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(Guest)

Suggestions for uprooting the evil of law misuse

Misuse of matrimonial laws against innocent families is an accepted fact in India. What can we, as citizens of this country, do to curb this menace of law misuse and create a better society for our next generation ? Kindly share your opinion ...



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 31 Replies

Sunil (accountant)     02 June 2011

create more and more orginazations in each and every village/city and no vote during elections from all those organizations.

2 Like

zimmerzapper (student)     02 June 2011

lawyers should also be made accountable if the case is proved false beyond doubt

2 Like

Damayanti (Unemployed)     02 June 2011

Judges should also be made accountable for even subtle misuse and abuse of discretion.

 

1 Like

(Guest)

Punishment for misuse of law is important. Also, monetary gains in case of matrimonial litigations should be stopped in less duration marriages


(Guest)

One more important idea is : MCD should be made easier, as in many cases the litigations stem from unnecessary delays in getting a mutual consent divorce!...

When parties have no demands from each other, they should be granted MCD in less than the fixed 1.5 year tem (1 year of separation for filing + 6 months of court process).

If they get a divorce easily, they can settle again and will not bother eachother ever.

 

498A should not be initiated in police stations, the complaints should be studied in courts before initiating a police action. Police handles innocent people so badly that it kills their innocence forever. A 498A complaint and its aftermath ruins the possibility of amicable solution between a couple!

1 Like

(Guest)

Thanks to those who have contributed. I am sure there are many more ideas on this. Please give more ideas and I will make sure that the ideas / suggestions are conveyed to the relevant authorities.


(Guest)

100% of people will say that this evil should stop.  As they say devil is in detail - we starts differing when we start thinking how to end this menance.

 

Level of law misuse is huge where mutliple parties contribute - right from our psyche of taking revenge/settling score with people with whom we have animosity to the drive to make quick bucks.

 

The problem of this magniture can not be sorted out with peace meal solution - a fundamental change in judiciary is need for the hour.

 

I think compulsory  punishement  judgment  for  charges proved wrong can be one such change.

 

Right to fast trial should be another.  Currently too many people file suites to drag the other side to  the court.

 

 

2 Like

(Guest)

Yes OnlyTruth, they delay the matters to create more pressure on the accused so as to make them pay up a heavy amount.

A courageous victim gav me a strong point once, he said "if i get convicted, she will get nothing at all; she is just taking advantage of my family's fears"...

So, speedy trial is a must; it can surely reduce the misuse!

Krishna Kumar (Business)     02 June 2011

 

The Family law itself injustice and gives legal way to destroy the family system. Consider the SIFF site link, the DV act created such a way if husband does every think is violence (including calling wife name – don’t know how to call wife…)

https://www.saveindianfamily.org/articles/blogs/788-which-idiot-says-the-dv-act-is-misused.html

Changing the law is impossible in India as all politicians are corrupted and they are looking only for VOTE BANK and MONEY and never think about family welfare. There are lots of years NGOs are fighting for changing the law system, but getting in more worst.

Only one trail left is – all NGO must come to power and change the entire Indian law. They must contest in the parliament elections and all other Indian peoples must support them to make them to come to power. They should change all the legal system (including family law), and then only India will see bright future.

3 Like

Krishna Kumar (Business)     02 June 2011

 

Child welfare must withdraw from NCW and form a new commission for Child – National commission for Child (NCC). There must be another one commission for Men (National Commission for Men – NCM).

All the existing family law must be reviewed and approved by all three commissions. In any discrepancy, must take a public vote to change. If any new law passed by any commission, it must be reviewed and approved by other two commission. Importantly – NCC must approve other two commission new law coming up.

2 Like

(Guest)

Sir, if they form National Comission for Men, even then the comission will only favor the men of wife's family in these matters....just like the NCW is not bothered about victim sisters and mothers !

2 Like

Krishna Kumar (Business)     02 June 2011

 

I don’t think all commission will act like NCW. I my opinion NCW members born and brought up for destroying Indian Family system. Take Madam Renuka C, she is telling 98% of misusing the 498a law is acceptable.

Most of the time Women (WIFE) getting more excuses and exemption even they are committing Crime, where as Men are consider opposite to that. NCW makes this law as like the same, WIFE and their family are Victim and they are only must be protected as per them and husband and they family must be destroyed as they are from male family.

When existing NCW collapsed and recreated with new members and NCC and NCM are also in place, I never think the same will repeat. Now no one is question NCW from parlimant, so they are doing what they are thinking.

zimmerzapper (student)     03 June 2011

Originally posted by :LiveAndLetLive
" Sir, if they form National Comission for Men, even then the comission will only favor the men of wife's family in these matters....just like the NCW is not bothered about victim sisters and mothers ! "

 

wah. kya baat kahi hai live and let live ne.

Krishna Kumar (Business)     03 June 2011

 

There are two more ways.....

1. There must also a law formed only for punishment of any misuses in family law system. In that, if any law including 498a, DV etc is found to be misused, there must be an option to file Punishment for Misuse law by respondent. In that the expense done by respondent to fight against the case, compensation for mental, physical damages,  if the respondent loss job because of criminal case maintenance for 3-6 month etc must be recovered. There must be 3+ years jail punishment for misusing the law.

2. There should be lots of lots of film directors, novel/story writers, songs writers, TV serials come up showing the misuses and how the Indian family getting destroyed day by day (without any fear in mind). The result will be either NO MARRIAGE or REVOLUTION. Both options will make Govt to wake up and react.

2 Like


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