false498a

January 30, 2010

PIL_MM_Arguments

Filed under: Uncategorized — Fighting Legal Terror @ 11:15 am

1. Honorable Chief Justice and honorable companion justices: We are representing a NGO called “Family Harmony Society”, registered under “The Karnataka Societies Registration Act, 1960”, to promote “family harmony” and “gender equality”. We are based in Bangalore. I would like to introduce myself and other petitioners in this PIL. Myself P Suresh, is the president of this NGO, Shri M Mahesh is the Gen Sec of our NGO, Shri XXX is Executive member of our NGO and Shri XXX is Executive member of our NGO.
2. As we are all aware that the matrimonial disputes between husband and wife are increasing day by day due to various reasons and factors. But due to these disputes, many adverse side effects are cropping up. One such issue for which we are seeking a relief from this honorable court is “Misuse of the provision of Multiple Maintenance to wives” in case of matrimonial dispute between husband and wife.
3. I would like to draw the kind attention of this honorable court to the ANNEXURE C where we have compiled various Acts, laws and CrPC sections, in a tabular format, wherein a wife can claim various reliefs. As is evident from this table, wives can claim relief under multiple provisions. Even thought the objective of these different Acts are different but eventually most of them results in Maintenance or monetary relief.
4. Nowadays it is seen as a trend that in case of dispute between husband and wife the tendency of the wife is to rush to the nearest police station and lodge 498a with an intention to harass husband so much that even the CJI has once told that 498a is the most abused and misused section in the IPC. ANNEXURE.
5. Nowadays there is a trend by the wives that they file multiple maintenance cases against the husband in various courts, with identical petitions. And the husband has to run from one court to another just defending himself. There are also instances where one court awarded certain maintenance after considering all the situation and circumstances and then wife rushes to another court with another Act and files another maintenance case just to extract maximum amount and to take revenge and harass the husband. Because most of the laws in case of matrimonial disputes are not gender neutral hence husband is left with no option but to defend identical petitions in various courts.
 This is against natural justice and results in double jeopardy.
 This results in harassment for the husbands.
 This is against the rights granted to each citizen under constitution of India.
 This results in tremendous stress for the already overburdened judiciary. 
6. If at all wife feels that the maintenance amount awarded is less she has the option to approach higher court for revision, there is no need at all to rush to another court to file fresh petition.
7. Laws passed by parliaments in these contexts are meant for the needy wife’s who are unable to maintain themselves. They are not intended for enrichments or for providing luxury by filing Multiple Maintenance. The issue raised is not against wife but a relief for husbands facing harassment and stress due to Multiple Maintenance.
8. In case of matrimonial disputes between husband and wife typically there are many cases between them and most of them are initiated by wife against husband. If the Multiple Maintenance issue is abolished or simplified then it will give a bit of relief to husbands. We are not against maintenance to wives but just asking to abolish all the Acts and make just one law for maintenance.
9. In this regard we conducted an online survey to citizens asking them about multiple maintenance and an overwhelming –% of the people agreed that it results in harassment and stress for husbands. I would request the honorable court to have a look at Annexure E which shows the result of the survey.
10. In this regard we hosted an online petition and also we obtained signatures in paper format and the result is enclosed in Annexure G with support of 220 citizens.
11. We also collected sample cases from few victims who are facing multiple maintenance cases and the result is enclosed as Annexure F.
12. In view of the gravity of the matter, we asked for information under RTI, from Family Court Bangalore to study this issue but our application was rejected by the KSIC citing section 7(d). In this regard we pray that this Honorable Court be pleased to pass an interim prayer to the Karnataka State Information Commission to supply the information asked in the RTI applications in Annexure.
In this regard we also pray that this Honorable Court be pleased to
a) To put an end to the practice of multiple maintenance cases by wife’s by directing the lower courts to entertain only one petition of maintenance.
b) Direct the Union of India to mandate Law commission or setup another commission to study how the maintenance laws can be simplified.
c) Pass any other Orders as this Honorable Court deems fit to grant in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS IN DUTY BOUND SHALL EVER PRAY.

January 20, 2010

What else is needed to finish Legal terror – A thought…

Filed under: Uncategorized — Fighting Legal Terror @ 8:47 am

What else is needed to finish Legal terror – A thought from Family Harmony Society…

A thought which I had from many days…

I strongly believe in the below formula to finish legal terror (Updated version).

http://498amisuse.wordpress.com/2010/01/06/how-to-finish-legal-terror/

To implement this formula what we need further?

…We need 625+ local chapters…

…We need 1250+ phone helplines…

…We need 1250+ Leaders…

.

.

Why 625? Whats special about it?

.

.

That is the number of districts in India!!! We need local chapters in each and every district. There can be multiple chapters in same district.

Apart from the known helplines we are always continuously exploring the opportunities for fresh leaders, helplines and local chapters…We have established many fresh helplines all over India.

http://www.498a.org.in/cnt_HlpLineNbrs.html

We have started a campaign to establish numerous helplines at all possible districts which will create a wave all over India.

I have set for me a target to establish atleast 40+ new helpline in 2010 at the rate of 3 helpline per month.

We need to emulate the TamilNadu model where there is one helpline per district. In this regard we get calls at regular interval from various victims, activists…And they ask me?

…I am willing to be a helpline…

…But I am not an expert in 498a…

…How can I be a helpline…

… What is expected from a helpline etc…

To answer those questions we have formulated “Guidelines for a helpline/meeting” below.

…A helpline is nothing but like a “Telephone router” or like “call forwarding” feature in telephone…

…That is, “call forwarding” has to result in the victim getting “Forwarded” to the local meetings…

…A helpline has to simply tell the victim to start attending local meetings…

…If there is no meeting happening because there is just one victim then as soon as another victim calls the helpline, local meeting has to start immediately…

…Meeting has to be held preferably in a park and not in house…

…Meeting time and place has to be decided by its members on consensus among them…

…No answers to legal questions on the phone…

…Inform the victim about the local meeting place, day and timing. That’s all…

…No personal meeting with victim…

…No advocate has to attend the local meeting. This is to be followed strictly…

.

.

.

What is needed to finish legal terror

Filed under: Uncategorized — Fighting Legal Terror @ 8:44 am

What else is needed to finish Legal terror – A thought…

A thought which I had from many days…

I strongly believe in the below formula to finish legal terror (Updated version).

http://498amisuse.wordpress.com/2010/01/06/how-to-finish-legal-terror/

To implement this formula what we need further?

…We need 625+ local chapters…

…We need 1250+ phone helplines…

…We need 1250+ Leaders…

.

.

Why 625? Whats special about it?

.

.

That is the number of districts in India!!! We need local chapters in each and every district. There can be multiple chapters in same district.

Apart from the known helplines we are always continuously exploring the opportunities for fresh leaders, helplines and local chapters…We have established many fresh helplines all over India.

http://www.498a.org.in/cnt_HlpLineNbrs.html

We have started a campaign to establish numerous helplines at all possible districts which will create a wave all over India.

I have set for me a target to establish atleast 40+ new helpline in 2010 at the rate of 3 helpline per month.

We need to emulate the TamilNadu model where there is one helpline per district. In this regard we get calls at regular interval from various victims, activists…And they ask me?

…I am willing to be a helpline…

…But I am not an expert in 498a…

…How can I be a helpline…

… What is expected from a helpline etc…

To answer those questions we have formulated “Guidelines for a helpline/meeting” below.

…A helpline is nothing but like a “Telephone router” or like “call forwarding” feature in telephone…

…That is, “call forwarding” has to result in the victim getting “Forwarded” to the local meetings…

…A helpline has to simply tell the victim to start attending local meetings…

…If there is no meeting happening because there is just one victim then as soon as another victim calls the helpline, local meeting has to start immediately…

…Meeting has to be held preferably in a park and not in house…

…Meeting time and place has to be decided by its members on consensus among them…

…No answers to legal questions on the phone…

…Inform the victim about the local meeting place, day and timing. That’s all…

…No personal meeting with victim…

…No advocate has to attend the local meeting. This is to be followed strictly…

.

.

.

January 14, 2010

Why you should fight legal terror

Filed under: Uncategorized — Fighting Legal Terror @ 6:18 am

Why you should fight legal terror

Friends, May I request to each one in this group to keep blogging your thoughts, ideas etc. We already have a formula in place to finish “legal terror”. We are just looking at guys who can implement this.

http://498amisuse.wordpress.com/2010/01/06/how-to-finish-legal-terror/

Please keep writing your thoughts like…

…How to finish legal terror

…How to convert victims to fighter

…Why people are lazy to participate in initiative

…Why people just keep revolving around their cases…

…How to expose NCW/WCD

And not only thoughts, own them and implement them, execute them…

I know some guys are …

…Convinced that RTI is the answer….

…Convinced that PIL is the answer…

…Convinced that writing to media is the answer…

…Convinced that seminar is the answer…

…Convinced that workshop is the answer…

…Convinced that writing to government is the answer…

…Convinced that press conference is the answer…

…Convinced that WRIT is the answer…

…Convinced that candle light march is the answer…

Which is the actual answer?

Each one of the above…

Whatever you are convinced just share with the group and do it….

If your blood boils because…

…You were humiliated in the police station…

…Your parents were humiliated in the police station…

…You and your parents were looked upon as criminals in the witness box in court…

…Your promotion got affected in the office because of your wife…

…Your career took beating due to these issues…

…You have to run from one lawyer to another, one police station to another, one court to another…

…Your abroad chances got affected because your bail does not permit you to travel…

…Your sister was looked by bad eyes in the police station and court…

…You lost significant money due to your wife…

…You pay maintenance every month due to no fault of yours…

…Your wife laughs at you when you in the accused box in court…

…Your wife is sitting in your house by getting a residence order…

…Your wife sent you and your parent to JC for no fault of yours…

…Your manager comments on you saying your performance has come down…

…You lost many of your child hood friends due to all the problems…

…SHO and his staff humiliated and shouted at you without giving a chance to hear you…

Then you have to fight the system….

If even above events are not enough to make you a fighter then no one save you…Not even GOD…

A thought from Family Harmony Society

www.family-harmony.org

www.498a.org.in

January 6, 2010

How to finish legal terror

Filed under: Thoughts&Articles — Fighting Legal Terror @ 8:06 am

How to finish legal terror

Dear victim Brothers,

I keep getting calls from various victims from various parts of the world from victims of the gender biased laws. These cases will be in different stages. Some of them will be in the pre 498a stage, some will be in the post 498a stage, some will have just 498a, some will have just divorce case, some will have multiple cases, some will be into this issue only from few days, some from many months and some will be in this issue from many years….. But the questions will be common.

The questions will be like…

I am being tortured by my wife…

Shall I go for divorce I already have 125…Can she put DV also.

 .

 .

 .

And And And !!! There will also be questions like.. I have applied for divorce under mutual consent…What precaution I should take next time before marriage!!

There are thousands and thousands of victims but very few commandos. No one has the time to think why they are facing the problem? How this issue can be finished? How can I contribute to finish this problem? Has anyone thought on this? There are very few fighters. The guys who are fighting for such issues neither get support nor help from fellow victims.

Now let us come to the core issue. How to solve these problems of gender biased laws, arrest in 498a, humiliation, money, running to lawyers, police, courts etc…..

It is very simple to think the answer…The answer lies in just one word. And that is …

.

.

.

Awareness

Awareness is the answer. Now you will ask me.

What are you talking suresh? The problem is so complex, So many guys getting arrested, everyone is biased and all… and you are saying that the answer lies in one word awareness? Can you tell me how by creating awareness I can stop the arrest of fellow victims? How can I change the gender biased laws? How can I change the perception of the society?

Yes, I again say that the answer is awareness. Why the police first of all register 498a without evidence? Why they arrest you after 498a without evidence, Why the magistrate pass heavy maintenance without an iota of evidence and proof. Yes we need to create awareness. First we need to identify the correct audience for creating awareness.

Politician – They matter the most!! They make laws. They amend laws. They repel the law

Government people – IAS, Babus, Clerks, Secretaries, PMO, president, chairman’s of various commission e.g. Law commission etc…. – because they tell politicians which law need amendment, which law is required, which law needs to be scrapped etc

Police – Yes, police, because they matters when false complaint is lodged to them

Judiciary – They are the guys who pass order based on emotions, sentiments, sympathy and gender but rarely based on law in matrimonial disputes.

So I talked about where to create awareness to finish legal terror but I did not tell how to create awareness? We need to use following means and avenues to create awareness.

Media – They are powerful. They publish anything and everything because they need news. If we can give them authentic news backed up with data then they will definitely publish it.

Internet – This is era of internet. We can reach out to billions of people using this medium.

Dharna – Has instant effect. Telangana !! We all know!! It took just 8 days for KCR to bend the powerful Central Government.

Seminar – Need to invite the people who matters and give presentation.

Lecture/Workshop – For motivating the victims, to turn them into warrior and commando from victims.

Pamphlets distribution – To change the perception of the society

Candle light march –  We all know Rizwaan case in Calcutta. Has good effect.

Marathon rally –Every metro cities will have such rallies from time to time. Participating in such rallies with our placards/banner will increase our visibility and our message reaches to large local crowd immediately. Mumbai team has done this.

PILs – To communicate the judiciary that there is an issue concerning large number of citizens and to get some relief.

Petitions/RTI campaign – We know that government acknowledges an issue only if large numbers of petition reach them. Send petitions regarding gender biased laws, proposed molestation laws, proposed sexual harassment laws etc. Use RTI to get data to expose NCW and women organizations.

SMS/Email campaign:  To mobilize the people

Fax/Telegram: Reaches our message to the government instantly to mark protes.

Blogs: Best way to express yourself in no time. You dont need to wesite to convey your message to the internet community. It takes just 2 minute to start a blog.

There can be many more such mediums to create awareness. There can always be argument which mode can have more effect. But eventually you need to use all of them. If just Air Force was enough in a war then by this time USA would have captured most of the courtiers. To win a war you need Air Force, land unit and navy…Similarly we also need to have attack from multiple angles. We at Family Harmony Society are using various means and methods to create awareness to fight legal terror within our limited resourse. We have made small teams based on their interest and conviction and assigned tasks for execution. But the challenge is same which SIF is facing from many years.

.

.

.

To motivate the guys

To encourage them

To challenge them

If I ask for volunteer help then people say they are very busy but if they have a question or doubt or need clarification then they want the immediate answer on phone. No wonder these bitches are sitting on our head, laughing at us and walking away with hefty maintenance and relief

A thought of Family Harmony Society

www.family-harmony.org

www.498a.org.in

Create a free website or blog at WordPress.com.