false498a

June 21, 2010

Fathers’ Day becoming Fatherless Day

Filed under: Press_release — Fighting Legal Terror @ 5:02 am

P R E S S    R E L E A S E

ON THE OCCASION OF FATHERS’ DAY – 20 JUNE

Subject: Fathers’ Day becoming Fatherless 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.

Fathers’ Day is celebrated on the third Sunday of June every year, but for many children 20th June will be a Fatherless Day this year.

Every year more and more children are becoming fatherless thanks to the Family Courts which grant sole and total custody of children to mothers, with total disregard to the love and affection that fathers and children have towards each other.

Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to fathers, it is limited to 30 minutes or 1 hour in a month contrary to the requirement of the UN resolution that no child should be denied access to either parent.

Indian Family Courts appear to have declared a war against fathers and are adopting every possible means to create a “fatherless society” and to reduce men to mere ATM machines and sperm donors.

Cases filed in Family Courts linger on indefinitely while wives enjoy full custody of children, interim maintenance and child support at the expense of husbands.

The attitude of the Family Courts in the matters of ordering child custody/visitation, maintenance and alimony is completely biased against husbands. Even in the few cases where fathers manage to obtain visitation rights, no action is taken against mothers who disobey the orders. On the other hand, fathers who try to visit their children are accused of trying to kidnap their own children.

While there is much emphasis on a wife’s rights on husbands and children, no order is passed on the responsibilities of a wife towards herself and her matrimonial family. Husbands, on the other hand, are heaped with disproportionate responsibilities with no rights over their wives or children.

The brazenly anti-male mindset of Indian Family Courts is making it a crime to be born male in India. The continued onslaught on men and manhood is gradually destroying the faith of men on the system of marriage and societal values as a whole. As a result many men are being forced to commit suicide or shun marriage altogether paving the way for a fatherless society full of single mothers in the future.

We strongly denounce the attitude of the Family Courts which consider children as the exclusive property of the mother and totally deny access to the father and his family. 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.

Family Courts should ensure that fathers are given equal custody and unhindered access to children that mothers enjoy. 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.

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

NFHS has recently joined Nationwide Boycott of Family Courts on 18th June 2010, in association with All India Men Welfare Association (AIMWA) and many other NGOs to highlight the above issues. This protest was organized across Bangalore, Hyderabad, Chennai, Delhi, Lucknow, Mumbai, Calcutta, Nagpur and many other cities all over India.

NFHS also participated and supported the “NATIONAL FATHERS DAY RALLY” on 19th June 2010, to stop the creation of a fatherless society organized by CHILDREN’S RIGHTS INITIATIVE FOR SHARED PARENTING (CRISP) in Bangalore.

NFHS also submitted a memorandum to Honorable Chief Justice of High Court of Karnataka Shri PD Dinakaran on 18th June 2010 regarding various child issues related to matrimonial disputes in Family Court in Bangalore.

All these protests and events have received wide media publicity in print and electronic media. Please see the link for some of the coverage. Please check link below.

http://498amisuse.wordpress.com/category/ngo-related/press_coverage/

http://498amisuse.wordpress.com/category/ngo-related/protest-news/

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

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

June 16, 2010

Nationwide Boycott of Family Courts

Filed under: Press_release — Fighting Legal Terror @ 9:55 am

P R E S S    R E L E A S E

Nationwide Boycott of Family Courts

On 18 June 2010 – Friday before 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 is joining a Nationwide Boycott of the Family Courts called for by All India Men’s Welfare Association (AIMWA) on 18 June 2010 as a sign of protest against the Family Court system which blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own biological children.

We concur with the recent observation of the Hon’ble Supreme Court of India that “the Hindu Marriage Act is breaking more families than uniting”. We would like to add that the worst sufferers of the Indian Family Court system are fathers and children.

Indian Family Courts have declared a war against fathers and are adopting every possible means to create a “Fatherless Society”. The modus operandi of the Family Courts includes:

 

  • Depriving fathers of the right to love and care for their biological children.
  • Forcing fathers to pay huge sums of money to support children they are not allowed to see. 
  • Encouraging false allegations of abuse to paint fathers as unfit parents.
  • Permitting multiple legal battles by mothers to eliminate biological fathers from their children’s lives.
  • Passing ex-parte orders based solely on the allegations made by a child’s mother.
  • Allowing mothers to brazenly disobey visitation orders without legal repercussions to her.
  • Allowing biological fathers to be labelled “kidnappers” for trying to make contact with their own children.
  • Prolonging custody/visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children.

It is time everyone recognizes that:

–          Denying access to one’s own biological children is abuse of human rights.

–          Depriving children of the love and care of their biological father is abuse of children’s rights.

NFHS hereby registers its vehement protest against the separation of fathers from their biological children, and the concomitant violation of Human Rights perpetrated by the Family Court system against fathers and children.

NFHS shall continue to agitate against the Family Court system until the following demands are met:

  • 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.
  • Similar to the way the granting of maintenance to an estranged wife is made as a rule irrespective of whether she erred or not, granting 50% parenting should be made as a rule irrespective of whether the father is paying the maintenance or not, whether he has erred or not.
  • 50% child custody should be a Right of the Father rather than an option. 50% child custody should be started from the 2nd year of the child. No father should be rejected of the 50% child custody even if he is a criminal.
  • Maintenance should be denied to the wife if she rejects 50% child custody to the father.
  • Family Courts should ensure that Child will not be used as a bargaining tool for maintenance & alimony by the wife.

 

NFHS hereby calls upon all fathers to

–          Join our Nationwide Boycott of Family Courts on 18 June 2010 as a symbol of protest against the creation of a fatherless society!

–          Sign our Petition listing out the changes we demand from the Family Court system in child custody matters!

–          Refuse to pay maintenance and child support unless the aforementioned demands are met!

Settle for nothing less than free and fair access to their children and an equal opportunity to build a meaningful relationship with their children!

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

June 15, 2010

Elder Abuse Awareness Day

Filed under: Press_release — Fighting Legal Terror @ 11:31 am

P R E S S    R E L E A S E

ELDERS ABUSE AWARENESS DAY

June 15th is the 5th annual Elder Abuse Awareness Day. Organizations and communities across the world are engaging in activities which will raise awareness of this serious problem affecting elderly citizens worldwide. Elder Abuse Awareness Day was started in 2006. In its initial year, several hundred organizations and government entities participated in activities intended to help promote a better understanding of the issues surrounding elderly abuse in nursing homes around the world. Participation in the event has grown considerably each year.

National Family Harmony Society® is working towards creating awareness from many years regarding various issues of the aged, elder, ailing and senior citizens in India. NFHS has drawn the attention of the Government on the occasion of elder’s abuse awareness day regarding various issues faced by elderly senior citizens in India.

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.

It is a well known fact that normally in the context of Indian society and culture aged old parents normally stay with their son and daughter-in-law in the last leg of their life. It is being increasingly noticed as a trend that often such aged parents are tortured and harassed by the daughter-in-law and are exploited due to the fact that they are old, weak, ailing and do not have a place to live in the older age. Unlike the western countries where there are shelter homes provided by Government, In India such aged, elderly parents have to depend upon their son and daughter-in-law for their survival, medical treatment and care etc. This is also a fact of the life that once a person cross 50+ they suffers from various ailments for which they need extra care, affection treatment extra etc. A modern, young, well educated and working daughter-in-law considers age old parents of her husband a burden on her, as she needs to take care of them and also because she considers them an inhibition on her freedom to life.

“This is a well known fact that misuse of dowry laws (IPC 498A) and other women protected laws like Domestic violence Act now has become a well recognized problem in India. Increasing number of aged old parents in the husbands family are falsely accused and arrested and thrown out of their houses under these laws, and find them defenseless against legal terror unleashed thereafter. As per NCRB data 3500 senior citizens were falsely arrested merely on a false complaint of daughter-in-law.” said President of NFHS P Suresh.

“Over the years, various responsible agencies including Indian Judiciary has stressed on the need for amending these atrocious laws. The world health organization identified misuse of IPC 498A as the prominent reason for elder abuse in India” said General Secretary of NFHS M Mahesh.

A report on ”Elder abuse in India” by the United Nations, talks of dowry laws in India that girls are misusing to harass their aged, elder in-laws. Aged parents, after struggling lifelong and after discharging various duties and responsibilities such as education of the children, house, and marriage of the children wants a peaceful life in the old age. But as is found by various research reports by various NGO’s across India, they suffer the most in case the marriage of their son and daughter-in-law ends in dispute. Under the dreaded and dangerous IPC 498A the elderly parents of the husbands are immediately arrested and sent to prison, just on a written false complaint of the daughter-in-law. After a struggling life the elderly parents have to undergo the harrowing and humiliating experience of prison and police station.

“Why the aged old parents are immediately arrested just on the false complaint of daughter-in-law? Why the repeated pleas for amending these laws over the years by various NGOs and various courts are not being heard? Why are so many senior citizens being traumatized during the last leg of their lives?” NFHS activists have asked these uncomfortable questions to the Government.

IPC 498A has brought in large scale elder abuse. Apart from undergoing humiliation and harassment in the police station, courts etc and after running after the court for many years are acquitted. Such acquittal is meaningless as over the years these aged parents go through depression, disease, harassment, humiliation, torture etc.

Along with IPC 498A, Domestic Violence Act also has become a cause of worry for the innocent elders on whom false cases under these laws are being booked. Under the Domestic Violence Act, if a daughter-in-law gives a complaint to the magistrate then the entire family of the husband including his aged old parents is thrown out from the house and is forced to stay away from their own houses which they had built after years of struggle with their lifelong savings. In the name of protecting “a young married wife” senior citizens are abused and are humiliated by a system which is insensitive to the needs of elderly people.

Thoughtful points

  • As per NCRB data 3500 senior citizens were falsely arrested last year due to the misuse of 498A. It means every 2.5 hours one senior citizen is getting arrested.
  • On a false complaint under Domestic Violence Act, aged old parents are thrown out of their house.
  • In the last leg of the life when aged old parents need care and affection are humiliated, harassed and arrested.

Demands of the NFHS

  • Elderly, aged old senior citizens should not be arrested merely on a false complaint of daughter-in-law when there is no evidence and complaint is lodged with ulterior motives.
  • Just as a “young married wife” has right to stay in the house of the husband, similarly a law must be enacted for similar “right of residence” for parents.
  • A new law must be enacted on the lines of IPC 498A where on a complaint by elderly parents of husband, there must be provision to arrest daughter-in-law if she is found harassing aged old parents of husband. This proposed law must be non-bailable similar IPC 498A.
  • Government must make compulsory provisions of pension for elderly persons and make a new law for “right to live” which will guarantee minimum monthly allowances.
  • In case the complaint of the daughter-in-law against aged parents of the husband is found false then there must be provisions to punishment for daughter-in-law which will act as a deterrent against further misuse of law.

 

For more information please contact

P Suresh, President                                                          M Mahesh, General Secretary

9880141531                                                                       9731569970

June 2, 2010

FHS demands scrapping of Section 498(A)

Filed under: Press_release — Fighting Legal Terror @ 9:05 am

PRESS RELEASE

Subject: “Family Harmony Society” demands scrapping of Section 498(A), even as Pakistani cricketer Shoaib Malik gets implicated in it.

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. “Family Harmony Society”, a men’s rights organization, creating awareness about the “Legal Terrorism” spread by misuse of marital laws like Section 498(A), Domestic Violence Act, etc. We, voices our strong concerns and objections in the matter of a case under Section 498(A) being filed against Pakistani Cricketer Shoaib Malik.

Marriage disputes before, during and after marriage are civil disputes and they have to be tried under a civil court. It has become a regular habit for women and their families to invoke section 498(A) for every petty dispute in marriage.  It is dangerous if every marriage or relationship dispute is considered a crime by the Government and it sends police to interrogate, counsel or settle these marital disputes. “What crime did Shoaib Malik commit that he is victimized in this way?” ask FHS activists.  Whether the claims by Ayesha Siddiqui are false or true, that is up to a family court or civil court to decide and give a judgment.

“Where do police come into picture?”

“Is Shoaib Malik posing a threat to anyone?”

“What Ayesha was doing till the marriage of Sania and Shoaib was announced?

Activists of the FHS have asked these above uncomfortable questions to Government and police.

The Hyderabad Police has done a grave mistake by accepting this complaint against Shoaib Malik, taking further action on it and retaining his passport. Instead, they should have simply redirected Ayesha’s family to the family court as it is a civil dispute. Either it is a case of divorce or null and void marriage. But by filing Section 498(A) against the cricketer, the police had clearly demonstrated lack of knowledge of a law 27 years old. Police is not the correct authority to interfere, investigate or counsel a family dispute. For this purpose “family courts” have been set up who should handle such cases. Government stops considering all marriage disputes as crime against women, at a time when the separation and divorce rates have risen quickly almost 7% from 1% a decade back.

The Government must scrap section 498(A) of IPC on April 16th as soon as parliament meets for Budget session. Section 498(A) is the most misused section of Indian Penal Code and there will be social unrest unless legal terrorism under this law stops. In 2008, more than 81,000 cases of 498(A) were registered which resulted in arrest of 37369 women and 127492 men. This law presumes the accused to be guilty till proven innocent.

 

Scrapping 498(A) will not harm women because real victims of dowry harassment or cruelty can use the Dowry Prohibition act and Domestic violence act to seek protection and justice. Section 498(A) is redundant today and it has done more damage to society than helping anyone.

So far as Shoaib Malik is concerned, the section 498(A) against him has to be dropped immediately and his passport should be returned to him. Indian Supreme court has warned against legal terrorism due to misuse of this law. Even president of India warned against its misuse. This law considers the accused to be guilty till proven innocent and the burden of proving oneself innocent lies with the accused.

If Government does not send a clear message in the case involving Shoaib Malik, then soon there will be enough women in India, who will claim that they have secretly married movie actors, cricketers and file cases of cruelty against them and then extort money. By not scrapping 498(A) IPC, Government is facilitating extortion, harassment and blackmail of innocent people. Government must scrap section 498(A) of IPC to save Indian families from breaking and to avoid harassment to innocent citizens.  

For more information please contact:

P Suresh, President, 9880141531                                 M Mahesh, General Secretary, 9845448472

Family Harmony Society                                                                          Family Harmony Society

May 31, 2010

“Family Harmony Society® organized a “OPEN COURT” to listen the cases of husbands

Filed under: Press_release — Fighting Legal Terror @ 1:00 pm

P R E S S    R E L E A S E

An “Open Court” to listen the cases of husbands

“Family Harmony Society® organized a “OPEN COURT” at its weekly NGO meeting on Sunday (23rd May 2010) in Indira Nagar Park to listen the cases of harassed husbands at the hands of violent and aggressive wives.

About Family Harmony Society®: “Family Harmony Society® FHS 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.

“Stories of harassment and torture poured in at the “Open Court” organized to hear the painful and harrowing stories of husbands who claimed are victims of domestic violence at the hands of their arrogant and aggressive wives.” says president of FHS, P Suresh.

He further added that “Those days are gone when wives used to claim victims of domestic violence. Now the time has taken a full circle and the 21st century girl is modern, well educated, working, earning handsome salaries and rubbing shoulder to shoulder with male colleagues.”

M Mahesh who is General Secretary of the NGO and who also heard the cases says “The biggest problem in the society in Indian context is ‘Disintegration of families’ due to alarming rate of increase in divorce.”

He further adds that “A financially and socially independent women nowadays is not ready to accept IN-LAWS in the house and wants to have nuclear family with husband and children alone. This is breaking the century old Indian system of ‘Joint family’ which used to give security and safety to each member of the ‘joint family’ at any point of time in life”

P Suresh says Today we received a case of a tailor, who earns a monthly salary of 4000/- per month by stitching old cloths and his wife has put a false case of dowry harassment and Domestic Violence. He was arrested and was in jail for 45 days. Also the wife is claiming a monthly of 8000/- rs. If the husband is sitting in jail then how can he earn and feed his family?” asks P Suresh

“The tailor was in tears, shock and trauma but after meeting other victims and listing to their stories he became little composed as he realized he is not alone who has been falsely implicated by misusing dowry laws and domestic violence laws which were created by parliament with good intentions to help needy women”

Raghevendra Naik who is ‘Public Relation Officer’ of the NGO says that “Laws made by the parliament for the needy women are being heavily misused by the Greedy women and adds that is the reason 98% of the dowry cases filed by the women are proved false in the court of law as the petty matrimonial disputes are being converted into false criminal cases.”

Prasad who came from Mysore to attend the “Special hearing for husbands” says that “My wife was having an extra martial affair with her college mate and when I found she slapped a false dowry case on me. I am earning well and I have not taken a single paise from my in-laws but police won’t listen to me saying, We have to register the case as it is from a women else we will be in problem if your wife complains to higher officer”

With tears flowing down his cheeks Prasad further adds that “No one listen to us as we are husband and in this country it is assumed that only women can be victim of domestic violence. My life is spoiled and in the name of protecting women police has registered a case against my mother also. Is my mother not a Women? Does Women means only young and newly married wife?” He asks these questions and breaks down.

Shivalingaiyya who came all the way from hassan says that “I was looking for a suitable girl for me after I got separated from my first wife amicably and took mutual consent divorce. I came to know about this girl who was a widow. We had initial discussion when we came to know that she was the one who has killed her husband and she was in jail too. So I told them that I am not interested but to by utter shock on a fine morning that girl, her brother, parent and few more rowdies landed at my house early morning at 5 am and forced me to tie thaali around her neck and took pictures and then left”.

“Then after few days they filed a false case of dowry harassment against me. I am thankful to the police that they did honest investigation and gave a report to the court that I am innocent and have been falsely implicated in the case” added Shivalingaiyya who is still unable to come out of the shock and trauma.

P Suresh says that “Shivalingaiyya was probably lucky to get a favorable report from police who did free and fair investigation but that is not true in most of the cases. Police is under pressure from women organization and they do not want to be seen against women and that’s why in most of the cases they file ‘charge-sheet’ against husband and his family and wash their hand saying it is a family problem so go and fight in the court”.

M Mahesh says that “Almost all the High Courts and supreme court have acknowledged that Dowry laws are being heavily misused by women to settle score with the estranged family. Recently Union ministry of home affairs has issued a circular and guidelines to all the state governments to be very careful in registering the dowry cases as they are receiving large number of complaints regarding misuse of dowry and related laws”.

So what is way out? Should the women related laws be scrapped?

“No, there is no need to scrap these laws but there needs to be checks and balances to see that these laws are not misused to settle score with husband and his family. Also these laws should be made ‘gender neutral’ so that those husbands who are victim of domestic violence are also able to lodge complaint against errant wives”. Says P Suresh

He further adds that “Police, Judiciary, Lawyers, Society etc needs to be sensitized about the gravity of the issue. We need to keep in mind that on a false complaint of women, two more women (mother & sister) are arrested by the police. Also police should not use force and harsh language against husband and his family as this proves counter-productive in case the couple wants to stay together again.”

Helpline operated by FHS 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

Family Harmony Society® submitted memorandum to Principal Judge, Family Court, Bangalore

Filed under: Press_release — Fighting Legal Terror @ 12:58 pm

PRESS RELEASE

Subject: About 25 members of the NGO, “Family Harmony Society”, submitted memorandum to Principal Judge, Family Court, Bangalore, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR).

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.

Issues faced by litigants in the Family Court Bangalore:

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 one year.

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 Rs10, 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.  And spouses making false allegations are to be punished. 

For more information please contact:

P Suresh, President, 9880141531                                    M Mahesh, General Secretary, 9845448472

Family Harmony Society                                                                                 Family Harmony Society

Family Harmony Society® has filed a Public Interest Litigation (PIL) in the honorable High Court of Karnataka

Filed under: Press_release — Fighting Legal Terror @ 12:44 pm

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

Family Harmony Society® supports Sunfeastworld10K Marathon

Filed under: Press_release — Fighting Legal Terror @ 12:39 pm

P R E S S    R E L E A S E

                      

Sunfeast WORLD 10K            Family harmony Society

 

Our NGO supports Sunfeastworld10K Marathon to protest against Marathon delays in disposing matrimonial disputes like Divorce, Child custody in Family Court. We dedicate this marathon to the suffering Women and Men in Family Court, Bangalore due to severe delays in settling disputes.

 

About Family Harmony Society®: “Family Harmony Society® FHS 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 / www.498a.org.in.

Issues faced by litigants in the Family Court:

“It takes many years before a case is decided in the family court. 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. The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.” Said President of Family Harmony Society, P Suresh

“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. 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.” Said General Secretary of Family Harmony Society, M Mahesh

“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.” Said Executive member of Family Harmony Society, Raghvendra Naik

Demands of the Family Harmony Society®:

“The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months. The Family Courts to officially suspend the vacation/summer holidays to the benches till the time limit of Six months is met.” Demands General Secretary of Family Harmony Society, M Mahesh. He further asks that “when the litigants are suffering so much then how can Court go on vacation leaving behind huge pile up of cases.”

“Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also. The Family Courts to officially state that no new cases to be taken till the old ones are disposed. All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.” is the demand made by President of Family Harmony Society, P Suresh

“Presence & pleadings by Advocates in the family Court and Mediation Centre should be banned. 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.” Said Executive member of Family Harmony Society, Ritesh Saxena.

 

“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”  Said Executive member of Family Harmony Society, Uday Reddy.

 

“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 because when the husband and his family members are arrested and the dispute has reached to police station and courts then there is no logic is mediating the warring couple” Said Executive member of Family Harmony Society, Kiran

 

“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. 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.” Demands Executive member of Family Harmony Society, Umesh G

 

“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.” Demands Executive member of Family Harmony Society, Vikas

 

“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.” Said executive member of Family Harmony Society, Vinod

 

“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.” Said executive member of Family Harmony Society, Prasad

 

For more information please contact…

P Suresh, President,                                                M Mahesh, General Secretary,

9880141531                                                                     9731569970

Family Harmony Society                                           Family Harmony Society

 

You are also requested to visit…

www.498a.org.in

&

www.family-harmony.org

Family Harmony Society® submitted MEMO to the Honorable Chief Justice of Karnataka

Filed under: Press_release — Fighting Legal Terror @ 12:38 pm

P R E S S    R E L E A S E

Family Harmony Society® submitted MEMO to the Honorable Chief Justice of Karnataka to suspend summer vacation in the family courts due to huge pendency and backlog of cases.

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.

Demands of the Family Harmony Society® in the MEMO:

Suspension of Summer Vacation in Family Courts till Disposal of all long pending Cases (More than 3 year)

  • The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
  • The Family Courts to officially suspend the summer vacation to the benches till the time limit of Six months is met.
  • The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
  • All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
  • Induct more judges and extend the court timings to late evenings and over Sundays also.

Automatic Divorce in case of IPC 498A or Domestic Violence case:

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

Inordinate delays in the Family courts: We are constrained to bring to CJ’s notice that there is inordinate delay in disposal of matters brought before the Family Courts.

For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.

The Memo also listed some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:

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

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

Helpline operated by FHS 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

Family Harmony Society                                                 Family Harmony Society

 

You are also requested to visit…

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

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