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May 27, 2010

FHS files PIL in Karnataka HC re heavy misuse of Multiple provisions of maintenance to estranged wives

Filed under: Uncategorized — Fighting Legal Terror @ 10:52 am

PRESS RELEASE

Subject: “Family Harmony Society” has filed a Public Interest Litigation (PIL) in the honorable High Court of Karnataka regarding heavy misuse of multiple provision of maintenance to estranged wives.

About Family Harmony Society: “Family Harmony Society” [www.family-harmony.org] 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.

Multiple provisions of maintenance: In case of a matrimonial dispute between husband and wife there are many provisions in law in the form of various Act, CrPC etc wherein an estranged wife can claim maintenance from her husband.

Reasons for filing PIL:

  • “Multiple Maintenance” results in “Double jeopardy” which is barred in the Constitution of India.
  • It results in harassment for the husbands who have to run from one court to another to stand trial which is against natural justice.
  • It results in tremendous stress for the already overburdened judiciary.
  • Double maintenance is against the natural justice, which is right of every citizen under Constitution of India.
  • Even though there are arguments that the scopes of these different Acts are different but the relief and end result is same i.e. monetary relief or in other words maintenance.
  • If at all estranged wife feels that the maintenance amount awarded is less she has always the option to approach higher court for revision, there is no need at all to rush to another court to file fresh petition.
  • 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.
  • In case of matrimonial disputes 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.

Survey conducted by “Family Harmony Society”: In order to analyze the magnitude of the problem of “Multiple Maintenance” we conducted an survey. The results of the survey are attached herewith.

Demands of “Family Harmony Society

  • Put an end to the bad practice of filing multiple maintenance cases by estranged wives by directing the lower courts to entertain only one petition of maintenance.
  • Direct the Union of India to mandate Law commission or setup another commission to study how the maintenance laws can be simplified.
  • We seek relief for the suffering husbands to seek appropriate directions and orders from this honourable court till such time parliament passes appropriate amendments to the existing laws.

 

To obtain a soft copy of the PIL and for more information please contact:

P Suresh, President,                                                   M Mahesh, General Secretary,

9880141531                                                                       9731569970 

Family Harmony Society                                                Family Harmony Society

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