FAMILY Court lawyers and counselors
who see the break-up of every kind of human relationship, say that relationships
between human beings are a complex phenomenon beyond the ken of logic. Not
surprisingly, even the best legal minds in the country have been able to barely
give a meaning to the word 'family', but no legal status. "The family, believe
it or not, has no legal persona," says the energetic Supreme Court Lawyer Mr.
Mahesh Tiwari , who is Legal Advisor of Save Family Foundation , Delhi( SFF), an
Foundation which works to save the family as a social institution and associate with the
movement
"Save Indian Family ( SIF)",
"Thus, the inherent conflict between the
individual rights of a member and the collective rights of the family is
apparent in every litigation in the Family Court.
Strangely, though a
major objective of the Family Court Act of 1984 is the preservation of the
family as the foundation of society, it offers relief in every case by
determining the rights and liabilities of individuals in biased way towards
wives only and treated the Husband as a Free ATM machine only, rather than of
the family.
The gray areas between the rights of the individuals and the
welfare of the family become the battleground for concerned parties, due to one
sided biased law like 498A,DV act , Child custody LAW, maintenance and alimony LAW
under IPC125, who feel that matrimonial laws should be amended to suit right women or
men, instead of pitting the two sexes against one another.
"The Family Court is a theater of unimaginable conflicts. The usual issues behind these conflicts are:
feminists vs. anti-feminists; individuals vs. society and the legal system vs.
the right to privacy of an individual. The Family Court Act of 1984 was passed
by the Central Government because of the pressure built up by various
non-governmental organizations, which unanimously felt that matrimonial and
family law cases were suffering from long delays in the civil courts. Special
courts were required for quick disposal of such cases so that the parties to a
divorce or separation could go on with their lives and redesign their destinies.
The Act encouraged and empowered various state governments to set up Family
Courts in all cities with a population of over one million people.
"The
first state to set up a Family Court was Rajasthan. Maharashtra followed in
1989. Today, Family Courts function in nearly 60 cities of India. Their
objectives, according to the Act, include the preservation of the family as an
institution, speedy disposal of cases and a re-conciliatory approach while
handling human relationships. Hence, the Court is obliged to provide the
services of counselors for couples seeking a separation of divorce." But the
biased criminal Act like 498A, DV act and IPC 125 totally destroyed the basic aim of the family
court's function.
The work of the Family Court invariably centers on the
rights of a wife only, irrespective she is right or wrong. This is assumption
that marriage or its break-up seriously affects her status and property rights,
as their own parents also refuse them to give any property right in spite of the
well settle LAW of this country.
Factors such as religion, community,
custom, tradition or family views determine or affect her rights. Though a court
or law itself can determine the legal view, it is very difficult — almost
impossible — to change the mindset of people who have lived according to the
tenets of a conception that a women can never lie or never break the family for
her selfish motive, which is totally wrong in 21 st century.
For
example, according to the 1974 Maintenance Laws, Rs 500 per month was the
standard allowance for a divorced or separated wife. Rs 750 per month was
allotted to each child. In 2000, this was changed to Rs 1,500 per month and in
2002, the upper limit of maintenance was totally removed. Result, money
and property matters are so fluid and amenable manipulation in the court, that
many wives, well educated and earning, prefers to show in the court they are not
working, in spite of capable to do so.
Most of the divorce cases, which
come to Family Courts, are based on three major reasons: Cruelty, desertion for
two years or more and adultery. Of these, adultery is extremely difficult to
prove. Cruelty, too, has to have a physical manifestation to be admissible as
evidence in court.
Therefore, desertion remains the most common cause
apart from mutual consent, where the two parties have an agreement on the terms
and conditions of their separation.
But LAW like 498A , DV act and IPC
125 biased towards wives , change the whole equation and result a long
litigation for both.
Social researchers regret however, that though
Family Courts have been in existence for over a decade, there are no records,
statistics of figures, which can point in the direction of the future of the
family as the basic unit of society. Several NGOs continue to fight for the
creation of a fact-and-figures bank, which could be a barometer of the health of
the family in Indian society. They believe that family courts were created in
the first place because of their relentless efforts, but failed to make any
study about the Husband's health of conditions, result we witness more and more
married men are ending their life, in 2011 as per Crime bure, 62000 more men had
end their life compared to 30000 married women.
"There are media reports that the
number of divorces in Indian cities — specially in Mumbai and Delhi — is
increasing by leaps and bounds," but some famous women activists are arguing
that it is the women's right and women empowerment, result child's are force to
live under a "Father less Society" and the husband treated as a "Free ATM
machine" only.
However, women wanting a larger slice of life
today are a major reason for marital break-ups. They are aware of their rights
and tolerate less injustice. Parents of women also support the break-up when
they see the benefit they will get in terms of money and sympathy form the
society.
Further, there is hardly any stigma attached to the word
divorce today. We had witness, a lot of women remarried not twice , even trice
also , as a example take case of Noida ,telecasted in Star News , a women married
3 times in 3 years span and fighting the third divorce case . This is not a mare
exceptional case , like that a number of cases are going on in the court.
Even elders believe in the right of a woman to have a worthwhile
life rather than rot in a no-win relationship. More and more families show that
even one caring person can do the job of rearing a balanced, healthy child. The
definition of a family is changing fast.
"Also, marriages now break at
any age. People decide to separate after a few months of marriage or when they
are older. And more women seek counseling or dissolution of a marriage because
there are more support systems available to them rather than the husband alone.
Women can choose to experience motherhood through adoption (Sushmita Sen) or
through relationships with their beloveds without marriage (Neena Gupta, Sanjana
Kapoor and many others). In the foreseeable future, they may become mothers
through assisted reproductive technologies too."
It is natural that
marriages and love relationships in celebrity-land are under more stress than
others. Here, one partner may be successful beyond imagination and the other may
be required to play the second-fiddle eternally.
A husband may be far
more successful or popular and hi-profile compared to the wife or lover. The
family or a wife may not 'approve' of the attitude of a husband who sets goals
for himself and follows them single-minded. In most hyped-up industries,
celebrities work constantly with equally attractive members of the opposite sex.
Attractions happen and marital or loyalty vows are broken more easily than is
common. Celebrity break-ups become worse when they attract publicity, leaving no
room for privacy. Success, the need to hang on at the top and money — as well as
personal grooming and fitness — are top priorities in most celebrity lives
today. There is no time or patience of the spouse, children or other relatives.
As one prominent actress says, "People don't change. Circumstances change and
force the person to go with the tide of time."
So at the end the
question remained unanswered Are LAW Maker failed to save family?
A
men established himself as Best Son , great Brother, but why he had
termed as Criminal when it comes to as a role of Husband, why? Does to be
a best son or great Brother is crime in India for a man?
If the
answer is No, are they ready to review the whole marriage related LAW towards
"Save family" or it is their hidden agenda to convert this country to a "Father
less society" by killing the institution of marriage in India?
Join SIF Team
to Stop this legal terrorism of India and demand to replace the word
Husband/wife to Spouse to all marriage related LAW or policy like all
over world follow instead of making assumption that all wives born in
Raja Harish Chandra family ( never lie) and all husbands born in
Criminal family.
(Crime Is Crime. Punishment should be irrespective of gender, religion and caste. Let us be honest and fight for truth)
