false498a

June 18, 2010

MEMORANDUM TO CHIEF JUSTICE OF HIGH COURT ON THE OCCASION OF FATHERS’ DAY

Filed under: Press_release — Fighting Legal Terror @ 12:43 pm

P R E S S    R E L E A S E

Memorandum TO chief justice of high court

On the occasion of Fathers’ Day

 

About National Family Harmony Society®: “National Family Harmony Society® NFHS 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. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

NFHS has submitted a memorandum to Honorable Chief Justice of Karnataka, Shri P D Dinakaran seeking justice for Fathers and Children separated due to marital discords.

On the occasion of Fathers’ Day, NFHS makes the following demands:

Reforms in Mediation Counseling and Pleadings:

 

  • The presence of and pleadings by Advocates in the Family Court and mediation process should be eliminated as mandated by the Family Courts Act.
  • Persons who are professionally qualified and have a balanced perspective on family and society should be appointed as counsellors and mediators.
  • Counsellors and mediators should be adequately compensated fixing a rate of at least Rs. 20,000 per case, made payable by the spouses equally.
  • Mediators should be given exclusive powers to decide on dates and adjournments and should be required to conduct mediations and counselling throughout the year without holidays.
  • No in-camera and chamber proceedings should be held unless absolutely necessary and the purpose duly recorded in the Court register.

 

Perjury

 

  • Courts should order perjury and contempt proceedings in case of exaggerated statements and false allegations or affidavits related to employment, earnings, cruelty etc. when such allegations are proved to be false.
  • Spouses making false allegations should be punished under the appropriate sections of the Indian Penal Code.

 

Child Custody matters:

 

Family Courts should ensure that both parents are given equal custody of children irrespective of the accusations of either party (such as a mother being adulterous or a father being a drunkard). The practice of showing children for 30 minutes or 1 hour like a TV show to a father without providing him an opportunity to demonstrate his fatherly care and affection should be done away with. We strongly denounce the attitude of the Family Courts which consider children as the exclusive property of the wife and totally deny access to the husband and his family while passing interim and final orders.

We strongly condemn the belief of the Family Courts that the husband alone is bound to earn and maintain his wife and children, even though the wife is either earning or sufficiently qualified to earn.

The practice of passing orders for monetary compensation, should be done away with and instead, parents should be directed to share the responsibilities like buying medical insurance, pay the school fee, purchase clothes, books etc., for children based on their respective and combined financial capacities.

The following steps should be immediately taken by Family Courts across the country to uphold the rights of fathers and ensure the welfare of children:

  • Special fast-track courts should be set up at the earliest to deal with custody issues.
  • Exclusive, fully functioning Divisional Bench should be set up in all High Courts and Supreme Court to hear appeals in matters of child custody.
  • When a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority.
  • Except in extreme cases of violence or unhealthy behavior by either partner, children should be given equal and meaningful access to both parents and grandparents on both sides.
  • Both parents should be given financial responsibility of the child proportionate to their earnings and not based on demands made by either partner.
  • If a partner prevents a child from having equal and meaningful contact with the other partner, they should be counseled first to understand the importance of equal parenting and the best interest of a child.

If either partner repeatedly disobeys orders of equal access and meaningful contact with children, then the children should be placed in the full custody of the partner who will allow equal access to the other parent.

Helpline operated by NFHS in Bangalore

  • 9880141531, P Suresh, President, Family Harmony Society
  • 9731569970, M Mahesh, General Secretary, Family Harmony Society

For more information please contact

P Suresh, President,                                                M Mahesh, General Secretary,

9880141531                                                          9731569970

You are also requested to visit

www.498a.org.in / www.family-harmony.org

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