false498a

May 27, 2010

Survey regarding heavy misuse of DV Act

Filed under: Uncategorized — Fighting Legal Terror @ 10:37 am

PRESS RELEASE

 

Subject: “Family Harmony Society” has conducted an online survey through its website www.498a.org.in and www.family-harmony.org regarding heavy misuse of Domestic Violence Act. The survey was conducted over a period from 23-feb-2010 to 01-April-2010. The results of the survey are published herewith. These survey results are also being submitted to Shri Mahesh Tiwari, Jt. Dir., Rajya Sabha Secretariat, for consideration of the Committee on Subordinate Legislation who have invited views of various NGO’s in regard to Domestic Violence Act.

About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.

 

Reasons for conducting the survey:

ü  To demonstrate heavy misuse of the “Domestic Violence Act” by greedy women.

ü  To find out the reasons and motive for heavy misuse.

ü  To demonstrate that “Domestic Violence Act” has only been enacted by parliament for “young married women” whereas all other women such as sisters and mothers of the husbands have been completely ignored.

ü   To find out the opinion of the husbands towards judiciary.

ü  To find out the extent of misuse by women.

ü  To find out the reasons of wife putting wild and imaginary allegations against husband.

ü  To find out the age, qualification of the majority of husbands.

ü  To find out other details such as number of children out of the marriage.

 

Main highlights of the survey:

ü  Majority of the husbands are in the age group of 25-34 years. It clearly shows that “Domestic Violence Act” is being used as a tool to harass the husbands in a failed marriage.

ü  Majority of the husbands have completed post graduation. It is far from true that highly educated persons will engage in wife beating.

ü  Majority of the people have at least one child born out of the marriage.

ü  The majority of allegations against husband are “Dowry Harassment”. When already IPC 498(A) is available for the wife to use in case of cruelty even then wives are filing another case of “Domestic Violence Act” with an intention to harass husbands.

ü  Majority of reasons why wives are putting false allegations against husband are:

  • She wants her husband to throw/cut off relations with his parents/family
  • She listens to and acts in accordance with her parents’ wishes at all times
  • She does not wish to adjust with the husband’s family or take on any domestic responsibilities
  • Her father/brother is hen-pecked and her mother dominates her family
  • She lacks discretion in dealing with her married life
  • She blackmails & intimidates her husband, his parents & siblings to fulfill unreasonable demands
  • She opposes every word of her husband, his parents, siblings, etc.
  • She is possessive and suspicious & is control freak
  • She/Her family has some political connections and threatens
  • She is used to living beyond her means
  • She is suffering from pre-existing mental/medical Problems
  • She had a relationship prior to her marriage and is still maintaining it
  • She has lied about her educational level and has been caught

 

ü  Exparte orders are being passed against husbands even without their knowledge.

ü  In response to a question asking suggestion to improving the Domestic Violence Act, following are the response.

  • Introduce punishment clause for misuse of DV Act.
  • Introduce stringent time limits for disposition of case under DV Act.
  • Make DV Act gender neutral so that husbands, senior citizens also can make a complaint in case of Domestic Violence against them..
  • Multiple proceedings against husbands in various courts should be clubbed so as to save husbands from attending multiple court dates for the same allegations in all similar cases.

ü  In response to a question whether Domestic Violence Act is being misused, an overwhelming 162 people told that the Act is heavily misused.

ü  An overwhelming 133 people told that the Act is not needed at all when already provisions of IPC 498(A), CrPC 125, HMA and other reliefs are available to estranged wives.

ü  Majority of people also told that courts in general takes a sympathetic view of women even if they at fault.

ü  Majority of people also told that while passing maintenance, courts are considering salary of the husbands rather than deciding the case on merits.

ü  An overwhelming majority of people told that courts are passing orders on emotions rather than deciding cases based on law.   

For more information please contact:

P Suresh, President,                                                   M Mahesh, General Secretary,

9880141531                                                                                         9845448472  Family Harmony Society                                                    Family Harmony Society

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