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Tuesday, January 20, 2009

Shared Parenting a Child's right

Original marathi news reported in Saamna(20-01-2009), by Ms.Kavita:

(Please inform your feedback and appreciation to Ms.Kavita, the correspondant at kavita0501 (at) yahoo (dot) co (dot) in and response (at) saamana (dot) com )

After a Divorce, Shared Parenting is Wanted

A Powerful demand from Men's Organisations

The men's organisations have tightened the belts in order to bring in and implement the "Shared Parenting" system in India which has already been successful in Western countries.

They have appealed to Women and Child Department (WCD) to obtain its help is remedying the situations where Even though the father may be of sound Financial and Mental health, in many divorce proceedings, the Indian rule of awarding custody of children to their father is being ignored and is showing lethargic attitude.

In Divorce Proceedings, while father and mother fight with each other, children are routinely ignored. Child knows that father and mother both love him or her equally, but court proceedings are so antagonistic against each other that both parents tend to overlook the needs of the child.

"In Indian Family Laws, During Separation, Mother is considered more important" says P.R.Gokul, a member from a voluntary organisation Called "Children Rights Initiative for Shared Parenting". Because of this only, even after a father is proved innocent, he only gets rights of visitation.

If for some reason, a father is not able to meet his children, the opposite party pollutes the mind of the child and changes outlook of the children towards their father. Because of this, the children are constantly trying to evaluate whether their father loves for them.

Besides this, problems faced by such father is not heard or considered properly.

Hence for those kids, whose parents are living in same city, let one of them take him from Monday to Friday and let another parent take him on Saturday and Sunday. In this manner, the child will not feel deprived from the father as well as the mother.

Options for such a Shared Parenting Arrangements must be considered.

A plea is made to Women and Child Department (WCD) to make Justice system of India to consider that during durations of holidays, guardians must spend equal portions of time with children And Instead of the current law where children less than five years of age live with mother, the child must be allowed to spend some with the father.

For further information on this, Kumar Jahagirdar from CRISP told Saamna that Women and Child Department has assured him that Shared Parenting Options is being considered.

It has been proven time and again that the children who only live with one of their natural parent as a result of divorce grow up to face many mental and social problems which affect their personality.

For this reason, "Shared Parenting" system currently being practised in western countries must be implemented for benefit of children from divorced parents must be able to obtain love from both parents.

(Please inform your feedback and appreciation to Ms.Kavita, the correspondant at kavita0501 (at) yahoo (dot) co (dot) in and response (at) saamana (dot) com


Anonymous said...

Sunday, December 28, 2008
Purushottam Mahajan - Mumbai - Maharastra
Name: Purushottam Mahajan
Comments: My name is Purushottam Mahajan; presently working for Citibank, my wife’s name is Ujjwala after marriage (Pallavi). She runs a Beauty Parlor at Santosh Nagar, Goreagaon(E), Mumbai, which is a slum area.The marriage was held on 25April, 1999. From the very beginning there was a difference of values and the attitude towards life. After marriage we had gone to Matheran for Honeymoon and there only she showed her colors….was freely flirting with a son of the hotel owner where we stayed.
My parents live at Dabhadi, Taluka- Malegaon Dist- Nasik .Immediately after marriage she said if you do not take me to Mumbai I will make a big Tamasha….
My mother is a retired Head Mistress of a school at Dabhadi and my father was a Head Master of a school at Dabhadi and now retired as Area Education Officer.
Initially the problem was of hygiene, gross negligence at home; my kitchen was just a dump yard she never use to take care of my son, her only interest was her beauty parlor where she sits with women who always talk very cheap….
Once there was a fight as my son was not doing well in studies and I requested her to come back home once son’s school gets over because after school he remains hungry she keeps him at parlor where he plays in the slum…gutter…mud…because of the fight we together went to a Police Station at Dindoshi, Goregaon, where we met Mr. Suryakant Kharat who was PSI on duty…..I explained him the problem…when he heard about the beauty parlor he took interest in my wife, did not listen to me and did hero giri in front of my wife…Isko Under Kar do kya…..he then gave his mobile number to my wife and taken her number also.
After few days my wife showed me the sms sent by the PSI…said how he is trying to take the advantage of our quarrel….then he started giving calls to her….initially she avoided talking to him…when she showed me the calls I requested her that we should go to his senior officer and complaint…she said why will she complaint?.....he may be useful to her one day….why will I take enmity against him?... The entire world came to know but I was not knowing when she developed the relations with him….My friend saw her on the motor bike with him….the neighbors saw her with him….but I came to know at the last…..when I came to know she started giving threats Kharat can arrest me any time….he can arrest my entire family my aged mother-father brother-sister….then whenever we use to have quarrel she started hitting me….pulling my hair…and tearing my clothes…and giving me threats Kharat can come with Police Jeep and can arrest me….when she started hitting me very badly I told it to my relatives…no one believed….wife can not beat her husband then I met a Lawyer Mrs. Ashumol Kumar…explained her the problem she told me that if no one believes then you will have to record it….because what happens in the four walls, you will not be able to prove and the law protects only women….then I put a DVR, a video recorder. It recorded all the incidents day and night 24hours for 2 months…. Where you can see she beating me every morning I was going to my office and after office the moment I entered the house….though I am a man I was afraid of going home at the end of the day….
I showed the recording to my relatives….they were shocked…the meeting was arranged between her relatives and my relatives where my wife said she is not interested and wants to be a free women…her father demanded 10 lacks rupees and said if this demand is not fulfilled then as you are aware we have good relationship with the Police Department….we know how to get the money….relatives said it is totally a kind of extortion….if you get money then nothing happed if you do not get money then you will file falls complaint to get money…the intervention of the relatives was of no use…wife left my home at her own will brought police to take her belongings…and started living independently….then I filed a divorce petition under cruelty ground in the Family Court at Bandra on 23rd July 08 and as the part of the conspiracy with Karath and a lady PSI Vandana Shirgire my wife gave a written complaint to file a case against me U/S 498A on 8th Aug 2008.
I was called on 20/08/2008 at the Police Station. I went with all the evidence I had showed it to the PSI Vandana Shirgire who is a regular visitor to my wife’s beauty parlor and was taking instructions from Mr. Kharat….the PSI behaved very rudely with me I called my Lawyer Mrs. Ashumol Kumar…the lawyer spoke to the PSI and also with my wife, they demanded 10 Lacks rupees or be prepared for the consequences….the lawyer said make a demand which can be fulfilled…..
Then I met the Senior Police Inspector Mr. Uttam Khairmode (on 21st Aug 08) showed him the video recording and explained him that it is me how is the victim….he called my wife… they had the meeting…the Senior PI said if you take your wife with you there would be no offence registered if you do not take her with you we will file a complaint….I said Sir she left the house on her own…even after looking at these videos where you see how violent my wife is you are asking me to take her home…..then I did 2 things I applied for Anti-cipatory Bail and I met the DCP Mr. Ajit Patil…(on 28th Aug 08) after looking at the videos he said how can they think of filing complaint against you?....he called the Senior PI who was irate with me because I approached his senior and also called the lady PSI and my wife…..he showed the video to my wife she agreed it is she only…then I was told to go…..and the next day the police was suppose to give their say for my anticipatory bail application the lady PSI came with the offence registered.

Initially interim anticipatory bail was granted to me but later the Judge did not see the videos and the divorce petition which was flied before the offence registered …just kept on reading the documents created by the police and I was sent to jail….for 5 days….
After coming out of the Jail I straightaway went to see Teesta Setlwad ….she was not in Mumbai….then I met her husband Mr. Javed Anand… who told me that he knows the Additional Commissioner Mr. Suresh Khopde who is non corrupt and would give justice to me….I prepared presentation spending the entire night and next day met him (on 7th Oct 08). He called Mr. Kharath and the lady PSI Vandan Shirgire (on 10th Oct) and told me to ask few questions to them in front of the Additional Commission both Kharat and Shirgire were unable to give answers to my questions….Mr. Khopde said he can very well see the conspiracy…said we recruit women who are suppose to be sensitive but this lady officer is shameless…he shouted at both of them and said I am taking this case away form Vandana Sirgire at this very moment… told me to meet PI Khadtare give him all the evidence I showed him and they will see that this case gets classified and closed. Now Mr. Khadtare has taken my statement, statement of relatives who witnessed the extortion of Rupees 10 lacks…I have given him all the documents proving that each and every sentence in the FRI is falls ….but I am not sure if he is trying to safe guard PSI Kharat and Vandana Sirgire…So far he has not yet submitted his report to the Additional Commissioner Mr. Suresh Khopde who is due for promotion and may get transferred and then there will be no one to give justice to me….at the moment I am just waiting and watching…
Posted by 498A_Crusader at 12/28/2008 02:04:00 PM 2 comments

Peace - UK

Anonymous said...

Re:Indian Penal Code 498A:-

Tell us if the law "not" allowing the police to immediately arrest a guy and his family as done in the past after a lady's one complaint (whether it be with evidence or not) is now fully operational or still going through the lawmaker's bench for final signatures?

Peace - UK

Anonymous said...

Hi CruiserDeep

Re:Indian Penal Code 498A:-

Tell us if the law "not" allowing the police to immediately arrest a guy and his family as done in the past after a lady's one complaint (whether it be with evidence or not) is now fully operational or still going through the lawmaker's bench for final signatures?

Peace - UK

Anonymous said...

I had said that the politicians allowing this misuse of Indian Penal Code 498A after reading cases are equally at fault. This was clearly stated during comments at one particular case. Now it seems that there is some sort of a U-Turn coming to place. We need to know more about it as to whether it is fully in force throughout India or not.

Peace - UK

Anonymous said...

New aditional rules on Indian Penal Code 498A(Reader to check for details):-

UK Guy

Anonymous said...

Peace - UK says....I already said along these lines some time back.....

He who has Authority and Power, when he see some malpractice, Misuse and Harassment of innocent and doing nothing, turning blind eye then he should held Responsible and he is part of this Injustice. This is none oher than SUPREME COURT OF INDIA.

Years Ago Supreme Court Judge Pronounced 498A is a Legal Terrorism, Along with other gender biased laws like Domestic Violence, Divorce, Custody and Alimony which are totaly Against men. Years Passed, still there is no Change nor Misusers never brought to Justice.

“ The law which is weak and Biased and strikes the innocent 98% of times will never be able to eradicate the evil which it was intended to eradicate”

The Supreme Court has held that a law cannot be declared invalid simply on the ground that it is likely to be misused.

A bench comprising Justices Arijit Pasayat and M K Sharma while upholding the conviction of a husband under section 498-A IPC (Cruelty for dowry) noted ‘It is well settled that mere possiblity of abuse of a provision of law does not per se invalidate a legislation.’ ‘It must be presumed, unless the contrary is proved, that administration and application of a particular law would be done ‘not with an evil eye and unequal hand.’ The apex court also took note of the fact that the object of introducing Sec 498-A IPC was to check dowry as the increase in the number of dowry deaths was a matter of serious concern.

The court, however, reduced the sentence of appellant Satish Kumar Batra, the husband, from two years to 13 months imprisonment which he has already undergone.