Dear All Victims, their family members and friends,
Please save families from breaking due to laws favoring one side.
In India 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 ( article dt. 11.04.2010 ) 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 (article dt.03.06.2010 ).
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 ( article dt.14.12.2008) .
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 ( judgment dated 13.08.2010 ).
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 around Rs.4500 crores are wasted every year due to misuse of 498A and wrong arrests.
Supreme Court has recently observed that arrest in 498A etc. should be the last resort only .
It is requested to please send the representations in large number to the concerned authorities/officers to ensure that laws are not misused to ensure that families are saved and undue arrest/litigation /hardship is stopped and laws are amended immediately for balancing them.
All concerned are requested to do the needful as mentioned above, emails,letters,faxes can be sent in the name of family members and friends also.
Thanks and regards
