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May 27, 2010

Memorandum regarding the Inordinate Delays in Family Courts

Filed under: MLA-Karnataka — Fighting Legal Terror @ 11:21 am

Memorandum regarding the Inordinate Delays in Family Courts

 

Submitted to

Honorable MLA

 

We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.

Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.

After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.

We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.

We are constrained to bring to your 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.

Following are 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
  • 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
  • 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

 

The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are.

By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.

The President, The Prime Minister, The Chief justice of India, The Law Commission and The Speaker who are the highest constitutional functionaries of our nation are on record acknowledging the existence of corruption, unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation.

We are part of the Family Harmony Society which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of family laws and judicial system in all its forms and Manifestations.

Honestly concerned about the draconian methods of implementation of the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.

We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests who are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men.

Our country is already divided in the name of language, religion and geographic region. But these gender-biased laws are bringing in another dimension of division of our society in the name of gender.

In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:

Disposal of Cases:

  • The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
  • The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
  • The Family Courts to officially suspend the vacation to the benches till the time limit of Six months is met.
  • All long-pending (one year and above) cases should be transferred to the City Civil 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.

 

Reforms in Mediation Counseling and Pleadings

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

 

Child Custody matters:

  • 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.
  • 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.
  • 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.
  • 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.

 

Perjury

  • 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. 

 

We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

Suresh P                                                                                           Mahesh M

President,                                                                                                   General Secretary

9880141531                                                                                                9731569970

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