Dear Citizen,

We are a not-for-profit NGO promoting the “family harmony”. We are spear heading a movement against the Legal Weapons of Family Destruction and fighting against misuse and abuse of women-biased laws (IPC 498A, Cr.P.C 125 & Domestic Violence Act). As part of our activities we are filing a Public Interest Litigation to grant Automatic Divorce decree on moving an application by the husband, if there is a case under IPC 498A or Domestic Violence Act registered against him.

Below are the grounds for filing the Public Interest Litigation:

1. On mere application of common sense one can conclude that a woman who is claiming dowry harassment or domestic violence by her husband cannot be presumed to live with him any longer. More so when she is claiming for the reliefs of Protection/Residence/Maintenance under Domestic violence Act and wants the husband to undergo imprisonment of 3 years under IPC 498A.
2. When a woman comes forward, complains and claims for these reliefs, then that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again.
3. In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court. Alternatively appropriate amendments should be brought in the Hindu Marriage Act so that husband should be able to move application for divorce.
4. The domestic violence Act has been designed to provide protection to woman and not to harass the husband. In such a case husband should not be denied of his basic rights of being in a family, cohabiting with a woman and pass on his genes to the next generation, etc.  The punishment defined under IPC 498A is only imprisonment not to punish husband by denying his conjugal life or his physical needs. Even those who are accused under much severe crimes like IPC 302 (murder) or IPC 307 (attempt to murder) will be given a liberty to live freely till he is proven guilty. Many of the accused people in the 1984 Sikh riots & Godhra riots are freely living while they are undergoing their trials. Their basic rights or needs of getting food cooked by their women, having children with their women are not being denied. In such a case why a husband accused under domestic violence Act or IPC 498A should be punished and should be denied of his basic rights? Since the existing domestic violence Act or IPC 498A doesn't have any punishments like not allowing husband to eat food or not allowing him to have sex, etc., the husband should be made eligible for an immediate automatic divorce decree if he moves an application for the same, so that his basic rights are not denied but fulfilled by any other woman who is happy to live with him along with the reliefs being fulfilled under this said Act & IPC 498A for the complainant wife. Not doing so results in violation of human rights of the husband.

Prayer: Therefore, we want to pray to grant Automatic Divorce decree on moving an application by the husband, if there is any IPC 498A or Domestic Violence Act case registered on him in order to protect the basic rights of the accused husband.

In order to gather support for this Public Interest Litigation we are conducting an online signature campaign. Please support us by signing for this ipetition and giving your details.

With profound respects,

Suresh P                                                                           

President                                                                          

&

Mahesh M

General Secretary

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