My "Dharmayudh" -- against the legal deylay by courts - a letter to HC chief justice

TO Hon'ble Principal Judge
High Court , Andhra Pradesh ,India

Dear Sir:

We beseech you to save the valuable lives of young spouses who approach Family Courts for judicial relief lest the faith we repose in the judiciary is lost.Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.

After the enactment of the Family Courts Act, 1984, Family Courts have been set up with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.We believe that great injustice is being done to litigants by Family Courts and Judicial system in the name of saving marriages leading to Family Destruction and creation of a Fatherless Society.We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts.For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules,procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.

Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts in AP.

 

• The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision - be it Just or Unjust.

• The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth

• Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts

• 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

 

The Supreme Court has ordered our Citizens saddled with dead marriages to approach the God and live happily blaming fate & destiny thereby indirectly pronouncing that the institution of marriage itself is DEAD. The Judiciary is more tyrannical than the Rulers are. The President, The Prime Minister, The Chief justice of India, The Law Commission and The Speaker who are the highest constitutional functionaries of our nation are on record acknowledging the existence of corruption,unjustified delay, overreach, incompetency and procrastination in the Judicial System of our Nation. We are part of the “Family Harmony Society” which consists of patriotic litigants before Family Courts in AP. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of family laws and judicial system in all its forms and Manifestations.

Disposal of Cases:

1. The Family Courts shall ensure that all matrimonial cases be disposed within a period of one year.
2. The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
3. All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.
4. The Family Courts 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.

Reforms in Mediation Counseling and Pleadings

1. Banning the presence & pleadings by Advocates in the family Court and Mediation.
2. The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators.They shall be adequately compensated fixing a rateof at least Rs10, 000/= per case payable by the spouses equally.
3. The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations &counseling quickly, without holidays.
4. The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.
5. In case of NRI who applies for annulment of the marriage in AP , courts should grant unconditional anticipatory bail if pleaded by assuring that they will support the judiciary process , so that most of the false 498a complaints will be eliminated on NRI's .

Child Custody matters:

1. The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous o father being a drunkard.
2. The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.
3. 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.
4. 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.

We really hope you consider our pleading and provide us the reliefs from gender biased laws.

 

 

Yours sincerely,
Family Harmony Society
Prashanth Reddy