Maneka Gandhi : Want maintenance? Allow father to meet children, says court
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Shrimati Maneka Gandhi,
Hon’ble Minister of Women and Child Development,
New Delhi, India.
Sub: Want maintenance? Allow father to meet children, says court
On the eve of Father's day , Save Family Foundation and their associated NGO write letter to WCD Minister Ms. Mankea Gandhi highlighting the The Problems faced by Fathers Like:
1. The society views the separated/divorced father as an ATM MACHINE. Thousands of fathers are not allowed to see their own children let alone spending quality time with them. The child becomes a bargaining tool by greedy wives to extort money and property.
2. Many husbands face threats of false cases like dowry harassment, domestic violence, kidnapping, child molestation, etc if they make attempts to meet their children against the wish of their wives.
3. We have also come across many cases wherein women just wait to get a child out of wedlock and as soon as the child is born, they start abusing the husband and do not allow him to spend time with his own child using them as a mere sperm donor.
4. When a couple goes through separation, the child is used for playing emotional games on the father so as to control him. Many women poison the child against the father out of vengeance. It hampers the father-child bonding which is essential for normal growth of the child.
5. The family courts are generally biased against fathers. First of all, visitation orders are not passed generously and even if passed, there is no practical mechanism available to enforce the same or punish the woman violating such orders. While it is imperative that family courts grant open access to fathers facilitating them to see their children, such orders are a rarity instead of being a norm.
But WCD ministers Prefer to keep silence and in mood to make more and more Anti-Men LAW with association to NCW , the Mumbai Court acknowledge the same.
In a case filed by the father that his ex-wife had not allowed him to meet his children aged 11 and 13 last Diwali, the court said it will monitor if the mother allows access to the children and only if it is satisfied will it release the outstanding maintenance for the two children. This amount will be deposited in the court.
In the process, the court also struck down the mother's entire defence in the custody battle, which also leaves the door open for the father to win custody of his children.
In the original case, the Bombay High Court has in 2007 asked the father to pay maintenance of Rs 7,500 to each kid. Till now, the father has paid Rs 1,45,000, with Rs 5,20,000 still outstanding. Family court Judge IM Bohari has ordered the father to deposit this outstanding amount in the name of the family court's principal judge Lakshmi Rao. Judge Bohari said the court will observed if the mother allowed the father access to his children and the money would be given to her with interest accordingly. If she didn't follow the courts order, the money will be put in a fix deposit under each child's name till maturity. The father, however, will continue paying the monthly maintenance.
It was the father's case that the court has allowed him to meet his children for one day a week, besides birthdays and half a day on festivals and major vacations. Last Diwali, the father had got a court order allowing him to spend 4 days with them. But when he reached the spot where he was to pick up his children, they were not present. He then filed a police complaint, submitting photographs as evidence.
The mother, on the other hand, said she was present but did not bring the kids as they were happy with her current husband. She said she was also in the process of opposing access rights to the father.
"Not only Diwali, but access on subsequent days has also been denied. If the children are living with the mother, her new husband and three children there is no reason for her to deny the children's biological father access to them," the judge said.
Once again with this Court News , appeal to WCD and LAW minister to amend the existing Child visiting law for fathers and related Maintenance law on Top priority ,as disallow a Child to meet his/her father is nothing but Child abuse.
Fatherless society is dangerous:
As we know fathers play a vital role in the development of a child. In the United States of America, reported statistics tells that Children from fatherless homes are:
1. 5 times more likely to commit suicide
2. 32 times more likely to run away from home.
3. 20 times more likely to have behavioural disorders
4. 9 times more likely to drop out of high school.
5. 10 times more likely to abuse chemical substances (become drug addicts)
6. 20 times more likely to end up in prison.
We have following demands:
1. Grant immediate and equal (child) access to both the separated parents, to legislate laws and make co-parenting mandatory.
2. Need of separate Union Ministry for Children and to de-link the same from the present Women agendas, since their objectives & goals are different and child rights are totally being ignored.
3. Government must immediately Roll back the “Marriage Law Amendment Bill” which is pending to be cleared by the Lok Sabha & as it is gender biased and must be replaced by a Family welfare bill making Men and children also as beneficiaries as per the principal of Natural justice.
4. Punish people who misuse laws meant for protection of genuine women victims by filing false cases, particularly in IPC 498A, Dowry Prohibition Act, Domestic Violence Act and also filing false rape charges on father with an ulterior motive and concocted to deprive the children from accessing their own natural father
5. Ban Child interviews when the children are of tender age & in a hostile environment as it is found that one parent usually brain washes the mind of the child against the non–custodial parent. India must accede to United Nation’s Convention of International Parental Child Abduction, which is long overdue.
6. Due consideration should be given to both grandparents to have equal access to their grandchild to shower their love and affection and to spend quality time in their life.
1. Encourage children to go to separated Father’s / Mother’s home every week end instead of supervised visitation or limited to family court premises or a park etc
2. Train Family court Judges as what constitutes child welfare and Hon’ble Supreme court should also lay down guidelines to avoid prevailing confusion.
3. Child support should be properly accounted and not disguised alimony to spouse & the father should be allowed to all rights of a father including participate in sports day, parents teachers meeting, get updates on the progress report, etc from the school.
With this letter, we hereby request to take concrete steps as per our above demands to ensure that a Child doesn’t get an unwritten Divorce/Separation decree while his/her parents get such a decree.
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