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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

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Categories: Law minister

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.

https://498amisuse.wordpress.com/2010/08/07/dna-coverage/

https://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-newspolitan/

https://498amisuse.wordpress.com/2010/08/07/marriage-law-amendment-did-moily-violate-his-promise-megamedia/

https://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-newkerala/

https://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-webindia/

P Suresh,

President, National Family Harmony Society

Mobile: 9880141531

Categories: Law minister

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

Categories: Law minister

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

Categories: Law minister

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

Categories: Law minister

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

Categories: Law minister

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

Categories: Law minister