Suggestions to preserve families and to save them by amending section 498A of IPC and other related laws
I have certain suggestions to preserve families and to save them by amending section 498A of IPC and other related laws:
· No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.
· No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.
· No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.
· Compulsory pre-litigation mediation for avoiding long legal battle.
· Law should be such that both husband and wife try to reconcile .
· Law should not be favoring anyone to ensure that marriages are saved.
· Domestic violence complaint / FIR should be entertained by Police within 24 hours of alleged incidence only in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.
· DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.
· Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation.
· The most important thing is to fix time limit and number of hearings for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.
· For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.
· Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).
· Pre-nuptial agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.
· MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE
· Last but not the least THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.
· WOMEN SHOULD ALSO BE PUNISHED EQUALLY AS MEN FOR ADULTRY
I request all the concerned, affected or sensible members of LCI to interact on this important issue and more importantly to send representations to President, Prime Minister, Law Minister, Speakers, Leaders of Political Parties, Cabinet Secretary, Home Minister, Finance Minister etc. and also send SMS / EMAILS to your friends and relatives with a request to them to further forward the message for creating momentum.
The above action on your part will definitely make the concerned authorities to consider amendment in these biased laws to ensure that families are saved and undue litigation/hardship is stopped to husbands and their families.
If need be I will provide the addresses of persons who matters.
Thanks and i expect now all will act in positive direction and confirm sending representations to these authorities , because only interaction with the affected parties will not serve the purpose and we need to shake the system.