false498a

June 20, 2010

Single Father on Father's Day

Filed under: Uncategorized — Fighting Legal Terror @ 4:05 pm

Single Father on Father’s Day

Vodpod videos no longer available.

more about “Single fathers on Father’s day“, posted with vodpod

 

June 4, 2010

Help us to Fight Legal Terror

Filed under: Uncategorized — Fighting Legal Terror @ 1:35 pm

To help us in the fight against legal terror please contribute via paypal link in http://498a.org.in/

National Family Harmony Society

June 2, 2010

Ruchika incident and media activism

Filed under: Uncategorized — Fighting Legal Terror @ 8:38 am

Ruchika incident and media activism

It is heartening to see that there is a large cry from society to punish the former DGP. The media both print and TV channels are competing with each other to show this on their prime time and asking for severe punishment for this guy. Well Well…. Any one opposing this? I don’t think there is a single voice. But at the same time it is sad to note that media is only high lighting the high profile cases. They don’t have time to think and telecast what went wrong? What can be done to stop such events? Has anybody thought on these issues?

The judiciary must be fast enough to dispose the cases. It takes years before a case is charge sheeted. It takes again years before it comes for evidence stage and again years for cross examination and again years before judgment is pronounced. So what is the answer? More courts, more judges? Will that solve the issue? To certain extent yes but overall the system needs overhauling. We have a justice system in place which we inherited from British people who made this to suit their requirements and we are just continuing this ……. If we double the number of courts then it will solve the problem temporarily but after few years we will be back to square one. We need an efficient system. Apart from Supreme Court and few High courts no courts are using Information Technology.

What else can be done? Police Reforms. We have the police who are not fit enough to nor catch a thief nor fight with terrorist. They do shabby investigation. Mostly motivated by how much they will benefit in the case. Right from registering a case till filing charge sheet in the court they need bribe. It is the same police who are responsible for investigation; maintain law & order, special duty, VIP security, passport verification….!!!

An effective Human Right Organization; In the current environment people are scared to enter a police station, because everyone know they use third degree and our Human right organizations… We know what they are doing. If we complain against a police inspector to SHRC/NHRC they send the same complain for enquiry to the same police station. It is like if a person has raped and girl gives a complaint to police then the police appoint the same rapist as the enquiry officer!!

No one has time to think on issues and their solutions. Everyone is happy to hang SPS Rathore and move on in the life till another Ruchika incident happens. Long live Indian society.

P Suresh

President, Family Harmony Society, Bangalore

http://www.family-harmony.org

No women judge in Supreme Court: President of India!!!

Filed under: Uncategorized — Fighting Legal Terror @ 8:31 am

No women judge in Supreme Court: President of India!!!

Recently there were news reports that the Honorable President of India has made some file noting where she desired to have a women president as a judge in the Supreme Court. So in this regard my questions are “Are the top posts like Supreme Court judges have to be decided based on gender”? This is a wrong precedent. Whereas it is most welcome if a woman with competent skills, required qualifications and criteria can be appointed a judge of the Supreme Court but just for the sake of a women judge is it correct to push a woman to the top most post. And the same is true for the man. The Supreme Court is the top most court in the country. It is the hope of a 1 billion people of India. What I mean to say is this talk of persons pushed through out of way based on caste, religion or gender must be stopped.

Recently some press person asked Rahul Gandhi, “having come a long way after Independence how much more time will it take for India to have its first Muslim prime minister” and Rahul Gandhi gave a very fitting reply that “It is not about what religion or community you come from, it is what you bring to the table, what capability you have. Today, Manmohan Singh is not the Prime Minister of India because he is a Sikh. He is the Prime Minister because he is the most capable person to do the job.
And let me tell you something that even when you do have a Muslim prime minister, he will be a prime minister because he is the most capable person,”
39-year-old Gandhi said.
He told a questioner, “You need to step up and the number of leaders coming out of your community needs to go up. You got today a Sikh prime minister that nobody would have ever imagined in a country of over a billion people that we would have a Sikh prime minister. Sikhs are a very small percentage of this country”
That is a fitting reply to an unnecessary and unwanted question.

India should make efforts to move towards gender neutral society instead of gender discrimination. Instead of an irrelevant file noting that “Why there is no women judge in the supreme court” it would have been nice if the honorable President had asked important questions like. “What is being done to reduce the number of cases in judiciary?” “What is being done for judicial accountability?” “What is being done for judicial reforms?” “What is being done to reduce the years of a litigant?”  These are important questions which needs immediate attention and considerations of Government. Rather they are still dancing around women vs man!!!

May 27, 2010

FHS files PIL in Karnataka HC re heavy misuse of Multiple provisions of maintenance to estranged wives

Filed under: Uncategorized — Fighting Legal Terror @ 10:52 am

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

FHS supports Sunfeastworld10K Marathon to protest against Marathon delays in disposing matrimonial disputes

Filed under: Uncategorized — Fighting Legal Terror @ 10:50 am

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

FHS held seminar regading "breaking of families" due to heavy misuse of "gender biased laws"

Filed under: Uncategorized — Fighting Legal Terror @ 10:46 am

P R E S S    R E L E A S E

International Day of Families – 15 May, 2010

How the Gender biased laws in INDIA are breaking families

 

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.

On the occasion of International Day of Families – 15 May, 2010, Family Harmony Society® held Seminar at its weekly meeting at Indira Nagar, Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.
The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.

The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. As a result, the big fat Indian weddings are getting bigger while marriages are getting weaker and shorter. Houses are getting bigger while the hearts are shrinking and the Indian household is shattering into pieces.
Sadly, the United Nations, while observing a special day to highlight the importance of families, is simultaneously contributing to the destruction of the family in many countries around the world, including India, by sponsoring policies and laws which are harmful to the Family.
Criminalization of marriage and family relationships

Several decades ago, under the garb of equality, the communists and feminists the world over have undertaken the systematic destruction of the Family. They have portrayed marriage and family as oppressive institutions for women. They have projected understanding and tolerance to build harmonious marital relationships as a form of slavery. They have portrayed men as criminals and aggressors, and women and children as hapless victims who need to be rescued from them. They have pushed for importing of senseless anti-family laws to India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.

Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.

In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.

New weapons of family destruction or more lethal versions of existing ones are always on the anvil, thanks to anti-male, anti-family organizations, and one is never sure when and how they will strike another death blow on the family.
Legal Sanction of homosexual relationships, live-in-relationships, pre- and extra-marital relationships

After creating various fetters to discourage heterosexual marriage and normal family relationships, there is an upcoming trend of granting legal sanction to hitherto unacceptable homosexual relationships, live-in-relationships, pre- and extra-marital relationships through outrageous remarks and judgments by the judiciary, and even laws made by our elected representatives.
Sexual Freedom i.e. an individual’s right to have unrestrained sex with anyone appears to be the basis for women’s rights. The National Commission for Women (NCW) encourages adultery by women by seeking legal measures for an adulterous wife to claim maintenance from her husband. In other words, a husband is obliged to maintain a woman who is sleeping with someone else! Also, adultery by a man is a criminal offence, but adultery by a woman is, at best, equivalent to a woman’s sexual expression and liberation, and at worst, a civil wrong.
While the NCW is spearheading a sexual revolution, ultra-liberal celebrities like Khushboo are encouraging women to abandon the ideals of premarital virginity and marital fidelity as vestiges of worthless Indian morality. According to them, promiscuous sex should be seen as a morally indifferent and innocuous source of pleasure. How innocuous this source of pleasure can be is indicated by the rates of teenage pregnancies, sexually transmitted diseases, abortion and foeticide, illegitimacy, and adolescent crime in the Western countries.
American author and judge, Richard Posner, aptly notes in his book Sex and Reason, the “freer women are sexually, the less interest men have in marriage.” With demands for maintenance to an adulterous wife, one should not be surprised, if, in a few years, Indian men, on a large scale, will shun marriage like their Western counterparts, as marriage is not a necessary ticket to a woman’s bedroom. NCW seems to want to transform women into easily disposable sex objects so that there are more and more abandoned, destitute, frustrated, angry women, who hate themselves and men, and NCW’s survival is guaranteed for many more generations.
Promoting a fatherless society

Enjoying the love and affection of both parents is not only a basic right of children, but it is also important for a child’s normal development. Disregarding children’s welfare and best interest of children, anti-family laws have been designed to violate a child’s right to the love and affection of both parents.
Statistics from the United States reveal that, compared to children in intact families, children in fatherless homes are:

  • 5 times more likely to commit suicide
  • 32 times more likely to run away from home.
  • 20 times more likely to have behavioral disorders
  • 14 times more likely to commit rape.
  • 9 times more likely to drop out of high school.
  • 10 times more likely to abuse chemical substances (become drug addicts)
  • 9 times more likely to end up in a state-operated institution
  • 20 times more likely to end up in prison.

In addition, 3 million teenage girls have sexually transmitted diseases, and at least 1 out of 4 teenagers in the age bracket 14-19 suffers sexually transmitted diseases.
While there is ample evidence to show that children need both parents, Indian “family laws” have stolen the right of a father to love and care for his children, but impose unlimited financial responsibilities on the father. Giving unfettered right of access to children to the mother and little or no visitation to the father is the order of the day. Custody laws allow for passing of ex-parte orders to take away the custody of a child from the father on the sole basis of the self-serving affidavits of a complainant woman. In fact, false allegations of abuse are made and cases filed under IPC Section 498a and Domestic Violence Act as a means to strategically eliminate fathers from children’s lives.

The few fathers who succeed in getting visitation orders are left with just the paper orders which even the courts which passed them are unable to uphold if disobeyed by the mother. Fathers who try to make contact with their own children are labelled kidnappers and are constantly under the fear of being arrested unless they give up their desire to see their children.
Why this trend continues and who benefits?

The realization of the communist’s and feminist’s dream of female sexual revolution, responsibility- free relationships, and fatherless homes comes with a huge price tag, which includes the destruction of marriage and the family, increase in the number of illegitimate children, legitimate but fatherless children, juvenile and adolescent crime, unwanted pregnancies, abortion, and numerous abandoned and frustrated women. There is also an increase in the number of men committing suicide or murdered by abusive or adulterous spouses.

These dangerous trends continue because most common men are unaware of what is brewing in the name of women’s rights and empowerment. Many of those who are aware think, “I am a good person, and those who are complaining must have done something to deserve the suffering”. Most others think this hue and cry about destruction of the family is a joke. It is certainly no joke, and the thousands of men who have been jailed along with their families, rendered homeless and deprived of their children will tell you why. If not, you can be sure that before you realize it, your own family or a family you know could fall prey to the vicious agenda of radical ideologues.

These harmful trends prevail because people are ignoring the fact that marriage and monogamy are a result of social evolution with inherent benefits and costs to both sexes, involving a lot of compromises and adjustment. Many do not understand that partner violence is a reality but it happens because of three reasons (1) Psychological problems (2) Addictions and (3) Criminal tendencies. Many do not realize that majority of partner violence occurs due to the first two reasons, that violence due to criminal tendencies is very rare, and most importantly, that partner violence is not gender-driven.

Meanwhile, everyday, scores of marital discords are being escalated into criminal cases and legal battles. They give a sense of instant gratification, revenge or a false feeling of control to a disgruntled woman and her family, but in reality, the only people who benefit from this are middlemen – women’s organizations, police, lawyers, judicial officers and court staff – who are eagerly scavenging to get rich at the expense of the decaying family system, not realizing its consequences to their own families and the future generations.
The way ahead

The Universal Declaration of Human Rights states, “the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State.” It also states, “men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution. ”

The import of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-family laws as a major factor contributing to the increasing abuse of the elderly in India. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. Many young men have lost the most productive years of their lives fighting false allegations of abuse. There are also an increasing number of unhappy single women and mothers, as the one and only institution that had served as the source of constant support and protection for the woman is now under severe threat.

Unless all responsible citizens rise up against the tyranny of anti-family laws and the system that implements them, there is no hope of survival for the Indian Family.

Resolution by Family Harmony Society…

On the occasion of International Day of Families, Family Harmony Society will be passing a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws.

A Joint Action Committee will be formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.

Appeal to the Government

We appeal to the Government, media and society to play a positive role in strengthening the institution of Family instead of precipitating its destruction. The Government of India should NOT allow radical, anti-family organizations or individuals to take part in making or amending laws. The media should stop sensationalizing family disputes and spreading half-truths either in the name of news or entertainment. Every member of the society should understand that the Family is our only system of social security, and must reject laws, policies and activities which harm our families.

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

FHS submits its suggestions to “Committee on Subordinate Legislation” regarding DV Act

Filed under: Uncategorized — Fighting Legal Terror @ 10:44 am

PRESS RELEASE

Subject: “Committee on Subordinate Legislation” has invited Comments/Suggestions on “Protection of women from domestic violence rules, 2006 (Bill No.: G.S.R. 644(E))” from individuals/organizations/institutions/experts on the working and efficacy of the said Rules. “Family Harmony Society” has submitted its written Comments/Suggestions on the above mentioned subject to the committee. We have also asked for oral pleadings in front of the committee members headed by senior MP Smt Najma Heptullah.

About FHS: “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. “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.

Main highlights of our Comments/Suggestions submitted to the committee: In order to alleviate the sufferings of the victims of the misuse of the PWDVA, we have submitted following list of proposals and suggestions for the kind consideration of the said committee.

 

  1. 1.       Remove the word, “Women” from the name:

“The Protection of women from domestic violence Act” and the Protection of women from domestic violence rules, were framed and legislated based on a myth and assumption that only women under go domestic violence. The parliament has not considered the fact MEN are equally vulnerable to domestic violence in the hands of a female or another male. Numerous incidents of domestic violence on males covered by press & media, clearly showing the evidence of violence on males, have been ignored by the parliament. We strongly request to make the said Act and the Rules “gender-neutral” by providing protection to MEN as well.

  1. 2.      Provide protection to children/Senior citizens:

Anybody can be a victim of Domestic violence, including children, infants, teenagers and senior citizens. They can become victim in the hands of their own blood relatives including the mothers of the children and the sons & daughters-in-law of the aged parents. Senior citizens are mostly abused by the daughters-in-law more so by the misuse of these women-biased laws. Therefore, we sincerely request to increase the scope of the said Act and the Rules beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.

  1. 3.      Include punishment clause in case of misuse:

The Protection of women from domestic violence Act is one of the most misused laws in our country apart from IPC 498[A]. This law is being misused by many of the young, educated & intelligent women with corrupt intentions to satisfy their greed, grudge & fantasies. The misuse of the Protection of women from domestic violence Act is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse of this Act. There is an urgent need to introduce a punishment clause in the Protection of women from domestic violence Rules.

  1. 4.      Remove live-in relationships out of the context of the Rules:

Live-in relationships are like organized prostitution. If we don’t discourage live-in relationships then we will end up promoting polygamy which is not permitted as per law. There are no rules defined under Live-in relationships. This is nothing but a different concept of prostitution and nothing but polygamy. The committee needs to look into this issue and ensure that the Protection of women from domestic violence rules does not cover live-in relationships.

  1. 5.      Automatic Divorce decree should be passed on moving an application by the respondent husband:

On mere application of common sense one can conclude that a woman who is claiming domestic violence by her husband cannot be presumed to live with him any longer. More so when she is claiming for the reliefs of Protection, Residence, Maintenance orders as per the existing Protection of women from domestic violence rules. When a woman comes forward, complains and claims for these reliefs, then that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again. In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court.

  1. 6.      Remove protection officer:

The Protection officer’s role is to only record the Domestic Incident report without any verification or collection of proof. Often this is done after filing the application to the Magistrate and only for the sake of process, nothing more than that. The officer will not have any role in investigating the alleged domestic violence, it is only limited to writing down the false statements and filling the report as per the wishes of the wife’s advocate. It is mostly noted that the job of the PO is just to tick mark most of the rows in the DIR on the insistence of the wife. The role of a Protection officer is absolutely unnecessary and should be removed.

  1. 7.       Remove sole testimony:

Because of the rampant misuse of the Protection of women from domestic violence Act the sole testimony of the woman cannot be taken as a sole witness or as occurrence of violence. Even the Honorable Supreme Court of India in 14Feburary2010 observed that “in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.” The trial under this Act should be made in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.

  1. 8.      Interim Orders:

We object to the delay on the main case proceedings due to the delay on passing of orders on the interim applications. Normally it is seen that there is a delay in passing of interim orders and on this ground the considerable delay on the main case. Even though the “Rules” stipulates that preferably the case should be heard and decided within 60 days but this provision is hardly followed by any court. The magistrates shall ensure that interim orders are passed at the earliest and at the discretion of the officers and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.

  1. 9.      Perjury:

We object that due to various loopholes in the “Act & the Rules” the spouse are trading wild and false allegations at each other. As there is no provision of punishment in the “Act & the Rules” hence there is no fear in the mind of the litigants and they are indulging in leveling baseless and wild allegations against each other. This is deplorable and results in considerable delay of the proceedings. The magistrates shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of domestic violence, cruelty when such allegations are proved to be false.  And spouses making false allegations are to be punished. 

  1. 10.   Enforce strict adherence to section 6 – Application to magistrate:

If a defined rule is not followed then that leaves a chance for misuse. This rule has defined a very neat application form to be addressed to the Magistrate. As per this rule the complainant woman is supposed to fill-in the details of the breakup of the monetary reliefs that she is claiming <<Please refer page.67 in the rules PDF file under the heading – “Monetary reliefs under section 20”>>. But the complainant women do not follow this rule. This leads to claiming of exorbitant amounts of maintenance to the tune of lakhs of rupees. Claiming exorbitant amounts of maintenance is nothing but misusing the provision which is meant to protect women. It is impossible to believe that with the current economic conditions prevailing in our country that a woman would need lakhs of rupees of money for basic necessities like food, cloth, and medicines. We have seen cases where the maintenance amounts have been claimed in the range of 25,000/-, 50,000/- to 200,000/- per month. Maintenance includes only the basic necessities i.e., food, cloth, medicines & shelter. In any city in our country these basic necessities will not cost thousands & lakhs of rupees per month. The magistrates are supposed to pass orders ONLY for these basic necessities and other house hold expenses which should never run into thousands of rupees as claimed in some cases. The Act itself mandates that the maintenance amounts should be fair, just & reasonable. But this is hardly followed. We therefore pray for strict adherence to this rule, else the application should be rejected if there is not breakup given for the monetary relief claimed.

  1. 11.    Enforce camera recording of the counseling under section 14 – Counselors:

We strongly deplore to the use of the said “Act” being used as a blackmail tool. The said “Act” must be used for the needy women rather being misused by greedy women. In traditional cases of misuse, women will insist on registering the case & punishing the accused/respondent during counseling/mediation. But later they deny that they did not insist on registering the case or that they registered in a fit of rage. In order to stop this particular misuse of this Act as a black mailing tool, we propose to do camera recording of the counseling/mediation done by the counselors if the accused/respondents wishes so.

  1. 12.   Enforce mandatory accommodation in shelter homes under section 16 – Shelter Homes:

Shelter homes must be provided for the affected victims. When a woman undergoes domestic violence it may not be possible for her to continue to live with the accused/respondent. So, in order to protect these women, the women should be mandatorily accommodated in Govt. sponsored Shelter Homes. The cost for the accommodation may be put on the accused/respondents. The cost will be for her maintenance as per the prevailing rates as declared by the Government.

For more information please contact:

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

Family Harmony Society                                                                                                Family Harmony Society

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

You are also requested to visit…

www.498a.org.in

www.family-harmony.org

Indian Husbands are treated worst than “Ajmal Amir Kasab”

Filed under: Uncategorized — Fighting Legal Terror @ 10:39 am

P R E S S    R E L E A S E

Subject: Indian Husbands charged with biased matrimonial laws, made to deal with family disputes, between husband and wife, such as IPC 498A, CrPC 125, Domestic violence Act, Hindu Marriage Act etc, are treated worst than “Ajmal Amir Kasab”, Pakistani terrorist, who is charged with the deaths of 166 Indians and foreigners, has been pronounced guilty of all charges by a special court in Mumbai.

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.

Why only MEN and Husbands?: Let us clarify that we are not against Women. Many people ask FHS activists why this NGO was formed and what is unique about you? “This NGO was formed in 2005 in Bangalore and is having presence in 16 states and in abroad too. We formed this NGO to protect and fight for the rights of the MEN. Everyone is concerned only about the rights of women but the society and Governments has forgotten about MEN’s right” says FHS activists?

“When there is a ministry for even animal (Animal Husbandry Ministry) why not for MEN?” asks FHS activists and demands a ‘MEN’s welfare ministry’.

“In case of matrimonial disputes between husband and wife all the related laws are made heavily in favor of estranged wife, giving no chance to husbands or his parents to defend. Why husbands are treated worst than criminals and terrorist?” asks FHS activists?

Ajmal Amir Kasab was provided with free Government advocate and even though everyone knew he is guilty, enormous amount of resource of Government and Judiciary was wasted for his trial, but in case of matrimonial disputes when an estranged wife file a false complaint under IPC 498A, all the members of the husbands including females members like mother-in-law, sister-in-law and age old grandfather, grandmother are immediately arrested and sent to jail. Even minor children are not spared. What crime we have done? Are we worst than Ajmal Amir Kasab that without proving any charges we are arrested and sent to jail? Why each and every failed marriage is branded as Dowry case? Why each and every wife’s death is converted to dowry death case without an iota of proof and evidenceFHS activists had asked these uncomfortable questions to the Government?

  • Between 1995 to 2008, total of 2481660 males were arrested by police for all cognizable offence and the corresponding figure for male in 2008 was 2713971 which on sequential base is an increase of 9.36%. In 1995, total of 106079 females were arrested by police for all cognizable offence and the corresponding figure for female in 2008 was 168315 which on sequential base is an increase of 58.67%. “So it is clear that Women criminals are on rise but in our country MEN are considered worst than terrorist. Why this discrimination?” Asks FHS activists.
  • An analysis of the data released by National Crime Records Bureau – www.ncrb.nic.in, between 1995 to 2008, shows that the suicide rate of MEN is increasing at an alarming rate compared to Women and most of it is attributed to “family problems”. “So government data itself shows that MEN are overburdened with responsibilities and Women are asking for equal rights but are not ready to share equal responsibilities. Why this third rate treatment to MEN?” asks FHS activists?


NCRB suicide data shows one married man commits suicide every 9 min

Year Male Female Total
1996 51206 37035 88241
1997 56281 39548 95829
1998 61686 43027 104713
1999 65488 45099 110587
2000 66032 42561 108593
2001 66314 42192 108506
2002 69332 41085 110417
2003 70221 40630 110851
2004 72651 41046 113697
2005 72916 40998 113914
2006 75702 42410 118112
2007 79295 43342 122637
2008 80544 44473 125017
 Total 887668 543446 1431114

 

NCRB suicide data: Who needs protection? MEN or Women?

Demand of Family Harmony Society…

  • Fight for gender equality.
  • Make all family related laws gender equality.
  • A ministry for “MEN welfare”
  • Make a provision for Men to complaint for domestic violence.
  • To bring 498a under civil law.
  • To make 498a bailable.
  • No arrest before proper investigation.
  • No arrest before the written approval of an officer not below the rank of ACP in case of 498a & Dowry Death.
  • No arrests of age old parent and children.
  • Dispose Divorce and child custody cases within 1 years.
  • Abolish same relief under different act. E.g. a woman can seek maintenance under DV Act, Crpc 125 and HMA (Hindu Marriage Act).

Helpline operated by FHS for MEN 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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