Month: July 2014

REAL STORY: His mistake – he looked for a Better Half !!!

Reproducing another mail sent to me by a false dowry case victim after my article on abuse of 498A on Ibn Live. This man has been fighting for 8 years. A man who spent his entire young life taking care of his responsibilities did a blunder of marrying a woman who he thought would understand her responsibilities as a daughter in law. He in fact made things clear way before getting married – but what these men fail to understand is that women ( I am a woman too) are pretty good at hiding their wicked thoughts and most of them think that once marriage is done – they could play with the mind and heart and body of the man to make them do whatever they want. I have met many who made exactly the same mistake as this man….only to realize about it after paying a huge price of a false case. Ironically these are men who are good human beings.  

Here’s a candid and painful sharing by a victim of false dowry case:

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Hi,
 
First of all, a big THANK YOU from the depth of my heart for bringing up the matter and giving us the status of “Victim” which otherwise is “Accused” in the eyes of law and society. And a great grate salute for your Article. Am also an “Accused” of 498A alongwith my 65 years old widow mother, married sister, her husband and my younger brother, who is in Army and only visit the home only for 15 days in a year  and therefore am having personal experience of each and every panic pictured in your Article.
 
Am hereby giving some details of my case and request you that, if possible, please include the same in your Documentary / Article etc.
 
Am residing in Delhi since 1986. After the death of my father in 1996, my whole family, consisting of 4 elder sisters and 1 one younger brother (all were unmarried at that point of time, except one eldest sister), shifted to ***** and I left my studies, started working at Army Golf Course on compensation ground with a meager salary of Rs.54.50 per day. Worked hard for my family and arranged funds for my two sisters marriage, brother’s education, his enrollment in Indian Army, construction of a two rooms shelter for my family and all that at the cost of my “Golden Days” of youth with a hope that the loss will be overwritten by an understanding  life-partner.
 
In 2006, mother met with two consecutive accidents and there was a pressure upon me to get married and bring “someone” to take care of my mother, though the concept of bringing a “care taker” on the name of “marriage” was not acceptable to me but I agreed for the same on a condition that the girl should fulfill the two conditions i.e.
 
a) Never lie under any circumstances (because my ideology is that I can believe you if you are going with your “boyfriend” by speaking truth, but can’t believe you under any circumstances even if you are going with your  brother but lying to me)
 
b) To be ready to adjust with my “lifestyle” in accordance with my income.
 
On the most awaited day of Love Birds, i.e. 14th Feb, 2006, I met with Ja******r and explained the green_card_marriage-300x300above terms for which she agreed and accordingly, we got married on ** May, 2006 with the hope that I had got my “better-half”. Just after two months of marriage, the “Better Half” turned to be “Bitter-Half” of my life and the mirror of my dreams broke into pieces when it encountered with the reality.
 
She and her parents crated pressure upon me to “settle-down” nearby their home without giving any justified explanation for their desire of a “Ghar-Jamai” The issue become viral and vibrant and gave platform for many arguments and my life story turned to be “Vikram-Betal” story wherein I became “Vikaramditya”, she played the role of “Be-Taal” and her parents were/are “Silence Brokers”. Leaving for her “Mayka” became a routine job for her and my duty was as usual of a husband in this “ruthana-manana” game between the typical Indian Husband-wife relationship.
 
Meanwhile, we were blessed with two daughters (which is also a reason of my “failed marriage” due to her wish of “son” which she clearly expressed during her second pregnancy period). Marriage of her brother and sister got fixed in 2010 and she expressed her desire to go Punjab for one month before marriage, as her parents “need” her advice for shopping which demand was rejected by me on the basis of my past experiences and I planned a “4 days tour” for the said occasion.
 
On Sep 2010, she left the home along with my two daughters (the younger one was only 3 months old) in my absence after handing over the key to the neighbors. I Tried to contact her over phone but her parents didn’t allowed me rather abused me. I managed to hide the matter from my mother for a week but somehow she got this news from some of our “well-wishing relatives” and she got a massive heart attack on 3rd Oct, and got admitted at Jalandhar where the doctors told us that the “Prayers” are the only medicine.
 
But thankfully, the medicine advised by the doctors i.e. “Prayers” worked and my mother was out of danger with the support of 7 life saving machines (including external pacemaker, ventilator, ejaculator) incurring the expenditure of about 5 lacs and my job of Senior Executive in a Limited firm at Gurgaon.
 
My all efforts of bringing her back, went in vain and lastly I opted to file a case under Section 9 HMA (Restitution of Conjugal Rights) for the sake of my married life and for the future of the two little angels. But she appeared only once in the said case resultantly the case was settled “Ex-Parte”.
 
After meeting her 4-5 times in order to convince her (which was also proven to be only a “time wastage”) in June 2014, I filed a Divorce Petition and as soon as she received the notice for the same, she immediately filed a complaint of 498A against me, my mother, my sister and her husband and my younger brother (who is in Army and only visit the home once in a year).
 
Writing this mail in hospital where I have bring my mother who again got a “hypertension attack” after the receipt of Notice and due to the “Ever First Visit of Police” in home during her lifetime. Tomorrow, am going to appear before the “authority” as an “Accused” despite being “victim” of this Act. There are so many things which I want to say but I have tried to summarize my 8 years trauma in few lines, understanding the value of your precious time. I wish the story should be made public and therefore writing to you and request you to narrate the same in your own words.
 
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Disclaimer: This is a true story shared by a false case victim. Verification of Authenticity of this post by any genuine authority can be done by connecting with the blog owner here: martyrsofmarriage@gmail.com . If you wish to share your story, do write to us on the same ID.
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REAL STORY: Growing trend of Rape allegations with Dowry case

He showed me the final settlement papers. He is an advocate in Noida. The deal had been struck in INR 20 Lacs. Number of family members named in the case were 12 (whatever happened to SC/HC guidelines in not implicating all family members in dowry cases). Till this point it was a normal false dowry case. But….here was the twist. He also showed me the bail orders of Father in law. He was in Jail for a month and the bail was given after that where the judge stated “Since it is a matrimonial dispute and as no incriminating evidence has been found against the accused, he is hereby granted bail”. The charge on this 70 year old was that of “attempt to rape” and his crime was that he was the “Father” of the husband whose wife had no inhibitions in going to any extent to nail down the other family for a HEFTY SUM. 

new age package

“Attempt to rape, outraging of modesty, molestation, rape on other male family members” – these cases have become common place along with dowry complaints. As misuse of 498A has become a norm and template cases easy to decipher by judges, these new allegations are giving women power to bring husband’s family to toes. Thus, its becoming more and more common to see such allegations as part of new age 498A package. Anyone who is aware of the proceedings of a false case would be able to understand this net better, as how false allegations are made and how no one cares a little about making these exaggerated claims (esp wife) is well known to them. Rest…you can do some digging and talk to criminal lawyers dealing with matrimonial disputes to verify this trend. 

Anyways, here is a candid sharing by one of the victims. Any media rep reading this blog can get in touch if they would wish to cover this case, since the victim of this false case is ready to go to media with several evidences to prove his and his families innocence. Not forgetting to mention, by the time his real trial would come in the court, he would have lost a lot of things in life already, if he does not pay.

Here it goes….VERBATIM (edited to keep identity confidential and avoid IT Act)

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“Mam I would like to request you to kindly broadcast our story in your leading news channels to create awareness in the society where RAPE is considered as most heinous crime which create a lots of mental and physical humiliation to the victim on the contrary FAKE RAPE cases are getting registered in the Police Stations without any medical examinations by GIRLS and it causes the same humiliation even more worse than RAPE victims to the falsely ACCUSED.

Similarly I and brother are facing the same kind of humiliation where my sister in law (my brother’s wife) has cooked a fake story and registered an FIR against both of us under section 376/498 A and others without her medical examination and without any proof and witnesses.

We have enough proofs like her phone recordings with her parents, medical, examination reports of her, Police investigation report and her previous (dirty and nude) photographs when she was not married to my brother which we received one month after marriage.

Inspite of having so many proofs against that cruel lady we are unable to bring our innocence.

Apart from evidence, we have sent Nos- 3 complaints (much prior to her FAKE COMPLAINT of RAPE and FIR) to the Police Stations, DCP office and CAW cell to take action against that cruel lady since she is preparing criminal conspiracy against my brother (husband of the complainant) and our family but nothing has been taken seriously.

*False Rape Claims can be Just as bad as Rape, Delhi High Court Says.*

I sincerely request you to kindly bring this matter of fake cases of Dowry and RAPE to the public as a true journalist and let’s stop this evil practices in our society which is very common these days. We will provide you enough proofs which can be telecast on your channel and many families will also be save.

First they wanted to send us behind bars for such heinous crime where bail is also quite difficult to achieve demand for amount of money and further more demands will come…

Why should we bear this pain when we cant dare to dream such henious crime to do?  she has smartly alleged fake rape case on me and has mentioned that rape happened one month back…. she filed four complaints against us and all four complaints are different in contexts…

My wife is running behind DCP office, courts , layers chambers and police stations to drag me from these false allegations but she alone have limitations as she has to look after her job and office and our home and my mom too…(VICTIMIZATION OF TWO WOMEN IN NAME OF ONE WOMAN)

We all were living happily before my younger brother marriage and one wrong girl in our family has not just ruined our happiness but our image, careers, life in fact everything….

i wish and humbly request you to help us…

we have enough evidence like phone recordings and audio recordings of that heartless lady which proves our innocence on other hand that girl has false and different complaints in contexts ,no evidence to prove her rape , not get medically examined and doesnt reported the incidence in 24 hours coz she knew if wud have told the police that it happened just few days back she wud have got medically examined and have caught red handed there only…

Pls protect us , we will not put our heads down in front of these fake complaints and will fight till these people will get charged for fake rape cases , criminal conspiracy , defamation , adultery and other cases….

we want to teach a lesson to such ladies and families of girls who are blindly filling fake cases against their husbands and in laws and to any one know or even unknown to them..

Because of such misuse of rape laws real victims will also be looked at with doubt , their justice will suffer.. real rape accused will live freely in the society and more fake rape cases will grows up
statistically more innocent families will suffer .. time is not far when indian jails will get full of innocent people…

It will become a story like sher aya sher aya and no one listen to anyone who will cry for help …

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Disclaimer: This is a true story shared by a false case victim. Verification of Authenticity of this post by any genuine authority can be done by connecting with the blog owner here: martyrsofmarriage@gmail.com . If you wish to share your story, do write to us on the same ID. 

Would 2014 Supreme Court Judgment change 498A Status Quo?

Girl false accuser punishedThe latest Supreme Court Judgment passed in case of Arnesh Kumar vs State of Bihar citing misuse of 498A and ordering absolute restrain on frivolous arrests in these cases has created quite a furor. People who have been victimized by this law and millions who would be at the altar of being harassed by this extortion tool have many views whether this judgment would be able to control the misuse or not. I initiated a debate on facebook and I am posting some of the selected comments here. Would help us in analyzing the impact in 2015 when we would have 2014 NCRB stats with us. I personally hope that this judgment has an impact and people use their right to question the police whenever there is a pressure arrest without an iota of evidence. Hope suffering reduces.

 

QUESTION: How many people think SC directions would change the 498A status quo?

RESPONSE: Categorized in Positive, Negative and Need More. Positive means people are convinced that the judgment will indeed lead to a great change. Negative means people are not sure/doubtful if this would change the situations. Need more means there are more things that people/government needs to do in order to tackle this menace.

POSITIVE: Dhirendra: Atleast parents & relatives will be sparred

NEGATIVE: Shailendra: I don’t think its going to impact much after a few years..cos the police would have then found other ways to trap the parents and siblings in the cases. MIght not be direct 498a but they might start using 506 or 420 more and more. As the law evolves, so does corruption.

NEGATIVE: Atit: it won’t… how many FIRs being filed just under 498a??? they will add 377 now

POSITIVE: Manish Sharma: I am sure that the extortion in the police station will be stopped from now upto greater extent. So far problems have been that the people get arrested randomly in the night and day and especially during fridays evening so the court were closed during weekends and police get better way to negotiate and whole family have been going behind the bars if the negotiation dont work out and noone outside to look after bail sometime and even to think to get them out. Thats why people were forced majority of time for negotiations in the police station but now people would be aware if they get complaint against them and also if IO dont follow the process then people have to be ready to file complaint against them and we got to make them party too and thats the only way to bring them on the edge of sword!

POSITIVE: Shikhar Gilhotra: 498a will be toothless but 376a/354 will cover it …i.e girls will start implicating these sections on her FIL/BIL.

POSITIVE: Sandeep Singapuri: Certainly an Impact.

POSITIVE: Kumar Animesh: I do agree, it will change..just to share an exp..my friend used to get calls from some police st in Bengol..PI used to ask this.fello to appear before him asap otherwisen FIR wd be registerred..post this verdict, I asked him to confront the PI,and there it goes..no more pressure calls…so it will ve a lasting impact. And I even told my frnd to record his conversation..enough to set up a departmental inq.

NEED MORE: Uma Kiranam: SC directions will not change status quo. So, what will change status quo is not the SC directions. It is people using the directions to protect themselves that will make the difference. CrPC Section 41A itself was enough if people were going to learn how to use it. In fact, there are several tools to fight against legal terrorism. It is whether you use them or not that makes the difference. In the current example, the applicant for anticipatory bail used his right to go all the way up to the apex court.

POSITIVE: Rajendra Tiwari: Things are going to change is for sure

POSITIVE: Pankaj Agarwal: The honble SC has directed the decision to be sent to all home secys. Once the paper pushing is over, i am sure we will see a difference. Remember, this is not just a verdict, it has a manual in built.

POSITIVE: Abhay Kumar: I am sure the impact will be significant on the on going cases, which are still in the complaint mode, but there will be chances of 498a coming into package with other deadly sections as stated above.

POSITIVE: Raj Pandey: it’ll bring significant changes for sure.

NEGATIVE: Nayan Nilank :  It would not have any effect, because first of all 90% of the public will not be aware of it, and even if they know it and they show it to police, they would take it as their insult and challenging their authority, and results we all know. until and unless any law which is meant to protect Indian Family (not just wife or husband) is not freed from gender bias, things are not going to change…

NEGATIVE: Achal Gulati: as i always say BUEROCRACY is spread all accross our nation and govt. employees i.e cops n lower court judges are not accountable for anything…..so this SC DIRECTIVE is just a joke as in lower courts judges openly say that go to HC or SC if you dont like my verdict…..they have told me this and to others as well i am sure

NEED MORE: Nilesh Sharma:  If police will see someone who got good prestige and if he or his family members are learned enough to gather crowd in police station as they know the new rulings of Supreme court, then the rulings will be followed. Else they will have the attitude, “dekha jayega jab contempt of court ka notice aayega” as to take a follow-up with courts and again a new case of contempt of court on police, magistrate etc is in itself a tedious process and police know the pulse of people. So as commented by Nayan Nilank most of the newly married men and their family members never bother to know the marital laws and leave behind supreme court judgement. Even if, Save Indian Family mebers like us s, share the judgement to them they casually smile and delete it. This is because they feel, Shaadi ki hai to Acche Din Aane Wale Hain Scrapping 498A, 406 is the only wayout 

POSITIVE: Ranjeet Singh: untill and unless some Police personals face contempt of court their attitude and behavior is not going to change ? but yes some change is already seen like some feminist are started to have headache in stomach

NEGATIVE: Manjunathan Padmanabhan:  it will not change nothing we need more n extreme effort to change

POSITIVE: Gaurav Sahrawat:  I think so , it will go a long way to stop the menance. police has to find the safest answer to those 9 questions and based on what they find as the safest answer for those 9, it will tilt.

POSITIVE: Hemendra Kulkarni: SC judgement is welcome step. However, lower judiciary, which is known for its rampant corruption & practices, will continue the 498a witchhunt ! SC Judgement no where makes Lower Judiciary accountable. Chances of #498a escaping tighter scrunity mandated by judgement by going through JMFC route are quite real.

NEGATIVE: ArkIng(Alias) : Practically, there wont be any change. Police is the one who submits the report to Magistrate. And you know better whats going to happen. 2ndly magistrate is the one who didnt give the bail to Arnesh upto HC. What the guidline given to HC by SC. I feel SC direction itself is the gr8 Joke to MAN.

POSITIVE: Vinod Kapoor: We have not contained cops…the worst part is this only ….Contempt is long and arduous. …who would do that …immediate redressal in each matter seems distant … till then cross fingers.

NEED MORE: Ajhay Waghmare: Positive change will be seen only when there will be reverse punishment to the false complainant.

POSITIVE: Sanjay Mehra:  It will have an impact, maybe not a whole lot immediately, but with awareness and people pushing the boundaries further, and further, the long term impact would be substantial

POSITIVE: Swarup Sarkar:  Awareness is key now for arrest u hv a option to go hc to take action against police and magistrate . So how to use that only awareness help #Rkumari know now police cant give excuss that as it is non bailable so they dont hv any option except arrest . Now at least police can work without pressure of #Rkumari type activist but the ultimate aim is to make 498a bailable and dv gender netural

POSITIVE: Partha Sadhukhan: We want punishment for false complainant. Unnecessary time wastage for Indian youth and taking the economy down…This judgement is only 1 % achievement

POSITIVE: Grahak Jago(Alias) : If implemented in true spirit it should bring a change.

NEGATIVE: Ritesh Kumar Tiwari: crpc41 is from 2010 but in 99% cases it wasnt followed by police and judges wld SC take any action

NEED MORE: Milind Goswami: Also the acussed should get compensation for false cases

POSITIVE: Jay Bahuguna: now it will be ….accountablity moves to police and magistrate…but 498a needs to be bailable

NEGATIVE: Jitendra Sharma:  I opine……police will have more time to extract more flesh..by displaying draconian sword………with immediate arrest…..fear did at times vanish..

NEGATIVE: Pankaj: STILL EXTORTION FROM LAWYERS AND POLICE BECAUSE JUDGES WOULD BLINDLY SIGN THE ORDERS AND THEY DONT HAVE TO TELL WHY THEY THOUGHT OF SIGNING THE ORDERS

NEGATIVE: Ratan Parija:  I don’t think so , cause there still no particular definition of domestic violence , and the law can still be used to blackmail the family members .

NEED MORE: Santanu Bera: Reverse punishment is must. Clause need to be added, whoever misuses the law will be also treated as a criminal for interfering with someone’s authority to lead a peaceful life. Or just make the law gender neutral. Then nobody will dare to put a false case.

NEGATIVE: Vikram Gupta: It can Never

POSITIVE: Anand Pathak: Nothing will change until and unless one is not fully aware of this SC judgement…SC has at least done something good…people also should get fearless and start giving hard time to those police officers who try to misuse their power of arrest….let the fear go and counter police as hard as possible…yell at them about SC judgement, tell them that they are under scrutiny as well, one wrong move by them will land them in trouble…keep smiling and be confident….shoot letters beforehand and show them copies….now the fight is not that hard…SC has at least given us a breathing space and we have to make proper use of it…few policemen are send behind bars then more awareness will come and misuse will decline and police will think twice before doing anything illegal.

NEGATIVE: Shammi Dang: No it is not going to change. The 9 points check list of 41A amendment can be moulded by the police in many ways where justification for the arrest can be given easily. One of the point is the accused if not arrested can destroy the evidence. It will only lead to more curruption at the police and the judge level minus the lawyers. The media hype what we see is just a “lollipop”.

POSITIVE: Sumit Dubey: CrPC 41 is in place since 2010 amendment, but has been made transparent by this judgement by putting burden of justification on police n magistrate both. Since accountability is two in a box, I personally foresee the decline in blind institution of false cases. At the same time, corrupt always find their ways around it and will not blink from non-compliance if feeded with fat dose of Vitamin M. Misuse will completely stop only when there is more awareness, inclusion of misuse clause, and code is made compoundable.