Memorandum on Judicial Reforms to State High Courts

Submitted to
Hon’ble Chief Justice
High court of <……..>
My Lord

We beseech you to save the valuable lives of young husbands who are tormented by unscrupulous women misusing grossly anti-men laws like Sec. 498A of IPC, DV Act, and Sec 125 CrPC etc.

Your personal and valuable intervention is sought in setting right the gross injustice being done in the matters of matrimonial conflicts towards men by prolonging the cases endlessly, providing custody of children only to women, with total disregard of the love and affection the father and children have towards each other.

We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts. Cases linger on for indefinite periods with wives enjoying at the cost of
husbands by way of interim maintenance, which is unfair since men are made to bear the perpetual cross for women’s irresponsible behavior.

Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers, it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no
Child should be denied access to either of the parents.

On a simple complaint by a wife that she is being tortured for dowry, husbands and their aged parents are being arrested without even an iota of inquiry about the veracity of the complaint. Is it the assumption of the police and judiciary that all men are criminals? Even sisters of the husbands along with their tiny tot children are arrested with impunity, simply because the wife has listed her names in the complaint. We request the Hon. Chief Justice to put an end to this unfair practice.

During the years 2005 and 2006, 52,483 and 55,452 married men have committed suicide as against 28,188 and 29,869 married women. One of the chief causes of such high suicide rate is the trauma that the husbands undergo in the hands of unscrupulous women who attack them with spurious dowry harassment complaints. The infamous “Sec. 498A of IPC” comes in handy for them to torture the husbands and their families.

In order to save the lives of poor husbands, the Hon. Chief Justice may pass unequivocal orders that divorce is to ordered automatically if 498A complaint is lodged by the wife, in keeping with the natural
logic that no family life is possible with the husband and in-laws after a criminal complaint of such serious nature is proffered against them.

Judicial dispensation in the matters of ordering maintenance and alimony is totally biased against the husbands. When everyone talks about the rights of wives on husbands, no order is passed on the
responsibilities of wives towards the husbands and in-laws, let alone the rights of husbands over wives. Why should the husbands be turned into “Free ATM machines” for the wives to enjoy life without work or
any responsibility? What does the husband get in return for doling away his hard-earned money to a wife who ran away from her matrimony and its attendant responsibilities? We request Hon. Chief Justice to
ponder over these issues and create a congenial atmosphere in the society for the men to live in peace and not dreading the onslaught of gender biased laws that may take the toll of his life.

The laws that obligate men to provide for wives even if she is estranged were formed when the men alone were the sole bread-winners of the family and women were mere home makers. But the present
situation has undergone a sea-change, such that women are equally qualified if not better compared to men. In fact the number of girls admitted to the medical colleges in Tamil Nadu is more than the number
of boys. There are many vocations wherein women outnumber men and there are many occupations such as call centers which employ 100% women. Besides, many women employees earn more than men of comparable qualifications in BPOs and software companies. Under the circumstances, we implore Hon. Chief Justice to reflect as to whether it is still fair to make the husbands bear the burden of maintenance and alimony for the wife when she is not living with him, for whatever reason.

More than 98% of men have faced Domestic Violence at some point of time in their lives at the hands of their wives and in-laws in terms of verbal abuse, physical abuse, economical abuse, cheating,
infidelity and mental harassment on an average in the first 3 years of marriage. But here is no law to provide solace to men. Relationship discords are misclassified as Violence, Crime, Cruelty etc., but women are exempted from punishment while men are mercilessly sent to jail without evidence and on Ex parte orders.

An offence must be treated as an offence is it committed by Man or Women. Exempting women from punishment for crimes committed by them is against the purport of Article 15(3) of our Constitution.
The prevailing biased anti-men laws of India encourage unscrupulous women to raise false allegations against men like dowry harassment, sexual harassment, relationship cheating or any other form of social abuse. It has become a fashion for society women, women-centric NGOs, feminists and biased media in India to support and pamper unscrupulous women and encourage them to indulge in vexatious litigation to traumatize husbands and their parents and extort huge ransom from them.

All the available gender neutral laws under IPC have a clause of punishment for abusers of those laws, whereas there is no such clause in any of the women-centric laws viz. 498A, DV Act etc, which is a
clear violation of the article 14 of the Indian Constitution and blatant discrimination against the male gender. At present, Indian law considers Adultery as a crime when committed by Indian men but not so when committed by women, which also betrays a diabolical discrimination against men.

By this brazenly anti-male mindset of the law, judiciary and the rulers, men of India have started to feel that it is fundamentally a crime to be born a male in India. At this juncture, we wish to bring to the notice of Hon. Chief Justice that such anti-men mindset and continual onslaught on men will demolish the faith of young men on the system of marriage and the societal values as a whole. An young man with lofty ideals about marriage and conjugal life will disheartened by the abject anti-men bias that pervades the society which gets reflected in the judicial dispensations. The result may be that he will be driven to suicide or he will shun marriage altogether paving the way for a fatherless society full of single parents in future.

Whenever a married woman dies due to any reason – be it accident, illness or suicide for any reason unknown, it is escalated into the realm of dowry death and the husband is immediately arrested. But
large scale suicides by men owing to domestic violence perpetrated on them are not even getting noticed let alone imparting justice to them.

At present, Indian law considers Adultery as a crime when committed by Indian men but not so when committed by women, which also betrays a diabolical discrimination against men. By this brazenly anti-male mindset of the law, judiciary and the rulers, men of India have started to feel that it is fundamentally a crime to be born a male in India. On this day, we wish to reiterate the following just demands, inter
alia:

  1. Disposal of Cases: The High Court shall ensure that all matrimonial cases be disposed
    within a period of one year by the Family Courts. The High Court to officially state that no new cases to be taken till the old ones are disposed; The High Court shall make it mandatory before admitting the case for enquiry that pre-trial mediation under the provisions of Arbitration
    and Conciliation act 1996 within a fixed time frame on a daily basis; The High Court shall suo moto transfer all long-pending (one year an above) cases to the City Civil Courts to dispose of within a time limit.
  2. Reforms in Mediation Counseling and Pleadings: Banning the presence & pleadings by Advocates in the family Court and Mediation. The High Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated
    fixing a rate of at least Rs20000/= per case payable by the spouse equally.
    The High Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays. The High Court shall frame rules for conduct of family courts as recommended by NCW with appropriate modifications. The resolutions passed by the Chief-Ministers & Chief-Justice conference shall be implemented in its true spirit. The High Court shall ensure that no in-camera and chambers proceedings are held unless absolutely necessary. The High Court shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application of divorce by either of the spouse.
  3. Child Custody matters: The High Court shall ensure that equal custody of children is given
    to both spouses irrespective of allegations of mother be adulterous o father being a drunkard. The practice of child being shown a la TV episode to a father without providing an opportunity to show his fatherly care and affection is to be discouraged. We strongly deprecate the attitude of the courts which consider the children as the exclusive property of the wife and totally deny access
    to the Husband and his Family while passing interim and final orders. We strongly deprecate the basic philosophy of the Family Courts that Husband alone is bound to earn and maintain the wife and children, even though the wife is either earning or sufficiently qualified to earn. The practice of passing orders for monetary compensation alone, instead of directly ordering medical, insurance and school-fee payment, purchase of clothes etc., for the children is also considered highly irregular, in view of the fact that there is no guarantee that cash given for such purposes really reach the children to fulfill their basic needs.
  4. Interim Orders: The High Court shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody. The High Court shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.
  5. Perjury: The High Court shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of employment, earning and cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.
  6. We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with dharnas, Public Fasting and resort to other democratic means of protests.

Please save the family and thereby save our great Nation to make India a “Vasudeva Kutumbaham”.

Jai Hind!!
With profound respects,

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