude of the Family Courts which consider children as the exclusive property of the wife and totally deny access to the husband and his family while passing interim and final orders.

 

We strongly condemn the belief of the Family Courts that the husband alone is bound to earn and maintain his wife and children, even though the wife is either earning or sufficiently qualified to earn.

 

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

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

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

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

 

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

 

Sincerely,

 

Jai Hind!!

With profound respects,

 

Suresh P                                                                                   Mahesh M

President,                                                                                  General Secretary

9880141531                                                                           9731569970

Categories: Judges

NFHS petition to Chief Justice karnataka

NHFS/150111/1                                                                          15/January/2011

To,                                                                                                        Bangalore

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore – 560001

 

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

 

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

 

Dear Sir,

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

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

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

 

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

 

Jai Hind!!

 

With profound respects,

 

 

 

P Suresh, President,                              

9880141531                                            

National Family Harmony Society        

Categories: Judges