SOURCE – FAMILY COURT REPORTS

FIGHTING LEGAL TERRORISM ON ME

AND

FIGHT FOR JUSTICE

We would recommend the following:

1. To convert section 498A into a bailable one.
2. To convert section 498A into a compoundable one.
3. A circular should be immediately issued to all the Police Stations in the country with specific directions not to arrest any person u/s 498A and 406 without thorough investigations and attempts of counseling where the wife is alive. If any arrest is made, it should be officially signed and authorized by a SP or DCP rank and the police should be made to justify the arrest with prima-facie evidence.
4. The learned court could carefully consider whether the allegations of the bride are indeed genuine at least against the in-laws or other relatives of the husband when it directs investigation under section 156(3) of Cr.P.C for an offense under section 498A.
5. The Learned court could carefully take into account whether custodial detention is at all needed for the in-laws and other relatives.
6. Arrest should be made only after getting orders from the Magistrate after primary investigation and producing facts and evidences before the Magistrate
7. Arrest should not be made before trial in cases where the wife is alive.
8. Sections 120B, 177, 182, 211, 199, 200, 209, 499 and 500 of IPC should be extensively used against false complainants.
9. If a wife files 498A, the husband should be allowed immediate divorce.
10. At the stage of counseling before 498A, the parents and/or relatives of the wife should be strictly prohibited to interfere in the family matter of the daughter. If the in-laws are blamed, after investigation, the in-laws should be separated from the son of the family. The husband and wife should be asked to stay separately.
11. Counseling, if any, should be brought out of the ambit of police or government officials and be handed over to different NGO’s working in this field hence making sure that it is a real counseling and not a threatening process.
12. To replace the word “husband” or “wife” with the word “spouse in all related laws, so as to ensure equality in law for men and women.
13. Make provisions for a man to file complaint when a wife and in-laws harass him and commit cruelty.
14. Create sections 498B and 304C in IPC to protect men and women in his family when the perpetrators of crime are daughters-in-law and their family.
15. Make provision for penalty on a false complaint by amending IPC 498A. Lodging a complaint u/s 498A IPC has become a tool of manipulation, legal blackmail and legal terrorism in the hands of certain unscrupulous people.
16. Speedy and fair trial in all marital disputes.
17. Make registration of marriages compulsory. Gifts at time of marriage must be listed and photographed.
18. Make extensive use of section 3 and 4 of the Dowry Prevention Act.
19. Strict conviction of either the complainant or the defendant.No negotiations be allowed at the cost of money/property/gift whatsoever and the faulty should be severely punished.
20. For any negotiation or exchange of amounts made, both the parties should be made liable for prosecution on recommendation of a third party.
21. Ensure fair and unbiased investigation & trial of Dowry related complaints, which is totally in favor of daughter-in-law and disregards the trauma caused to mothers and sisters due to a false complaint. Judiciary and enforcement agencies must recognize the possibility of wives and daughter-in-law maltreating the husband and old in-laws or other vulnerable members of the husband’s family.
22. Distant relatives not routinely living with the couple should not be allowed to be named in the complaint and excluded routinely.
23. Fathers should not be routinely deprived of child custody by assuming mother is the best for the child. Child should not be made to choose between parents and joint custody be preferred.
24. No Passport surrender and unnecessary travel restrictions should be imposed at the time of bail. Passports should not be impounded and restrictions of going abroad where wife is alive should be lifted with a condition that the husband should appear in the court as and when summoned.
25. Elder abuse in the name of IPC 498A should be absolutely stopped.
26. Government employees should not face compulsory suspension in case arrested due to a false complaint.
27. Legislation involving domestic issues should be enacted keeping in view the preservation of institution of marriage and not based on gender bias.
28. 82% of the individual income tax collected in the country is paid by men. Spending is all done for women only. Animals in the country have a welfare ministry. Now is a need for opening of a Men’s welfare ministry.
29. Similar to the Crime Against Women Cells, Crime Against Men Cells are also becoming need of the hour.

YOUTUBE VIDEOS: FATHERS DAY DEMONSTRATION 2008 – U.S. CAPITOL

SOURCE OF THE NEWS ITEM BELOW – HUSBAND CHALLENGES DOMESTIC VIOLENCE ACT

Chennai: The Madras High Court has ordered issue of notice to the Centre on a petition by a man demanding that several provisions of the Domestic Violence Act, 2005 should be declared as “unconstitutional” and “gender biased,” after alleging that his wife subjected him to physical and emotional abuse.

In his petition, P V Kamakshi Dasan of Mylapore submitted that he had married to Sripriya on November 3, 1991 and they had two children. However, after 16 years of marriage, his wife deserted him and took away his two children.  He alleged that his wife had lodged a complaint against him under the Domestic Violence Act to harass him. He also said that that his wife suffered from a borderline personality disorder, and that the life and safety of the children were at great risk.

The petitioner claimed he and his 78-year-old mother had been subjected to physical and emotional abuse by his wife.

Kamakshi Dasan submitted before court that though both sexes suffered from domestic violence, there was no provision in the Act to protect men.

“Certain provisions in the Act are biased, and favours a particular gender. The Act is imbalanced and harsh and there is a very high possibility of misuse by unscrupulous women. Women should be given protection but not by trampling down the legitimate rights of men,” he submitted.

 RADAR ALERT:
Stop H.R.6088, the National Domestic Violence Volunteer Act

Phyllis Schlafly’s June 6, 2008 article at WorldNetDaily.com¹ comments upon RADAR’s recently released analysis^2,3 of the ABA Commission on Domestic Violence’s flyer “10 Myths About Custody and Domestic Violence and How to Counter Them.” It states “’10 Myths’ denies the big problem that false allegations of domestic violence and child abuse are frequently used … to win child custody, and … ignores the problem that family courts regularly deny custody and issue restraining orders against men based on a woman’s unsubstantiated say-so and without giving the man fundamental due process rights.”

It also discusses a nasty bill that passed the Senate Judiciary Committee in May 2008: “Sen. Joe Biden, D-Del., has rushed to the aid of women who want free lawyers to help them make domestic violence accusations, and of lawyers seeking income from those cases. He is the lead sponsor of an extravagant new boondoggle called the National Domestic Violence Volunteer Attorney Network Act (S.1515).” The House version of the bill is H.R.6088.

H.R.6088/S.1515 would create a network of 100,000 lawyers willing to do volunteer work on behalf of alleged victims of domestic violence and, for those who devote the majority of their time representing alleged domestic violence victims, the bill would set up a fund to pay back their student loans. According to an article favorable to the bill, “Biden Wants Legal Brigade for Domestic Safety”⁴, “The Congressional Budget Office has not estimated the total cost of the lawyer bill, but a Biden staff member expected the loan forgiveness portion of the bill to be about $20 million in the first year. An additional $8 million would be needed to recruit volunteer lawyers, operate a referral system, launch a pilot program and roll out a national program.” According to the Schlafly article, the bill would channel $2 million a year to the ABA commission that wrote “10 Myths” and an estimated $55.5 million to lawyers.

It is much easier to stop a law from getting passed than to repeal or amend an existing law. By demonstrating strong opposition, we can defeat H.R.6088. Right now, the bill is in the House Judiciary Committee. We would like it to die there.

THIS WEEK, WE ASK EVERYBODY TO CONTACT CONGRESSMAN LAMAR SMITH, the Ranking Republican Member on the House Judiciary Committee, and ask him to oppose H.R.6088 (the National Domestic Violence Volunteer Attorney Network Act). He has stated: “As the Ranking Republican Member on the Committee, I am committed to ensuring that … taxpayer dollars are utilized effectively and efficiently.” Clearly, a bill that would benefit lawyers at the expense of families should be right in his line of fire.

Congressman Smith’s contact information is:

2409 Rayburn House Office Building
Washington, DC 20515
ph: 202-225-4236
fax: 202-225-8628

He can also be reached electronically through his website: http://lamarsmith.house.gov/contact.aspx?section=Mail.

If you are from Texas, be sure to mention that. And, of course, be polite and courteous.

Hello,

I’m expanding my search for additional named-plaintiffs for the VAWA class action suit. The requirements are

1. Male and a U.S. citizen.

2. You married an alien wife.

3. You sponsored her for a temporary green card which she got.

4. You did not sponsor your wife or ex-wife for a permanent green card.

5. You believe or know that your wife or ex-wife used or is using or will use the VAWA self-petitioning procedures that accuse you of abuse in order for her to obtain a permanent green card.

6. You are willing to contribute to the expenses of the class action. Expenses do not include any attorney’s fees. Expenses include copying, mailing, filing fees, depositions, and appeals. The more named plaintiffs, the less the individual expenses, which could go over $5,000.  Named plaintiff means your name goes on the papers, and you have control along with other named plaintiffs over the decisions that are made in the case. I provide the legal advice but you guys make the final decisions.

7. You can live anywhere in the U.S.

If any of you are interested in joining as named-plaintiffs, please let me know as soon as possible, and I mean soon.

Thanks

Roy
–
Roy Den Hollander
Attorney at Law
New York, N.Y.
rdhhh@yahoo.com
(917) 687-0652

===============================================
SOURCE
http://www.roydenhollander.com
http://www.falseallegations.com/
===============================================

The aggregate sample size in the reviewed studies exceeds 221,300.

READ MORE AT

REFERENCES EXAMINING ASSAULTS BY WOMEN ON THEIR SPOUSES OR MALE PARTNERS:
AN ANNOTATED BIBLIOGRAPHY

CLICK HERE TO TAKE SURVEY – DOMESTIC VIOLENCE ON MARRIED MEN

The Elections for Bangalore Assembly seats will be held on 10th May 2008. A swing of just 2000 votes can decide the winner of a constituency. You as a techie can create that swing. How? By enrolling people by word of mouth and by internet campaign. A winning candidate normally gets about 40,000 votes and the average difference between winning and losing candidates is just 4000 votes.

There are 28 assembly seats in Bangalore and there are about 10,000 software engineers (techies) in each constituency. So, techies are powerful enough to make a big swing in the elections and that can impact the outcome of assembly election in Karnataka.

Techies!! You have complained enough about bad roads, traffic, corruption and bad governance. Now, it is the time to show the politicians that you have also got strings to pull. Once politicians know that you can pull strings, they will respect you and will start listening to you.

The other way is to claim that all politicians are same and act like a loser and avoid making an impact in the elections. A 2% swing in elections can change the outcome of any election. Techies can make that happen.

Wake up!! and Use your Brains!!

Divide and Rule!!

Jai Hind.

Excerpts -

After reading through what appeared to be equitable treatment of both male and female victims in this article, the moment of equity was shattered by the director of Violence Against Women Prevention at Harvard University School of Public Health, Jay G. Silverman.  His comment about this new research included this:

“Beyond concerns for these data representing the true state of [intimate partner violence] and associated health concerns,  this is certainly an important study.”

“Although women and girls suffer far higher rates of abuse, are far more likely to be injured, and far more likely to be killed by male partners than are men reporting abuse from women, there is a push from some professional quarters to equate these experiences and remove considerations of gender.”                          

If I am interpreting his comments correctly, what Mr. Silverman is really trying to say is, equating domestic violence as a public health concern – meaning gender neutral terminology – is at its best, a disservice to women, and at its worst, an insult to female victims of domestic violence. 

Again we see that sexism still reigns in domestic violence circles. Mr. Silverman and others like him are insulted at the inclusion of men and their children in the aggregate of those harmed by domestic violence. He and others engage, without hesitation, in treating female victims of domestic violence as they should be treated – as human beings. But sadly, these same people treat male victims of domestic violence and their children as simply numbers. They perceive the extension of their compassion and resources to be delegated by statistical numbers – mercy to those with a greater percentage sign, pity on those in the minority. 

Consider that most people who are affiliated in some way with domestic violence prevention, and/or research, are also stringent women rights advocates. These same people refuse to accept “playing the numbers game” when the numbers would discriminate against women, and place any hardships upon them in a given situation.