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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     15 July 2011

Amendment in biased laws to save families.

 

Suggestions to preserve families and to save them by amending section 498A of IPC and other related laws

 

Dear All,

 

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.

 

JAI  HIND

 

 

 

 

 



Learning

 15 Replies

SACHIN AGARWAL (ADVOCATE)     16 July 2011

I agree with you but also the provisions of Section 498-A should be made bailable.

salim shaikh (designer)     16 July 2011

you have studied 498 & dv. very much.

thank you very much. i am also one of the victim of 498a.

if each and every bad marriage is going through 498 & DV then . what is use of these laws.

god only help us out.

 

when was goverment going to wake up...

each an evry day... adding victims to list.

 

Ms Liberal (others)     17 July 2011

See majority of Indian women sacrifice their career due to prretext of marraiage . not only this she has to change her name and also to relocate in the husband house and most of them are dependent on their husbands for earning. The condition is more alarming when she has children and made every options for the conciliation. Woman leave her maternal home with this notion that husbad will give devotion to her and children If woman sacrifice her parents home and expect only the well wishes of husband

Mainatanace is the basic right of every woman if she is not earning. Husband should think prior to the marraiage whether he can take the responsibility of her wife or not. Woman is not greedy for the alimony but wants that husband should give them life with respect and dignity. This is the ambition of every woman prior to the marraiage and laways looks for grrom having the stability

Ms Liberal (others)     17 July 2011

If amend 498-A defintaely it is the woman who is the sufferer as law is not made on ones day thought. It not biased as it is also used aginst women who are the unmarried sisters and motherin law of the husband so that they too relaised when their daughter get married she will not face cruelty from the side of husband


(Guest)

@ author above,

 

Which world you are living in, the woman who are not working  are mostly being unemployable and due to not being able to handle work pressure. Others who can,  are working.

 

I am yet to come across more than finger countable numbers of cases  where husband didn't  want their wife to work, particularly in this inflamatory environment. It is woman who chooses not to work - and why not when all luxuries of  life comes without working for it.?

 

If girls comes to husband home thinking that husband will be swirl around her aur uskei ekk isharee par nachega .. then it is her problem, Husband has full family and society - and she is expected is ARDHANGINI. She is expected to bear half of responsibility and benifits. 

 

 

priya (student)     17 July 2011

nice suggestions but its only in paper..if u can forward it to law-drafters then surely it will help many facing and prospective victims.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     18 July 2011

Dear All,

I have already sent these suggestions to President,PM,Law Minister, MP's,Heads of Newspapers, Senior IAS Officers etc. etc.

Most of them are agreed on these suggestions and have forwarded the same to Ministry of Law and Ministry of Home for further necessary action.

GOD willing very soon some suggestions will be accepted and law will be amended to make it balanced.

You all are also requested to please send representations on similar lines to above persons (PM,MP's,Media persons etc.) through letter,fax,email etc. to make a momentum.

Thanks

 

Ms Liberal (others)     18 July 2011

If there are large number of followers then only it will going to help

Shri Anna Ji has been contesting for Anti corruption Whether it has been passed by Parliament?

Moreover its a virtual petition

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     18 July 2011

That is why support of all of you is also required.


(Guest)

 

I actually take offense to this. I am not saying that torture cannot be from both sides, but the odds are against the women's favour- As someone who is suffering immense mental torture, I have this to say. We leave our family homes and our people and live with the husband's family.

We are suddenly asked to change ourselves completely overnight and if we cannot do something according to the in-laws tastes, we aren't capable of anything. Our mother's teach us everything they know and was taught to them, but all that learning is wasted when we go into a new house among strange people who expect us to unlearn everything and learn their ways.. we do that too... We are treated like outsiders because we are not born in the family. Untill we have children, we remain guests. We are supposed to make everyone feel special , no one bothers to give us one special day...All they do is expect us to telepathically know what they want. 

We are expected to adjust and sacrifice(two words I heard the most in my marriage) and not say a word . While anyone comes along and says what they want to and moves on. If anything at all goes wrong , we are conveniently blamed for it. If its not us directly, it must be the bad luck we bring to the family. 

We are expected to work to bring in good money and then at the end of the day return home to cook, clean and look after the kids too. And in all thisif we want to take a breath for ourselves we are told that we are kaamchor. No matter what we do we are misunderstood and boycotted.

We are people who end up living alone with a group of strangers who corner us at every opportunity they get. Marriages are now not marriages at all. It is just a way of securing a dumping bag in the form of a wife and a daughter-in-law.  

Men have the support of their family, we are left alone in the cold. we are twisted and turned till we become what they want. We lose our identities. Do you really want your daughters to end up this way? After all the effort my father put in educating me and gave me so much love, just for me to end up being a doormat. 

 

And I worked, but after running around at work, I didn't have the strength to run around for the in-laws... a human being has limited energy. No one wanted to share my work load. 

I have gone out in the rain in high fever to bring vegetables while my husband watched cricket. I have been severly sick and no one bothered with me. 

 

This still happens. Inspite of all the sweet talk- she's our daughter now, she's a member of our family now....please.... It doesn't matter if it's 2012. If we cannot legally define our affliction, we have to choose the one that is closest to it. These laws help us that way. Ask the person who is going through it.

 

These laws are made by keeping the majority in mind. Nobody wants to end up alone and nobody wants their marriage to end.  Also, one cannot and should not be just allowed to marry and then throw someone out of their lives easily. They should be held responsible. No matter how feminist, a woman has to , at the end of the day look after home as well. she works double shifts. Once, at her company and the second shift at her home. without pay. Maintenance is and should be valid. 

 

 

And to those who think this is a matter to joke about...you are not the ones who have to cry alone or contemplate suicide. Just looking at your replies here , would make me not hire people like you for any case. 

 

Even now I just want some counselling for the husband..  which he is against.  And seriously, those of you talking about equality... can you seriously look into your own homes and lives and declare that everyone has equal rights and all those rights are being utilised ?


(Guest)

 

I posted it multiple times because I had some trouble with the mouse. I wanted to click on something else, but it clicked on another thing altogether. Anyway. its just technicality. I had written to the forum admin explaining this. 

 

Now once my systen is fixed I am unable to delete it.

 

ANYWAY please excuse me for this


(Guest)

WOW ....grow up!

BHARATI MITRA (ES)     12 April 2012

Dear Bhaskar Sir, Hats Off, my cousine is one of the victim of all the misuse of law by a women.  that too at a age when both husband and wife should be together for each other.  Please guide me how my cousin can send his request to political officials of the country.

Sir we are with you and fully agree with you

Swapnil Shirodkar (Process Control Engineer)     12 April 2012

Dear Bhaskarji...

We would appreciate if you can post the scanned copies of the letters which u have sent to the Hon President, PMO and the law commision.....


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