Monday, April 23, 2007

Are LAW Maker failed to save family?

Are LAW Maker failed to save family?

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 run 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, maintance and alimony LAW under IPC125, who feel that matrimonial laws should be amended to suit women or men, pitting the two sexes against one another.

"The Family Court is a theatre 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 reconciliatory 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 criminal Act like 498A 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 inspite 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 potgi or 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, inspite 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 2004 as per Crime bure, 22000 more men had end their life compared to 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 benift 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 , recent example a 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 husabnd 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-mindedly. 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?

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?
Regards
Swarup Sarkar

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