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.

Advertisements

1 Comment »

  1. Hello Suresh,
    The points are precise and to-the-point.In the prayer, with regard to the first point, should we ask for an application where the ‘aggrieved woman’ should file an application with a verification/affidavit telling that no maintenance application has been filed before any other court with regard to maintenance? This may be easier to implement and will also prevent more ‘aggrieved women’ from filing multiple maintenance applications to fraudulently get hefty maintenance.

    Prvn

    Comment by Praveen — January 30, 2010 @ 6:09 pm | Reply


RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Create a free website or blog at WordPress.com.

%d bloggers like this: