Press Release By MyNation Hope Foundation with reference to the Case of Rajesh Vs. Neha & Others, in Writ Special Leave to Appeal (Crl.) No(s) 9503/2018 in a Writ order of the Honourable Supreme Court delivered its guidelines in CRIMINAL APPEAL NO. 730 OF 2020 dated 04/Nov/2020
We, the members of MyNationHope Foundation with a presence over the internet and social sector all over India helping needy for free, over 12 years and having more than 10,000 Families registered with us, would like take this opportunity to bring out some major concerns and long term implications of this guideline both on the legal and social fabric of the country as well as Privacy Rights of the citizens as whole getting wrongly implicated in various litigations on family issues.
We would like to draw the attention to below key points as arising out of the Guidelines issued by Hon’ble Supreme Court of India for on payment of maintenance in matrimonial matters.
- These Guidelines are highly regressive in terms of the Fundamental Rights of Financial Privacy and Financial Freedom
- These guidelines further promote the gender biased approach by mandating upfront disclosure without any due merits to the legitimacy of the litigation
- These Guidelines require financial disclosure which is fundamentally violative of the Financial Privacy Privileges of the citizen specially impairing the honest tax pax paying citizens
- These guidelines do not prescribe any mechanism of safeguarding of Personal financial information whereas the whole world is moving towards protecting the Personal Information rights of Individuals. This is in contravention of all the international Privacy Laws
- These Guidelines mandate the Deponent to encroach the Privacy of dependents which is unconstitutional and illegal
- These guidelines potentially are converting a quasi-civil legislation to Criminal legislation without any statutory backing
- As always court has talked only about the financial rights without even mention of the corresponding duties of the litigating wives who under the gender biased laws continuously engage in Parental Alienation Practices
- These disclosure guidelines are not backed by any constitutional or Statutory backing and will act as means of harassing the male fraternity already suffering from Legal Terrorism due to Gender Biased Laws
- Most of these guidelines are going to impact the hardworking and genuinely tax paying community largely from male fraternity and result in decaying further of marital institutions as marriage as an institution is already wrecked by misuse of Gender biased Laws
- This promulgation is going to add fuel to this gender divide and provide the route for more litigation for easy money at drop of hat
- These guidelines promote Divorce, as most of guidelines are favourable to women, drafted with one goal, when Women is divorced she should get money along with Children without considering men’s others liabilities
- These guidelines completely ignore the merits and legitimacy of the litigation and are directed towards favoring women blindly. These guidelines have been drafted referring other prior judgments with a biased approach only considering judgements favoring women. It does not take into consideration any prior judgements rendered by Honourable Supreme Court like, No maintenance to Earning / Educated / Capable women, No Domestic violence No maintenance, No maintenance to Wife who deserted husband without valid grounds
Other than above points, We the MyNation Hope Foundation submitted many suggestions which have not been taken into consideration
This issue requires urgent intervention of your good self, this being issue of national importance which is spoiling thousands of families tearing apart the social structure of Indian society by greedy women gradually to the extent that today rate of matrimonial disputes increasing by the rate of 25% per year across the country which is finally converting into financial settlement by way of taking huge ransom/alimony running in crores.
The NCRB data is reflective of the suicides by married men running into multiple thousands and impacting lakhs of families due to such Gender Biased Promulgations.
Most pathetic result of this menace is, ultimate and endless suffering of children coming out of such disputed wed locks, which putting a big question mark on the future of this country.
Therefore, on behalf of all the suffered, suffering and prospective sufferer brothers we MyNation Hope Foundation humbly request Honourable Supreme Court of India to reconsider the above guidelines for the genuine citizens who are going to be burdened by further litigations arising out of these guidelines. These guidelines at the best can be reasonably modified and should be applicable only for the Genuine cases post evidence and arguments rather than unleashing on an overall basis further prompting the greedy wives to manipulate the laws.
This has significant economic implication for the genuine hard working and tax paying fraternity which is getting butchered by false cases day in day out.