Supreme Court Allows Child Visitation via Electronic media during Lockdown - A Panel Discussion

Save Family Foundation (SFF) & Men Welfare Trust (MWT), both registered NGOs, have been witnessing a huge surge on the issues specifically related to child visitation during Corona Lockdown.

Many of fathers, across India, have fought vigorously to get visitation orders to meet their children, amidst matrimonial disputes, from the respective Family Courts or Trial Courts. In many cases, our NGOs have come across the ordeals of fathers, who even after winning, are at the losing end, as the custodial mothers are misusing the Corona Lockdown to create a Chinawall between Father and Child.
Such Custodial Mothers have completely ignored the welfare of child and the rights of a child to meet their father. Since the existing visitation orders are not explicitly mentioning about the provision of Electronic Visitation (over Video Conferencing etc), many Custodial Litigating mothers are misusing this gap to their advantage. This has left many fathers helpless during these critical times and has created huge pressure on non-custodial fathers, about the health and safety of their children.

Seeing this huge issue for the very upbringing, rights of Children and respecting the intention of the courts, which granted visitation rights to father, a member of Men Welfare Trust (MWT) & Save Family Foundation (MWT), Dr. Tanuj Dhawan, took up the task of knocking the doors of justice at the highest level and filed an online Petition (PIL) in the Hon’ble Supreme Court.

While hearing and deciding the said petition by MWT, SFF member, the Hon’ble Supreme Court has issued clear observation that Electronic Contact instead of Physical visits can be substituted, keeping in view of the rights of the Child, non-Custodial parent and giving respect to the Intent of the respective Hon’ble courts, while granting visitation. The Hon’ble Supreme Court, further observed, that in case there is an aggrieved party (in this case, the non-custodial parent), they can approach to respective Family Court.

Based on these observations, MWT & SFF appeal to all the litigating parents to not use Corona or their own child as a tool of unleashing vengeance from the non-custodial parent (mostly fathers). The Observations of the Hon’ble Supreme Court are clear about Electronic Visitation to continue, as directed in the visitation orders.

We also would appeal humbly to all the Hon’ble Family Courts and Trial Courts of India to take a note of these observations from the Apex Court and provide quick and urgent redressal to the aggrieved parent, whose right of having visitation (physical or Electronic, as observed by Hon’ble Supreme Court, herein) is getting curtailed by the Custodial Parent (mostly mothers), during these times of pandemic.

Courts must also take into account the conduct of a custodial parent in these times, where stopping the visitation show their clear intentions, being against child welfare and hence cancel the custody to such parents.

At last, we are short of words while thanking Dr. Tanuj Dhawan, who took this petition Party in Person to the Hon’ble Supreme Court and did applaudable handwork in getting it listed as an urgent PIL and getting positive observations from the Hon’ble Supreme Court.

Breaking: Supreme Court Allows Parents Having Visitation Rights To Maintain Contact With Children Via Electronic Means [Read Order]

A message from Mr. Tanuj Dhawan for Nation & Some NGO's  Members who misusing the order to collect Donation from Victims!

Order on my PIL petition dated 30-04-2020 is being misused by some NGOs. They are citing it as their petition order and asking for donations. We work for free for the welfare of society. Please do not donate anything to such people. https://t.co/z8PU2Moblg

— Tanuj Dhawan (@TanujDhawan9) May 2, 2020

Maintenance during Corona Lockdown - A Panel Discussion !

Maintenance during Corona Lockdown - A Panel Discussion

Amit Lakhani discusses with a panel of Adv Gautam Panjwani (Delhi High Court), Arnaz (Men's Day Out Media House), Partha (SIF Hyderabad), Wasif (Save Family Foundation), Ritwik (Men Welfare Trust) about how Maintenance is taking a toll on Men during this lockdown.

Corona Alienates Fathers & Children, a Panel Discussion

Our Future, our children are at the receiving end of Corona Virus.

Parental Alienation is at all time high as the non-custodian parents suffer the complete silence about the well-being of their children during this #LockDown.

Today's panel discussion with Dr. Bawa (Consultant, Parenting), Dr. Bhooshan (Child Psychiatrist), Rakesh Kapur (BambooTree NGO), Chetan (Vaastav Foundation), an alienated father, in discussion with Amit Lakhani.

Smriti Z Irani as Child Minister first Tweet promote discrimination to Boys !

Discrimination of Boys from Childhood in India ?

There was different views on Social Media , when they came to Know that Ms. Smriti Z Irani will be new Women and Child Minister of India  (WCD) , she will be better than Ms. Menka Gandhi or worse ! Many even started Poll also !!

We had been witness WCD always forget that their ministry is for Child too, It is not Women and Girls Child Ministry  (WGD) .

Many had suggested to make Child Ministry separate from Women ministry for their inherent anti-men , anti-Boys policy .

Mam @MinistryWCD 4 Child, not 4 Girls!
More boys than girls dropping out of schools in Indiahttps://t.co/gcviDTrOyz
When a Boys face discrimination as child, what Harmony in society u expect ? We strongly suggest to make it Rs.3000 4 all child, Stop discrimination. #SpeakUpMan

— SwarupSarkar (@swarup1972) May 31, 2019

The unfortunate fate of Indian Boys, from their Child Hood itself they have to face the discrimination on the basis of Gender !

Wonder how we can expect a Gender harmony in India, when you inject the discrimination  poison in the mind of Poor boys from child hood itself ??

#SpeakUpMan and Tweet to WCD , PMO for Rs.3000 equal to both Boys and Girls !

Stop Discrimination of Boys @NavneetSahu

#SaveTheMales#SifHyd#FeminismIsCancer#StopAbuseOfMen#MenToo#MenAreHumanToo@smritiirani@MinistryWCD@PMOIndia
STOP ABUSE OF MEN: Smriti Z Irani as Child Minister first Tweet promote discrimination to Boys !: https://t.co/qonMoRkMC2 ! pic.twitter.com/m5PfqSRqdd

— ■ N▪A▪V▪N▪E▪E▪T ■ (@NavneetSahu) June 2, 2019

DNA News : More boys than girls dropping out of schools in India

Over 39% boys drop out from schools before completing elementary education compared to 33% girls. Poor academic performance, lack of interest in studies and need for employment to support family could be prime reasons, say experts.

More boys than girls are dropping out of the schools in India. As against 39% boys who dropped out before completing elementary education in 2013-14, only 33% girls did so, says the latest statistics of the Ministry of Human Resources and Development (MHRD).
In 2012-13, nearly 41% female students had dropped out of the schools without completing elementary education, as against 40.3% male students. The gender gap in dropout within a year appears to be more profound in the upper primary classes (5-8). The figures are based on provisional data of Unified District Information System for Education.
Poverty, poor academic performance, substandard teaching, migration and need for employment to support the family are major factors behind the higher dropout rate of the boys, say experts.
Until now, various reports had stated that more girls in India dropped out from schools leading to launch of target schemes like Kasturba Gandhi Balika Vidyalaya. However, the fresh statistics suggest that the government needs to focus on arresting the dropout of boys as well.

Discrimination of Indian Boys @NavneetSahu

Judgement Madras HC in CRPC125 - Stop Treating husband like Armless Soldier.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2017 CORAM THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN RESERVED ON :07.07.2017 PRONOUNCED ON :.14.07.2017 CRL.RC. No.276 of 2013 and M.P.Nos.1 and 2 of 2013.

At this juncture, it is to be stated that the trial are not to treat the husband like "armless soldier" and pass the maintenance award in on Mechanical manner.

While, arriving at quantum of maintenance for the wife and children (in maintenance proceedings), it is stated that Family Court (Judicial Magistrate Court dealing with the issue) as to take the entirety of the circumstances of the financial liability of the husband.

Admittedly, while arriving at the maintenance award for wife and children, the attitude of the trial Court especially, the Family Court awarding amount more than 2/3rd proved income is deprecated. Furthermore, it is to be stated that the fact that a husband who is a son to his father is liable to maintain the aged parents (in many case senior citizens) cannot be brushed aside lightly.

Besides, the moral obligation, there is a statutory obligation cast upon the every son to maintain the parents which is also falls under Section 125 of the CrPC and therefore, the trial Court ought to have weighed the entire circumstances as placed before the Court and to have reasonable assessment financial burden on the shoulder of the husband.

Thus, while awarding the maintenance in favour of wife and children the Court should take into consideration his responsibility to look after the aged old parents, since the husband has been fastened with statutory objections to look after and maintain not only his wife but also his parents under the very same Section 125 of CrPC.

Full Judgement : ( Click Here ) 

Indian Women are not liable for maintain Minor child or Old parents?

Responsibility to run Home should be on Women too : Says Judge Ms. Mona

We all know how women organizations and radical feminist gang keep blaming Indian society and mind set regarding preference of Son than girls in India. Given enough examples of how unfair Indian parents are towards their girl’s child.

But do you know who had promoted such mind set?

Do you know how they treat their own age old parents?

Do you know it is the women of the family prefer a son than girl’s more than male members?

Read the law CRPC125, the law was proposed by such women and radical feminist organizations only.

It may be noticed that Section 125(1) of Cr.P.C. reads as below:--

"Order for maintenance of wives, children and parents: -- (1) If any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate , as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in Clause (b) to make such allowance, until she attains her majority if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means."

The question for consideration is whether the mother is liable to pay maintenance under Section 125(1)(b) of Cr.P.C. ?

It is true that in Clause (b) of Section 125 of Cr.P.C., the word used are 'his' legitimate or illegitimate minor child, and on that basis, it has been tried to be urged by many learned counsel for the petitioner that a mother would not be covered under this clause and cannot be held to be liable to pay maintenance.

Same way, women can’t be liable to maintain to her age old mother or father also as the word mentioned His, not his or her.

Go through Old age study, Elder abuse 32% by Daughter, 44% by Daughter-in-law, totally 76% and only 24% by son , but still as per DomesticViolence law an age old parents can’t file any case against daughter or daughter-in-law .

So, legally Indian women is not liable or responsible for any support to their own child , own age old parents , not punished if they do any Domestic Violence in family , where as every men is legally liable to maintain not only wife, child, age old parents , even Live-in partner also.

There were some HC judgements were available, where court had observed like, educated healthy women can’t simply sit idle and seek maintenance, earning women can’t refuse to maintain own child, but none of them got any node from Government when amended of law proposed. 

Like the Crpc125 had gone through many amended, like remove the cap for interim maintenance from Rs. 500 to Rs. 1500 and then remove all together and made it unlimited.

The CRPC125 also made the amended the word “Lived in adultery” to “living in adultery” lead to massive increase of adultery in India as women know if they got Caught red handed in adultery then also husband can’t refuse maintain her , as husband have to prove , she is still living in adultery . Tell me which stupid will continue the same when got caught red handed?

Result the wife advocate just say one word , she may be lived in adultery , but no evidence still she is living in adultery , all effort of Husband gone in dustbin. Keep paying her till she alive in-spite her wrong doing you caught red handed and proved in court.

Laws Loaded Against Men

So, the bottom line in when an India women is neither responsible nor liable to maintain even own child, age old parents and forget about Husband.  One must wonder, then what responsibility assigned to Indian women as per law.

NGOs working for men had bring the same to notice of Government , National commission of Women , Media houses , when we all agree on principal of No Work No Pay , then why you advocate to pay money to wife, when she is not staying with her Husband , even well educated , healthy also ?

When you are not staying with your husband, you have full free time and you can definitely work than sitting idle at home and keep claim money from husband, but when law gives you such free lunch why she will even try to work?

Unfair law promotes unfair practice only. If our government and women organizations really want fair treatment to women, they must amend the CRPC 125 as under:

1.      The word wife to be replaced by Spouse.
2.      The word His to be replaced by his or her.
3.      Living in adultery to be replaced by the word “Lived or living” in adultery.

If the same not done forget about any gender equality in this country and stop cry foul and keep blaming why Indian Parents prefer a son than daughter more or men should change their mind set.

First change your own mindset and accept every right comes with responsibility, at least take some responsibility for own child and age own parents in the law book, time being forget about taking care Husband.

We wonder under which university or collage it had been taught that by making unfair law, bring fairness in society? We would love to visit such education institutes.

Many of Misandric-Male haters will came out with logic, today’s women already taking care of their child, parents and even husbands also, right?

If so, why not get the same approved and recognized in the LAW book itself, when law does not recognize your effort which you claim doing for so long?

We know our Politicians and women organizations will never dare to amend such unfair law, as they themselves also enjoy the benefit of No Work but get paid, so it’s up to Supreme Court to take suo-motto action and correct the laws in the right sprite of Indian Constitution article 21: Right to live and liberty than hiding under special abused provision of 15(3).

Must Read :

• Jobless not ground to denyMaintenance by Husband, but Jobless a Ground to claims Maintenance for wives?
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• Indian alimony laws: Anti-men?

Jobless not ground to deny Maintenance by Husband, but Jobless a Ground to claims Maintenance for wives?

Question of LAW:

1. Multiple maintenance cases, CRPC125, Section24, and Domestic Violence act had been filed on me, what should I do?
2. If Jobless not a ground to deny Maintenance by Husband, how Jobless a Ground to claims Maintenance for wives?

This are the questions our SC never answered, so what answer you can give?
In-spite our constitutions say, a person can’t be punished twice for same offense, but such multiple cases filed against Husband and neither SC or Law makers had taken any step.

As we know there are no direct formulas, by which you can get relief, but to reduce some excessive damage, must understand some rules of Maintenance cases in India :

•          Natural Justice says, she will get maintenance under one case only, but you will have to fight all of them and if any order had been passed in any cases, have to submit the same in other case. Still some Judges will prefer to pass extra amount, that’s the risk you have to bear as a Husband of India.

•           Keep proofs of her Educational Qualifications, Job, FD, Valuable items, Property, Bank account, PPF, PF, ITR, PAN, Mobile Bill or any Purchase bills Etc

•           Concentrate on “Unclean Hand” and abuse the Process of LAW, contradictory statements by your wife.

•           Focus on your liabilities and responsibilities than try to reduce your income.

•           File written arguments, Use Citations where maintenance had been denied to wives, very few but will get some in Google search and join SIF Google Email Group , people will try to help you.

•           Get rid of your movable/immovable assets in a planned manner.

•           Do NOT leave the Job or try to hide salary in court. Never Say “I am Jobless “, must say I do this Job and earn this much, let it be 1K or 10000K, supported by strong documentary evidence. Earning less is not a crime but not earning is a crime for men in India in the eyes of law.

•          Don’t; give a chance to Judge to make any assumption of your income, when your wife claim your income too excessive than your actual income.

•          Try to  Increase your Income, earning, do not afraid for monthly maintenance, as opportunity does not comes every day, when it comes grab it.

•           Use CrPC 91, Evidence act 106 and CrPC 340 more extensively.

•           Make List of some Trust / School / Old age home / Child care / NGO / Company where she can work instead of sitting idle in home.

P.S. This are some basic guidelines, cases to cases may differ. You may Join“SIF Yahoo group” for more Knowledge and review your situation.

Photo Courtesy by Mark : Free Help Line for  Men

Few days back in our weekly meeting a distressed Man asked with reference to some unfair order by Delhi High courts in line with SC order, that Jobless can’t be a ground to deny the maintenance by husband. 

If Jobless not a ground to deny Maintenance by Husband, how Jobless a Ground to claims Maintenance for wives?

Did court make any effort to provide a Job to Husband and Husband refused to do the same? You have well established law if a person accused in any criminal cases and pending or spend more than 48 hours in Jail , he is suppose to lose his job. Did our court made any effort to abolish such unfair law of land or tried to correct for common citizen of India ? If the answer is No, then why Judges are trained to make assumptions that a Husband can't loss his job when accused in 498A , Domestic Violence act or any other criminal cases ?

That’s the unfair laws of India and promoted by Indian Judiciary system also. If you are Jobless court will remind you about the minimum wages rate, you came to court with unclean hands , hiding facts and will keep punishing by putting high amount of Maintenance, with a assumption based your income it can be beyond your imaginations.

But when a well educated, physically fit wives, claim she is Jobless, judiciary totally ignore and forget all logic and natural justice system. 

they forget there is a minimum wages act for women and will happily order the cute “Interim Maintenance” which will be beyond your capacity to pay along with huge arrears and many husband get trapped in a No man’s land.

After Interim Maintenance order, if husband fail to pay the same, he can’t get any relief form HC / SC also via review/revision petition , as the same will be reject  with simple logic, first pay all dues then will consider your application. Now you will take loan or pay the amount to judge to hear the petition, still there is no grantee that you will get any relief. Judges will not give any stay on any unfair order and keep pending your petition years. Judge will neither reject your petition or will dispose of the petition. 

We have witness many such cases how injustice had been done to Indian Husbands subject to extortion.

There is a man in Delhi named Sandeep, his working wife file a maintenance application in 2010. Sandeep submit all his income proof of 10K per month along with the plea of her wives working details. But Judge ignored the same and make a assumption that he earns 50K per month and order 20K Interim Maintenance ( 12K for wives + 8K for child ) . 

Sandeep prefer to file review petition by mentioning that Judge that ignored the blind lie of his wife and also file CRPC340 to take action against her. Even in reply, his wife accept in court that she had lied and take plea that let 12K maintenance can be rejected, but 8K for child to be continued. Still Judge had not moved the application of CRP340 and prefer to keep in pending file only.

Now the real game starts. Wife keep absent from court date and judge keep pending all application pending for last 5 years and the arrears keep increasing. Now he is in No man’s land.

Neither can pay the pending lacks of arrears and if he do not pay, Judge will not move the case further and his liability will keep increasing. 

This is not one case, there are number of cases, where wife blindly lie in court and judge prefer to ignore the same and order Interim Maintenance on assumption based income of husband and as Husband unable to pay the same, years after years no relief provide on their revision/review application, forget about taking any action via crpc340 against wives.

Now the problem does not end here, such wives will be allowed to file again maintenance case in other sections of LAW, as there is no restriction how many cases she can file. Result every day we witness the abused, distressed husbands running from pillar to post.

 

Recently some Journalist from Poland came to us for a Interview to understand the effect of “Feminist movement in India “ and asked me , why they see  so many well educated , healthy Indian women sit idle in home than working? 

I just smiled and say, please import Indian maintenance laws to your country, and then see how many women will prefer to work in your country. In India , as soon as a women get married , she is eligible to get lifelong maintenance, just she have to cry , My Husband abuse me or done Domestic Violence, let she married for 1 day or 100 days.

When women can get free monthly maintenance for life long and no one question why you sit idle, then how you can expect they will join our work force? 

Photo Courtesy by Mark: Men are Human too

My appeal to Chief Justice of India and Law Makers:

Time to come out from #Misandry mindset and stop promoting laws and passing judgments on basic #WomenNeverLie or  #WomenNeverCheat.

1.       Interim Maintenance should not be continued for Years after years, the time limit to be specified.

2.       Strong action against Judges who keep Pending CRPC340 application years after years, without taking any action.

3.       Minimum Wages act for Women also applicable, don’t forget that.

4.       Duration of marriage should be a major consideration.

5.       Review/appeal against unfair order should not be refused on the ground that first pays all dues, then only your petition to be herd type absurd logic.  If he is able to pay dues, why he should come to you?

6.       Those claim Jobless, husband or wives, court must ensure they get some Job at least in free Social area instead of sitting idle.We have enough shortage of teachers in school, shortage of nurse or doctors in Hospitals, shortage of traffic police in Road, shortage of care taker in old age home and child care, to name some few.

Time to consider the two Question of LAW as Men’s are Human too: 

Every Men in India are under high risk of #Fakecases at Home, Office, Road due to multiple anti-Men #Unfairlaw - which became Blackmailing/Extortion Tool. To survive or #FightBack knowledge is Key. Law is not any rocket Science. Buy & start Read Law Books Now!

• Multiple maintenance cases, CRPC125, Section24, and Domestic Violence act had been filed on me, what should I do?
• If Jobless not a ground to deny Maintenance by Husband, how Jobless a Ground to claims Maintenance for wives? 
• The article Published at SaddaHaq  

SUBMISSION – SFF TO AMICUS CURIE W.R.T. MAINTENANCE GUIDELINES

• #Scrap498a & Stop #Fakecases - YouTube

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  Supreme Court: No maintenance for wife who is working for sufficient salary [Read the Order] KUSUM BHATIA vs SAGAR SETHI on 16.09.2019 https://t.co/rVYNZH63d3
  One of few rare Judgement where Husband fight on merit & able to such order - but he have to fight till SC. #Hope4Men

  — SwarupSarkar (@swarup1972) October 14, 2021

  
  
   

भरण पोषण उचित और यथार्थवादी होना चाहिए, एलिमनी का उद्देश्य जीवनसाथी को सजा देना नहीं है : सुप्रीम कोर्ट https://t.co/YL0iLaGsuy #Unfiar laws leading to extortion of Men. In name of interim maint- merit of case never considered - a person can't take advantages is #naturalJustice

— SwarupSarkar (@swarup1972) April 16, 2021

Supreme Court: No maintenance for wife who is working for sufficient salary [Read the Order] KUSUM BHATIA vs SAGAR SETHI on 16.09.2019 https://t.co/rVYNZH63d3
One of few rare Judgement where Husband fight on merit & able to such order - but he have to fight till SC. #Hope4Men

— SwarupSarkar (@swarup1972) October 14, 2021

On the eve of IMD and Diwali #HoneyChourasia will release song #GuzaraBhatta. I am glad to show you the teaser of his upcoming album on #CRPC125- Guzara Bhatta.
Must watch and share. Stop extortion of Husband in the name of #GuzaraBhatta . pic.twitter.com/t7uoOBAIH5

— SwarupSarkar (@swarup1972) October 15, 2021