Month: August 2014

Fighting for 7 years….still no Justice! Truth of 498A

A personal sharing from a False 498A Victim. There are lacs of families suffering from gross abuse of this law and this is how ..

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The false police complaint of Dowry was filed by the Wife of my elder brother in Dec. 2006 in PS. XXX in Ludhiana. Then started the process of police calling us to police station and subsequent filing of FIR without even trying once to send the case to women cell for counseling of the couple.Although the case has been said to be investigated by DSP level police officer but we were just asked to give our statements in police station and then FIR was filed as per Girl’s statement. No one bothered to verify whether the complaint is genuine or not.

Then, we were just running from one court to another till Honorable Supreme court granted the final bail in April 2009. Around 50 dates (Assuming 1 date every month which comes out to be 60 in 5 years) and not much substantial has happened during this period. The complainant is a Lawyer herself in the same court although now she wrongly claims not to be practicing currently. She is still a member of Bar association of the same court. Her mere objective is to prolong the case in the court by misusing the process of the law and get the money out of my brother. To further this cause, she will either move unnecessary applications or new cases or will simply absent herself from proceedings of the court. Whereas my family has been very much punctual on each and every date. (Editor’s Note – This is the common phenomenon in all cases where this law is abused. The complainant does not appear on the dates and keep prolonging the case until a compromise is reached which usually means in financial terms. This is exactly what is known as “Legal Extortion”)

My senior citizen parents travel 200 KMs every month, sit all day in court and come back with a new date. Only few months back, my mother was granted permanent exemption from court appearance due to her ill-health. My father already has undergone cancer treatment but still he is regularly appearing in the court. I belong to a middle class family in XXX, Haryana. My Father and Mother are retired government servants. My Father retired from Haryana civil secretariat and mother from XXX. The case mentioned here might be the most common issue of Indian society and I might be simply one ordinary Indian citizen but the fact that I want to bring to your notice is that me and my family have been suffering for last more than 7 years because of nothing wrong done by us.

The only mistake my parents did was to marry my elder brother to a wrong girl. I am writing on behalf of my family who is looking for Justice before it is too late. Already no hope is left due to the kind of one sided women laws which give benefit to only the girl even if she herself is defaulter in the relationship.

My brother was married in Apr. 200X and his marriage lasted for 4 months only. The girl is an arrogant and short-tempered person and did not adjust to the family. She left the home in November 200X for ever. In 200Y(after a year), she filed a complaint against my family under dowry and domestic violence act. In the meantime, she gave birth to a girl child. My family never asked for dowry and never tortured her mentally or physically but the justice is still far from us.

It took us two and a half years to get my brother’s bail finally from Supreme Court after rejection from lower court and High court. High court granted bail to my parents but not my brother. In 2009, the case in lower court started for hearing( 3 years after the case was filed!!!) It’s been 5 years and around 50 dates have happened but marginal progress has been made in the case. My mother is 68 now and father is 71. The case was filed in lower court of XXX, Punjab. My brother and my parents visit the courts on every date without any failure. ABSOLUTELY, nothing happens in 80-90% of the hearings. On the other side, the girl either doesn’t come up or intentionally come late so as to harass my family and delay the proceedings. Nearly 2 years back, the evidence process for the complainant started but when the girl realized that she had been grilled by defending lawyer in the cross-examination, she has been delaying the completion of her and her brother’s evidence proceeding. She moved few unnecessary applications in the court and a new case of Domestic violence was also filed after 5 years of filing Dowry case whereas she was not staying with my brother during this period.

On other side, Girl had filed separate case of maintenance u/s crpc. 125 in YYY lower court (Distt. XXX) in year 2007 which is nearly 300 Kms from our home town. This was again done to harass us and get the benefit of filing in separate court. Here she was getting interim maintenance of Rs. 5000/- from my brother since year 2007 and the case was finally decided in year 2012. Just to harass and pressurize my brother, she would often come to his office and keep calling his office where he was working. Due to this case, he was already under stress and was not able to focus fully on his job and on the other hand, she was also creating problems for him in the office. Then, one fine day, the organization forced him to quit his job. Now, he is jobless for last 2 years. Still, there is no respite for him in the court. The girl didn’t disclose in XXX court that she was getting maintenance from YYY court and demanded maintenance in her new filed case of Domestic violence also where the judge simply ordered awarded her maintenance of Rs. 10000/-. Now, how should my jobless brother pay this money to her? Is there anyone to bother about his miserable life and my parents problems which they are facing due to a misuse of our law by a cruel girl?

Although, I understand that it may not be mandatory for a girl to show up in court every time but doesn’t that mean that she is not at all interested in solving her case? Doesn’t that show her casual attitude towards law and that she is literally playing with it? I think court should be hard against such people who are wasting court’s time and spoiling others lives.

We are now on the verge of losing our hope in our system. I understand that Judges are also loaded with the cases but what about all those precious years of our lives which we are losing to fight a battle which we feel we don’t deserve to be punished with. Is it really wrong to expect a case to progress a little in 5 years? It will be totally acceptable if the case is progressing and We find that we will get a fair trial and not just one sided law will be forced on us. Let the RAY OF HOPE be alive in our lives. I would conclude my letter here because more I explain, more it will be cumbersome.

From the bottom of my heart, I would request you to give some attention to my issue. My parents are suffering from this issue for last 8 years and now they believe it to end with their death only. Can I as a son, see my parents happy some day? There is a girl child who is 7 years old now and has never seen her father. Her future is being spoiled in this process. Please save her future also.

 

 

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