May 27, 2010

FHS submits MEMO to Hon'able Governor regarding inordinate delays in the matrimonial cases

Filed under: Uncategorized — Fighting Legal Terror @ 10:42 am

P R E S S    R E L E A S E

Subject: Members of the NGO, “Family Harmony Society®”, have today submitted a petition to Honorable Governor, Karnataka, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR) and other cases relate to Family Court, Bangalore.

About Family Harmony Society®: “Family Harmony Society® FHSwww.family-harmony.org / www.498a.org.in ] 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.

Issues faced by litigants in the Family Court Bangalore:

ü   It takes many years before a case is decided in the family court.

ü   The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.

ü   The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.

ü   Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.

ü   In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.

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

Demands of the Family Harmony Society®:

ü   The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months.

ü   The Family Courts to officially suspend the vacation/summer hoildays to the benches till the time limit of Six months is met.

ü   Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also.

ü   The Family Courts to officially state that no new cases to be taken till the old ones are disposed.

ü   All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.

ü   Banning the presence & pleadings by Advocates in the family Court and Mediation.

ü   The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs 10, 000/= per case payable by the spouses equally.

ü   The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays. 

ü   The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.

ü   The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.

ü   The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.

ü   We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access to the Husband and his Family while passing interim and final orders.

ü   We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn.

ü   The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.

ü   The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.

ü   The Family Courts shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false.  Spouses making false allegations are to be punished. 

For more information please contact…

P Suresh, President,                                                      M Mahesh, General Secretary,

9880141531                                                                      9731569970

Family Harmony Society                                                 Family Harmony Society

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