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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     25 January 2011

SOLUTION FOR RESOLUTION OF FAMILY PROBLEMNS IN INDIA

 

THE ONLY SOLUTION FOR RESOLUTION OF FAMILY PROBLEMNS IN INDIA IS TO RAISE THE VOICE FOR CHANGE OF BIASED LAW’S ALTOGETHER BY FOLLOWING :

 

SENDING REPEATED LETTERS TO PRIME MINISTER,LAW MINISTER,SECRETARY LAW,CABINET SECRETARY, MRS.SONIA GANDHI, MR.RAHUL GANDHI,MR.L.K.ADWANI, SPEAKERS OF LOK SABHA AND RAJYA SABHA,PRESIDENT,LEADERS OF POLITICAL PARTIES, LG, POLICE COMMISSONER,REGISTRAR OF COURTS,CHIEF JUSTICE OF HIGH COURT’S,CHIEF JUSTICE AND REGISTRAR OF SUPREME COURT,DISTRICT JUDGE AND SOCIAL ACTIVISTS ETC..

 

PLEASE SEND DETAILED REPRESENTATIONS/ LETTERS TO THEM WITH IMPORTANT ARTICLES.

 

WE  HAVE SENT REPRESENTATIONS FOR CHANGE OF ALL THESE BIASED LAW’S AND HAVE RECEIVED DUE ACKNOWLEDGEMENTS ALSO AND THEY HAVE BEEN MARKED TO THE CONCERNED OFFICER IN THE MINISTRY OF LAW AND JUSTICE, SHASTRI BHAWAN,NEW DELHI

 

I REQUEST ALL CONCERNED / VICTIMS TO SEND REPEATED REPRESNETATIONS TO ABOVE PERSONS AND ALSO ARRANGE TO SEND REPRESENTATIONS THROUGH NEARS AND DEARS.SEND EMAILS,FAX,SMS ETC. TO CREATE A MOMENTUM.

 

IF DESIRED AND ALL ARE READY TO JOIN I CAN TAKE DELEGATION TO LAW MINISTER OR ANY POLITICION OR MINISTRY OFFICIALS TO RAISE THIS ISSUE.

 

SAMPLE POINTS WHICH NEEDS TO BE COVERED IN THE LETTERS/REPRESENTATIONS ARE AS UNDER

 

 

Still laws and courts are favoring women and men’s are victims in the most of the matrimonial cases due to adverse law.

 

The laws relating to dowry, domestic violence, divorce, maintenance are not balanced at all and are unduly in favour of women etc. and are increasingly giving rise to divorce in India on the false cases of domestic violence, dowry demands etc. and are working as a legal tool of extortion (copy of article dt. 11.04.2010 attached as annex-1 ) in the hands of unscrupulous women who do not want to adjust at all in the family and just try to extort money from husband. The proof of this is around 98% cases are false as per reports ( copy of article dt.03.06.2010 is attached as annex.2).

 

Due to these laws and unjustified orders of courts lacs of married men are forced to suicide and lacs of mother in laws and other in laws are put behind the bars without any actual proof of crime (copy of article dt.14.12.2008 is attached as annex.3)                      .

 

These laws needs to be amended according to statistics which clearly shows big mis-use of these laws.

 

Even Hon’ble Judges of supreme court of India have observed grave need of amendment of these laws to stop mis-use  ( copy of judgment dated 13.08.2010 is attached for ready reference as annex.4).

 

Moreover many women’s have made it a profession we have read news that many girls are coming to courts for divorce for 2nd and even 3rd times. If alimony and maintenance is banned in the 2nd and 3rd marriage then at least they will try to adjust in the 2nd or 3rd house otherwise every time they will take easy money and search for another guy to get more money.

The basic purpose of law should be to save the families and ban separation/divorce on small-small issues. To ensure the same law must be balanced one and should not favor anyone neither male nor female.

By giving maintenance easily to wife’s the law has opened new doors for increase in number of cases for separation and divorce.

The maintenance should be given only in deserving cases where wife has no mistake and she is actually being harassed by her in-laws etc. but it should not be given as a matter of right or routine.

Moreover maintenance and alimony should be banned in 2nd marriages if women has already got this in the first divorce , it will ensure that marriages are being done by wife’s also only for settlement and not for earning easy money.

MAINTENANCE AND ALIMONEY MUST BE BANNED ONCE A LADY GET IT IN FIRST DIVORCE AND HER CONSENT SHOULD ALSO NOT BE REQUIRED FOR DIVORCE.IT WILL SAVE THE FAMILIES AND REDUCE THE DIVORCE RATE.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this imbalanced law / women favoring law.

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 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 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.

 

As per newspaper report (copy attached as annexure-5) around Rs.4500 crores are wasted every year due to misuse of 498A and wrong arrests.

 

It is requested to please direct the concerned authorities to amend the laws to ensure that families are saved and undue litigation/hardship is stopped.

 

ALL VICTIMS/CONCERNED/POSSIBLE VICTIMS ARE REQUESTED TO SEND REPEATED LETTERS ON THE ABOVE  LINES TO THE PERSONS SUGGESTED ABOVE .PLEASE ALSO SEND LETTERS ON THE NAME SOF DEARS AND NEARS ONE.

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 12 Replies

uma ramanathan (lawyer)     26 January 2011

Every law is applied more by misue than for use.

women who suffered are taking the upper hand now and the pendulam has to come back to normal and so will take time.

 

Nothing is in clear terms and there is harrassment from both sides.

 

First we need a uniform civil code and indoctination of proper values

 

we need to address all concerns and so a public debate is necessary

 

Uma Ramanathan

Advocate, Mediator
 

Avnish Kaur (Consultant)     26 January 2011

wat else to expect from u , its butter

Avnish Kaur (Consultant)     26 January 2011

How can u explain linking introduction of common civil code with misuse of gender-biased criminal laws.

No person can be forced to follow laws of another religion in personal / family matters as per COI , RIGHT TO LIFE AND FREEDOM.

Yes , this can be used as a ploy to delay amendment of biased laws in mild cases of adjustment in family.

For Cases of dowry death proved beyond death law should be made stricter with only option availiable to judges on conviction of accused being Hanging in Public.

law favours equality and is not created for any upper hand or lower hand, rule of law is not there to act as a pendulum undergoing Simple Harmonic Motion .


 

girishankar (manager)     29 January 2011

oh


(Guest)

nice solution

Amrit Manuvanshi (Advisor)     24 February 2011

A society where justice does not prevail will diminish very fast under its own injust acts.A society where justice can be manipulated by any means is a burden on the man kind.

Women have been traded,tortured, deprived of human rights and even in the so called develped society and families they are the soft targets of family members and the antisocial elemets for centuries and may be since inception of the mankind.

These so called  well to do people  are getting the worst victm of materialism and unprncipled life.To day  a boy and his family wants a girl which well qualified and employed and earning to share the load of the material demanding life, should be beautyful, get Dowry and then be obedient to every family member without  expressing her feelings and pains and be nice male child production machine.

If this fact has been accepted by the Law makers ,the youths and the groom family members are crying for this as injustice to them.When their family girls are victimised they suffer but when it comes to a case of  marriage of their boys they forget all principles.

Can we youths the parents realise that the girl coming to new family more so well empowered girl (with education and potentiol for employment)  she has her own dreams and you can not crush her dreams and feelings. You can not  your ego up and  crush such professional girls,or even unprofessional girls .The information is catalist for change and you can not neglect it. You have to own the responsibility of marriage with equality and justice.We have all common Allegations from Grooms family-the interference of parents of the girl.

Which parent s will like tointerfere in the family of daughter-non,if the she is given a respectable place in the new family.Every parent will like that the girl forget them after getting the abundance of love  and respect from new family. But this does not happen.Rather the prohibtion orders are passed for maintaining no contacrt with her family members and that is where the poison is spread and tricks start playing and the trust and confidence is jeopardised.Recource becomes the Law and failure of the family life.

Unless the Indian family realise that they are going through a very high transition due to global affect and the information empowerment  and they need to change their attitude toward the new members arriving in the family as bride things will worsen.

Let me mention that nolady/girl from any corner of the world can equate the Indian brides in their nature with sacrifise , adjustment, considerability and piocity.Still if the Indian boys and their parents live in dark,they are making hell out of these pious marriage processes.

All the best to Irrational, Illogical,whimsical and immatured Boys and their parents.

1 Like

Amrit Manuvanshi (Advisor)     24 February 2011

A society where justice does not prevail will diminish very fast under its own unjust acts. A society where justice can be manipulated by any means is a burden on the mankind.

Women have been traded, tortured, deprived of human rights and even in the so called developed society and families they are the soft targets of family members and the antisocial elements for centuries and may be since inception of the mankind.

These so called well to do people are getting the worst victim of materialism and unprincipled life. Today  a boy and his family wants a girl which well qualified and employed and earning to share the load of the material demanding life, should be beautiful, get Dowry and then be obedient to every family member without  expressing her feelings and pains and be nice male child production machine.

If this fact has been accepted by the Law makers, the youths and the groom family members are crying for this as injustice to them. When their family girls are victimized they suffer but when it comes to a case of marriage of their boys they forget all principles.

Can we youths the parents realize that the girl coming to new family more so well empowered girl (with education and potential for employment) she has her own dreams and you cannot crush her dreams and feelings. You cannot  keep   your ego up and  crush such professional girls, or even unprofessional girls .The information is catalyst for change and you cannot neglect it. You have to own the responsibility of marriage with equality and justice. We have all common Allegations from Grooms family-the interference of parents of the girl.

Which parent s will like to interfere in the family of daughter-non, if she  is given a due  respectable place in the new family. Every parent will like that the girl to forget them after getting the abundance of love  and respect from new family. But this does not happen. Rather the prohibition orders are passed for maintaining no contact with her family members and that is where the poison is spread and tricks start playing and the trust and confidence is jeopardized. Recourse becomes the Law and failure of the family life.

Unless the Indian family realize that they are going through a very high transition due to global affect and the information empowerment  and they need to change their attitude toward the new members arriving in the family as bride things will worsen.

Let me mention that no lady/girl from any corner of the world can equate the Indian brides in their nature with sacrifice, adjustment, consider ability and piousness. Still if the Indian boys and their parents live in dark, they are making hell out of these pious marriage processes.

All the best to Irrational, Illogical, whimsical and immatured Boys and their parents.

1 Like

Roshni B.. (For justice and dignity)     24 February 2011

very well said

 

i strongly feel that in the news item where the man sought divorce because his inlaws interfered in hismarriage,he & his parents must be troublemakers to his wife

 

so the husband got slapped by his father inlaw.

now why wud a father inlaw slap his son inlaw?

i am not supporting the FIL's actions.he is totally wrong and shud have apologized too.

 

still the question arises...why he slapped him,if the husband and his family are so loving and caring towards his daughter?

 

why wud a father slap him,& thus pave way for breaking his daughter's marriage,even after spending lakhs on marriage and dowry giving?

 

there must be a strong reason...


(Guest)

This is my case of a Women(My wife ) a working women  abusing the Domestic violence act . An UNCOGZINABLE FIR IPC sec 323,504,506 is filed against me that i am beating her and abusing for the past 8 /1/2 yrs.Of these 8 1/2 yrs i used to come to india for just a month and be with my wife and spend time with her.The actual incident which took place was a quarrel over the kids medicines she gives homepatic and i give allopathic bcoz she has asthma .The incident reported in the FIR is completely different .At that time too i told the police officer okay if i have beat her up let her get a medical report . For which there was no answer .The FIR is not even moving towards a court case by her .

After the FIR is filed after 5 days she keeps4 knobs of the gas stove open and gas is flowing out of the stove the kitchen if filled with th stench of gas i open the window and put on the fan to let the gas go out . When she wakes up at 6.30 i question her about this and she says the kid must have fiddled with this .I ask the kid of 7 yrs and she replies that she never plays with the GAS.She intends to make me scared and go out of the house as the house is on joint names .

I find in her hand writing

1. Masses for me for removal of EVIL spell .....

2.Masses for me so that i may ambically move out of the house ...

3.Masses for me for removal of anscestorial Bondages .

She intends to potray me as a  one possesed by a evil spirit .

If i want my girl child to sleep next to me for 1 day out of 30 days in a month she makes a big issue and calls up her lawyer and the lawyer in turn advises her to call up the protection officer If i want to take my kid out on hiolidays she says no.But she takes out the kid on her holidays from 8.30 am and returns at  7.30 pm   .But there is no protection officer coming and inquiring about the incident.I go to the police station and speak to the SHO .He says all the laws are in favour of women and advises me to approach the family court and they will get a solution for this .   

Now my wife for the past 2 months has told me to cook my own food which i am doing .Isnt this Harassment by the wife . Is there any law for men to fight this haressment .

Thakkar mohini (No)     16 April 2011

Sir,

I am agree with your suggestion and i am also searching ways to suppply the message to the givenrment as well as the ministry of law of inida to remove or amend the partial acts related and in benefits of wife onle and wives are misusing this act to fetch money from the husband with the help of 125, doemstic violence act and 498 not only that but she used to file interim application in all and they are harrasing husbands and their familities by money of husband only and that too without giving any right as a wife to the husband.

 

Please say me the ways to fight against it and strengthen is not must to fight against truth. Truth just want way and courage to fight. Mahatma Gandhi was also alone to fight against the britisians.

 

 

Arup (UNEMPLOYED)     16 April 2011

how will be anna hazare's line?

Sean   18 February 2020

When you are living in a family getting this type of problem are common even you become strong enough to handle them at once. I take an interview at assignment help australia of those people who already manage all these things in a good way.


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