Misuse of LAW will be checked if come to Power : SP

If came to power, will check 'misuse' of anti-rape law: SP

Lucknow: Samajwadi Party today said if voted to power at Centre it will check “large scale misuse” of newly formulated legislations including the anti-rape law that came into existence after December 16, 2012 gang-rape case.

“There is a large scale misuse of laws including anti-dowry, SC/ST (atrocities prevention) act and the new anti-rape law that came into existence after ‘Nirbhaya’ rape case. ... SP is in favour of implementing them strictly and at the same time will initiate strict action against those misusing them,” the party’s manifesto said.

The apprehension of Parliament members proved true with increase in misuse of these law, it said “We will stop misuse of these laws and initiate strict action against those doing it,” SP supremo Mulayam Singh Yadav said.

In a Press Release by Save Family Foundation ( Reg) , well come the SP ( Samajwadi Party)  Manifesto :

SIF  via SFF welcomes the Manifesto of Samajwadi Party who, for the first time, as a political party has agreed to widespread misuse of Rape & Dowry laws which form the major part of misuse of Gender Biased Laws of India. The Hon’ble Supreme Court also has called such a misuse as “Legal Terrorism”. SIF Activists involved with Lobbying recall their meetings with various Parties, Members of Parliament, but it is only Samajwadi Party who have involved Gender Neutrality in real sense in their Manifesto.

Via this press release, SIF requests all it’s members, associates to support Samajwadi Party for openly coming out with issue of misuse of Gender Biased Laws.

SIF  has always been cautioning the Society and the Law Makers on how Anti-Men laws are being misused on how are the laws are just not Anti-Men but also Anti-Family & even Anti-Women.

2 recent cases where the victims of Law Misuse of Rape Law reached out to SIF are from Delhi and from Orissa. In the case of Delhi victim, he is fighting a war of his rights with influential people and he was entangled into a false “attempt to rape” case in a public place inspite of eye-witnesses saying that the alleged victim had torn her dress on her own. Even before police arrived to arrest him, he was brutally beaten up and was taken away by police while he was dumped in his own pool of blood. He being the only provider to his family, was jailed leaving behind his wife, his son, his parents without a penny to support and hence were forced to sell household articles to even have food. In the other case in Orissa,

SIF  got cry for help from a girl whose 62 years old father was behind bars for over 60 days under a false Rape case.

Is this Rape Law helping this Orissa Sister or is it helping the Delhi Family to have food?

SIF had given it’s recommendations to even Justice Verma committee while drafting of draconian Rape law amendments. Law Makers turned a blind eye towards the caution that SIF gave for betterment of society. Rape and Dowry laws are being grossly misused and the heat has not left Political Parties untouched. Intent of making the laws easy to use, law makers have unleashed weapons which are easy to misuse.

SIF  hereby requests Samajwady Party Supremo Shri Mulayam Singh Yadav Ji and to the Hon’ble Chief Minister of Uttar Pradesh, Shri Akhilesh Yadav Ji to plan to spread beyond Uttar Pradesh too as there are as many as 50 Lakh voters added every year across India who are direct victims of Law Misuse of Gender Biased Laws. This could help them get a huge Vote Bank which currently contemplates using NOTA as the option.

They claim the two major demand by them had been taken care by SP , like Check misuse of 498A/Anti-rape Law and Unemployment Allowance for Job less men .

SIF  also urges to all those Politicians, who get into politics of appeasement of Gender Votes, to stop making Anti Male Laws. We demand all Political Parties to include “Stop Misuse of Law” in their Election Manifesto, else these additional 50 Lakh voters per year will have no option but to use NOTA.

But still many are UN-able to digest that in India any political party have the Courage to say  that they will check misuse of LAW and strict Punishment will be given those who misuse the law.

No dought it is a big  mile-stone of Indian Men right movements and  many political party have to follow the foot step like Samajwadi Party  latter or sooner today misuse of law is no longer is a social issue , it had became a political issue also.

Surrogate Child A Option for Child less Father of India?

Save Indian Family Yahoo Group every day we witness such cry from many Indian Fathers , who are refused to meet their own child years together in spite of paying child maintenance or even court order. Many Fathers have child visiting rights from court , but their wife do not brother to obey the court order and when husband go back to court to implement the order, they get only date after date.

On the other hand we witness cases where wife left the child , go to some world tour or get married to some other guy and after 3 or 4 years suddenly one day come to court and apply for child custody , the same immediately granted not even in Guardianship act, but in Domestic violence act.

Means getting the access of Child for a Father's if his wife refuse is impossible to get as per Indian law lead to huge mental abuse and depression among them. 

Recently we witness many suicide cases due to such emotional abuse going on India and neither Judiciary, Media or Law makers shown any concern to Promote the Joint Child Custody system in India. They failed to recornise it is not father or mother right , it is Child right to have access to both parents and money does not come in picture.

Child Visiting for Indian fathers day by day became very difficult due to various biased LAW specially Domestic Violence act , where by a single compliant the Fathers had restricted to meet the child as by default.

Mr. Sayad a bright IT engineer end his life in Bangalore in End his life in 2008 and before suicide he put a YouTube Video for the whole world how his wife ensure he can't meet his own child.

In 2013 in Delhi Mr. Rajesh a media Journalist also end his life as in spite of fight in court last 4 years and paying child maintenance, his wife not allowed to meet his own child and one day he end his life.

Last year in Bangalore in case of Mr. Rudy when he want to meet his child the court order to pay 10L rupees, he paid the same but more than 1 years past his wife still not bring the child to allow him to meet. 

Mr. Rup , flighted 2-years in court to get a child visiting order , but in last 1 years able to see his child hardly 30 min as his ex-wife always ready with new new story that child is not available in home.

Visit to family court room forget about child custody , even to meet his own child they have to fight in court for years and if at all the visiting rights given like 1 or 2hrs in a month, that also not obeyed by wives. Child visiting for Men in India became like a Paid service TV serial or a movie where the Ticket you have to buy with huge cost and that also no grantee after buy the Child visiting Tickets, you will be allowed to see your child.

More than 80% of such court order violated by wife under whose custody the child is and Judges unable to implement their own order.

Bottom line the Fathers of India had been treated as Free ATM machine only. More than 95% cases the child custody refused to them and even do not allowed a visiting rights for 2 or 3 hours in a week.

Result last 2 or 3 years many man of India looking for the option of Sarogated Child and attractively pushing for THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) BILL, 2008 (Click for Link)

While official statistics on the number of surrogacy cases arranged in India are not available, anecdotal evidence suggest a sharp increase. According to Delhi-based resource group SAMA, reproductive tourism in India alone is valued at over $450 million a year and was forecast by the Indian Council for Medical Research to be a six-billion-dollar-a-year market in 2008. Reports in 2011 pegged the market at over Rs2,000 crore.

Determination of status of the child –

(1) A child born to a married couple through the use of assisted reproductive technology shall be presumed to be the legitimate child of the couple, having been born in wedlock and  with the consent of both spouses, and shall have identical legal rights as a legitimate child born through sexual intercourse.

(2) A child born to an unmarried couple through the use of assisted

reproductive technology, with the consent of both the parties, shall be the legitimate child of both parties.

(3) In the case of a single woman the child will be the legitimate child of the woman, and in the case of a single man the child will be the legitimate child of the man.

(4) In case a married or unmarried couple separates or gets divorced, as the case may be, after both parties consented to the assisted reproductive technology treatment but before the child is born, the child shall be the legitimate child of the couple.

(5) A child born to a woman artificially inseminated with the stored sperm of her dead husband shall be considered as the legitimate child of the couple.

(6) If a donated ovum contains ooplasm from another donor ovum, both the donors shall be medically tested for such diseases, sexually transmitted or otherwise, as may be prescribed, and all other communicable diseases which may endanger the health of the child, and the donor of both the ooplasm and the ovum shall relinquish all parental rights in relation to such child.

(7) The birth certificate of a child born through the use of assisted reproductive technology shall contain the name or names of the parent or parents, as the case may be, who sought such use.

Laws regulating commercial surrogacy are at best fluid, differing widely from country to country. In other nations where commercial surrogacy is legal, like Russia or Ukraine, single parents or gay couples are allowed to hire a surrogate. In the U.S., regulations vary from state to state; in Arkansas, for example, single people are allowed to hire a commercial surrogate, but the rules are ambiguous when it comes to gay couples. In California, there are no restrictions on the service based on sexual orientation or marital status.

But with the Present situation of Indian biased treatment to Indian Fathers by Judiciary, LAW Makers and Media who converted the Child visiting right for Fathers = Paid service watching some TV serial/Movie show only, no emotion of child or father's taken into consideration will happily well come such step.

With the time we will see Surrogate Child only Option left for Child less Father of India as biased Domestic Violence LAW along with proposed New Divorce Bill, where your wife can run away with your child and you don't even have any Legal recourse in India to oppose that.

What Diff between Vodafone Tax case Vs New Hindu Marriage Law ?

Vodafone win Case in Supreme Court , But what about 20Crs+ Indian Married Men?

Nearly five years after the Indian taxman issued the first notice to Vodafone international on September 2007 for failure to withhold tax on payments made to Hutchison Telecom, Chief Justice of India SH Kapadia and Justice KS Radhakrishnan pronounced their judgement.

(Click here to read the detailed Supreme Court order)

Vodafone had argued India doesn't have jurisdiction to tax the Hutchison deal because it was structured as a transaction between two overseas entities. The tax department had said it has authority because the underlying asset was Indian.

Vodafone wins $2 bn tax case in Supreme Court | Business Standard

 

Now after Lost the Case in Sc Government of India , The union budget presented amended the income tax act retrospectively from 1962, giving the taxman powers to scrutinise offshore merger and acquisition deals. Finance Minister Pranab Mukherjee later assured investors that deals more than six years old will not be reopened. This still leaves the sword hanging over the Vodafone case.

Now in case of Hindu Marriage Amended Bill, when many men married there was no Clause of 13F, special provision of Share in Property :

1. If wife file the Divorce after 3-years separation, husband can't oppose on ground Financials Hardship.

2. Without proving any Fault of Husband wife can Claim Share in Husbands ( before or after marriage hard earned)  Immovable+movable assets +Compensations , even court have to consider the Husbands Inherited & inheritable assets Value to order such compensations.

3. Husband is going to loose the Child as well as run behind the court next 10 to 20 years for 498A, DV act, CRPC125 etc.

4. Let wife had 100Crs Movable+movable assets ( some may you gifted her) along with her inherited or inheritable property in lacks , but husband will not have Rs.1 claim on that.

Now many men had not been engaged married to their present wife if such LAW had been in place when they got married.


RS approves Husband Killer Property Garbing LAW in name of Easy Divorce to Women.

D. Proposed Amendment: 13F and 28D:( Special provisions relating to disposal of property in proceedings under 13C)

Without prejudice to any customs or usage or any other law for the time being in force, the court may, at the time of passing of the degree under section 13C on a petition made by the wife, order that the husband shall give for her and children as defined in section 13E, such compensation which shall include a share in his share of the immovable property ( other than inherited or inheritable immovable property) and such amount by way of share in movable property, if any, towards the settlement of her claim, as the court may deem just and equitable, and while determining such compensation the court shall take into account the value of inherited or inheritable property of husband.

More than 20Crs+ men married under earlier Fault based divorce LAW which says if it is your fault you have to pay compensation to your wife, but if it is wife fault she is not entitle for any compensation.

But this 13C along with 13F take away that power form Indian husbands, let the fault lie in your wife, but it is you have to pay.

Now what option have for such more than 20crs+ men ? 

They got married under one LAW and suddenly one day Govt wake up and Say , Hey Men this is your New LAW of Hindu Marriage
.

Now you can't even fight in Court like Vodafone done , as SC will be hiding under article 15(3) and their repeated stand will be repeated, not interfere in Parliament LAW making process, let be against any Public interest or Country's Interest.

Amended to Income Tax LAW lead to loose confidence of many Company to invest in India, forget about FDI even more than 40% investment by Indian Company done outside India.

Let wait and see how this Hindu Marriage amended LAW change the total dimension of marriage system in India.

Many unmarried men may have option not to get married or marry outside India ( even to Nepal/Bangladesh/Srilanka/Thailand) , but what will happen to those already married in India like Vodafone invested their money in India without knowing that if Government loose Case in SC , they will amend the LAW itself to tie to pay for No Fault at your end.

Hence the sword hanging over the Hindu Married men the way the sword hanging over Vodafone in spite they win the case in SC.

Main objection to the Proposed “Marriage Laws (Amended) Bill,2010,

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!

Main objection to the Proposed “Marriage Laws (Amended) Bill,2010,

Main objection to the Proposed “Marriage Laws (Amended) Bill,2010, 


We had already submitted our objection and suggestions to parliament committee, but the present law minister totally ignore the same and even tamper the original bill even worse by making new amended, so we request either make the law gender neutral and respect natural justice or roll back the same immediately as this will became a “extraction law” than giving any natural justice to people.



A. The Bill must be gender neutral, if a wife have contribution to husbands property( movable or immovable) , any property made by wife ( movable or immovable) also have husbands contribution, so only Even in USA-Txas law the word used "Spouse" instead of wife or husband, other wise one sided law will create a disharmony, increase of crime, huge litigation in court for property disputes.

B. The benefit of divorce can't be equal to married relationship , as the obligation and responsibility after divorce change to either spouse. Even in 2010 china SC also amended the property division law to belongs to the spouse who made it , as such law made havoc in court cases and people started use the marriage as property earning business than love or care to each others.

C. Proposed Amendment: 13D (1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of decree on ground that the dissolution of the marriage will result in grave financial hardship to her and that in all circumstances be wrong to dissolve the marriage…..

Our View:

Right to oppose should be given to both parties The word wife to be replaced by the word "spouse".
The line to be added: The Divorce degree will be awarded only when all other cases against each others had been quashed or withdrawn and in future no cases will be filed against each other spouse. Otherwise the basic purpose of this law to reduce the litigation will be defeated.
Like :
There are other provisions of maintenance HMA 24/25, CrPC 125, DV Act, adding another provision is duplication and a tool to harass the husband
Rampant misuse of this section to harass the husbands
As per 13C(2), if she is separated for 3 years, she would have already approached the court in case of financial difficulties.
Another attempt to extort husbands (as in 498a and DV Act).

Our Proposed: “The respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to them and that it would in all the circumstances be wrong to dissolve the marriage. All cases pending, between the parties would also be quashed before granting divorce under Section 13C”..All case like 498A, DV Act and other litigations should be quashed before the grant of decree.”

Text of Amendments to the Bill, See item 5: http://bit.ly/1eW8lJK  



D. Proposed Amendment: 13F and 28D:( Special provisions relating to disposal of property in proceedings under 13C)

Without prejudice to any customs or usage or any other law for the time being in force, the court may, at the time of passing of the degree under section 13C on a petition made by the wife, order that the husband shall give for her and children as defined in section 13E, such compensation which shall include a share in his share of the immovable property ( other than inherited or inheritable immovable property) and such amount by way of share in movable property, if any, towards the settlement of her claim, as the court may deem just and equitable, and while determining such compensation the court shall take into account the value of inherited or inheritable property of husband.

Our View :

The word wife and husband to be replaced by spouse which followed by all over world, even in USA-Txas the same is spouse.
If this law passed as per above, for example the wife have 1000 crs ( let it be given by husband also) and husband have only 10 lacks, but as per law, her 1000 crs can't be touched, but the husband 10 lacks to be divided and given to wife? This is totally injustice and against any natural justice System of the world.

The property accrued before marriage, either spouse should not have any right, as there is no contribution of other spouse on that, the contribution to be considered only on the property made after marriage and any claim to others property to be allowed if only the marriage obligation is more than 10 years.

So Our Proposed : 13F and 28D:( Special provisions relating to disposal of property accrued during subsistence of marriage in proceedings under 13C)

"Without prejudice to any customs or usage or any other law for the time being in force, in any proceeding under section 13C, at the time of passing of the degree , the court may on a petition made by "either spouse" order that the "other spouse" shall pay for "her/his" and children as defined in section 13E, as finciancail support such gross sum or share in the movable or immovable residential property towards settlement of property rights as the court may deem it to be just and equitable, "considering the duration of marriage" and any such payment shall be secured , if necessary , by change on the immovable residential property of the other party. For any claim each others spouses residential property, the minimum marriage duration should be considered as 10 years.

E. The law should be equal and must follow the natural justice and stop making assumption that all women born in Raja Harish chandra family and all men born in criminal family.

The person seeking Divorce on "No fault Ground" , should not get the same benefit , who seek the divorce by proving other party fault. A person should not be punished for "No Fault" in the name of easy divorce nor his/her hard earned accrued property movable or immovable should be garbed under any such biased law, which will create injustice and will create more disharmony in society which in result will increase the over all crime in India.

Are new divorce laws anti-men? - YouTube

► 11:39► 11:39