WATCH THE FULL DOCUMENTARY HERE: http://www.vimeo.com/ondemand/martyrsofmarriage
WATCH THE FULL DOCUMENTARY HERE: http://www.vimeo.com/ondemand/martyrsofmarriage
He left physiotherapy to pursue law when he understood that justice in India is meant only for women and until he knows the law, he can never rescue himself. Luckily he did rescue himself from a false dowry case when he was discharged from the fabricated case his wife filed on him. Little did he know that she will never let him be.
PS: We are doing a peace march from Arvind Bhartis home, C5/17, Yamuna Vihar to Bhajan pura police station on 23rd December, Saturday 4pm onwards. Call 9891122555 – Nitin Bharti for any query. Join if you can.
Arvind Bharti, a young lawyer from Delhi committed suicide on 15th December 2017 by jumping on rail tracks, chopped by train who was as blind and deaf to his sight as the law and police enforcement of India is for a man. These are not my words but his own that he wrote in several suicide notes he left detailing his harassment over years by his wife and in-laws even after he got divorced from her. He planned everything. Conviction to end his life arose from series of atrocities committed upon him by his wife. First a false dowry case, then several Lacs to give him a divorce, then keeping him hostage naked for four days, then alleging rape on him , then beating him up wherever she saw him, then getting him thrown out of the job wherever he went, then ensuring that he never gets married again by ruining his alliance, then telling him that his only option was to commit suicide.
He DID. Because she used to tell him that no one’s gonna listen to him. That the law is handicap in front of her and he has no choice because she won’t let him live.
He wrote how system, law, police were her puppets and he of theirs and how ending his life was the only way to come out of those clutches.
It’s been seven days since Arvind died and not even an FIR has been registered so far. He was right when he wrote that even his death won’t change much. Apart from some hindi newspapers, no other media has covered his case. No debates. No furore. No prime time shouting.
If you’re reading this and wish to get him justice, send his suicide note to Prime Minister Modi and seek an answer. Tag PMO on Twitter and demand an action. Ask our law minister if he has answer for this student of law. Ask everyone a question – IS THE LAW AND JUSTICE OF THIS COUNTRY ONLY MEANT FOR WOMEN?
Read his suicide note here:
Deepika Narayan Bhardwaj
Independent Journalist & Documentary Filmmaker
Twitter : @DeepikaBhardwaj
His wife filed a criminal case on him and his elder sisters only because he sought divorce because of her unreasonable demands. He was incarcerated for 10 days because of this alleged crime. He lost his job, career and peace. But he did not relent. He fought and he won. Read the story of another man falsely accused under 498A, whose life changed forever due to law abuse. I have not mentioned the person’s name as it might affect his pending litigation adversely.
1) Share with us your case in brief. Like when did you get married, why did things fall out and reason for 498A.
I got married in February 20**. It was an arranged marriage. They responded to our advertisement in newspaper seeking a suitable match for me. My native place is located at suburban ******. My wife’s paternal house is located around 18 kms from my native place. I had been staying out of my state for last 15 years. Before marriage, I made it clear to my (would be) wife that I would remain outside my state till I take retirement from service. Simultaneously, I also requested for her passport to be made as I explained to her that during the course of my service, we may also relocate outside India. I also shared my plan that post retirement, I am definitely going to come back to my native and stay there. She did not object and was in complete agreement, throughout. We got married and after spending six days at my native, we relocated to *****, where I was posted at the point of time. We went for honeymoon and came back. Things were good till she started insisting that I should relocate to our native, close to her paternal house.
I was shocked when she said that her father has told her that after marriage husband listens to her wife and it would be easy for her to force me to relocate as per her wish. I did not agree to her proposal for obvious reasons as it did not suit my career plans. More so, I felt cheated as we frankly discussed everything before marriage and she did not object at that time. This relocation became a major point of disagreement and finally culminated into issues that lead her to file the case u/s 498a & 406 with false allegations against me and my married elder sisters.
2) Your case involves unreasonable demands by your wife. Please elaborate on that and what did you suffer as a consequence? Was there abuse and violence involved when you disagreed with her or did not bow down to her demands?
In the year 20**, the organization I was working for at that time, nominated me to work from their US office. They processed my work permit (H1 Visa) and I was supposed to relocate with my wife next year. I shared the same info with my wife. She agreed but put forward her unreasonable demand that I need to take my parents-in-law along with us. I tried to reason with her that technically it is not feasible at that point of time. However, she was adamant that either I should take my parents-in-law along with us or I should give up this opportunity. She further insisted that she is not ready to stay with me at place of my posting at that time as well if her parents don’t stay with us otherwise I must relocate to her paternal house. She was pregnant at that time and unilaterally declared that I and my family members would not be allowed to see the baby till I agree to her demands. Her parents in concurrence with her warned me that there would be legal consequences as I am spoiling their daughter’s life and my sisters’ married life shall not be spared too.
Prospect of rewarding career opportunity being vanquished in bud before it could have blossomed, imminent threat of criminal cases on self & married elder sisters that could put their family life into complete disarray and ultimate deprivation in not being allowed to see own child, made me suffer severe mental agony which is inexpressible by words.
3) Who all were implicated in your cases and what were the main allegations?
My elder sisters and I were implicated in the 498a/406 case. Both of my elder sisters were married prior to our own marriage and were settled at their matrimonial home at different cities. The allegations were like this – My elder sisters used to advise me over phone, to commit physical and mental torture on my wife and I used do such torture on her. I used to keep her confined in a room. I did not take proper care of her during pregnancy. I did not provide her with food and medicines and I did torture on her by taking her for checkup with doctor, multiple times. I used to force her do all domestic works. I did not allow her to talk to her parents over the phone. I throw water on bed and forced her to leave the bedroom.
4) Did you have to go to Jail? How did that impact you as a person?
Yes, I was taken in judicial custody. I spent 10 days in custody. It is difficult to gauge the impact though I can say for sure that something inside me changed for ever. I would not be able to get over the ignominy and social stigma of being in jail for rest of my life. My reputation, reputation of my family name got ruined.
5) Please share the absolutely bizarre things that happened in your case – any allegation or lies beyond expression…
My wife alleged that my sisters advised me to force her to go for regular medical check-up by different physicians during the period of her pregnancy and this was nothing but torture for her. Regular Medical check-up during pregnancy is normal and advised by Doctors. However, my wife alleged such check-up as torture and cruelty on her as contemplated under section 498A of the IPC. I filed for divorce from her and she alleged that such divorce petition was mental cruelty on her as contemplated under section 498A of the IPC. The right to marry or being aggrieved pray for dissolution of marriage is borne out of civil rights and cannot be construed as criminal offence but still I was charged and tried.
6) What’s your opinion on a husband filing for divorce in India? Do you think it’s highly dangerous? Does he have any options?
A husband can always file for divorce but under present legal scenario in India, he needs to realize that by doing so he is opening the flood gates of legalized harassment and extortion on him and his family members. On a counter blast he shall receive all kinds of cases, the judiciary is going to look down upon him and penalize him at every step and his woes are not going to end there. He will be alienated from his child. He may end up losing is job and further get penalized for his inability to fulfill exorbitant demands of maintenance. Filing divorce, for Men in India is not only dangerous but outright toxic. And most importantly, there is nothing like a contested divorce for Indian men. Under present family laws and related legal setup, a married Indian man is a sitting duck in case his marriage is on the rocks. It doesn’t matter if he is at fault or he isn’t. Invariably he will be considered as the perpetrator of marital violence and his wife innocent victim of such atrocities.
7) Were there any demands made by your wife to settle these cases? What were they?
Yes there were demands. I need to compromise. I need to be in control of her and her parents. I need to stay at her paternal house.
8) When did you decide that you will fight? What made you take that decision?
My wife left the matrimonial home in my absence. After giving birth to our child, she did not allow me to see the child and threatened me with more cases if I attempt to visit her and the child without agreeing to her demands. I received a severe emotional jolt that helped me firm my resolve to fight against this legal terrorism. Simultaneously, I got in touch with SIF (Save Indian Family). After talking to fellow SIFIANs, I got the courage and the resources to take on the ‘Legal Terrorists’.
9) How did you fight? Any advice you have for people who are fighting false cases?
This fight is more against self than anyone else as it is 90% mental and 10% legal. First and foremost I had to lose fear. I realized that nothing worst can happen to me. I equipped myself with legal knowledge to be in a better position to tackle and navigate through the legal cobweb. My advice would be to keep things simple. Be confident. Be fearless. The case is false and you need not to do anything but speak the truth. Rest all will be taken care.
10) You won your battle relatively quickly. How did you manage to do that. Any advice for people who also wish to get quick justice?
Before everything, I had to make up my mind that I am going to end the criminal case and not let it linger. I studied the different remedies available vis. a vis. time required and concluded to stand trial as it came out as the cheapest and quickest way to end this ordeal. As the trial commenced, I had a two pronged approach. I sought speedy trial before the Court and simultaneously worked in the background personally, to remove all the possible latches which normally is taken care by advocate’s peon or juniors. My advice to others would be having proper communication with advocate by giving clear instructions. Don’t miss court dates. Be present inside the court room and raise your concern, if any in a polite manner. It’s your case and you need to take control of it.
11) You lost your job, very precious years of your life and also opportunity abroad. Who would you blame for that? Do you think anything can makeup for that pain?
I would blame my wife’s lawyer who ill advised her to file this criminal case, the Learned Court which took cognizance without applying its judicial mind as mandated by the law. I blame the legislator of this country to frame such a law which is so easy to be misused and absolutely no consequences on misuse. I blame my wife for not being honest with her intentions before marriage. And lastly I blame myself for not being informed enough to know how easily my life can be ruined by being married under present legal system in India.
Nothing can makeup the loss I faced. But Yes my pain could have been alleviated to some extent if the court while declaring the case against me being filed with “malafide intentions” and was “abuse of the process of law”, would have also created a precedent by ordering appropriate proceedings against my wife, which would passed a message to the society that such misuse would not be tolerated in future. It would have spared a few innocent lives in the future.
12) Did the judge even after writing so clearly that the case was false, announce any punishment for your wife whatsoever?
No. No punishment was ordered for such gross abuse of the process of law.
13) Do you think that’s an injustice to you?
I would not stop at calling it injustice but it is a tight slap on the face of the judicial institution as unscrupulous people get encouraged when they observe their misdeeds getting unpunished. And honest people lose faith and respect for the institution itself.
14) Now that you have won, what are the future plans?? Have you become scared of marriage?
I have won the criminal case only. There is a pending case of maintenance and divorce. I have a child too for which I intend to seek physical custody. Winning the criminal case automatically doesn’t put a favorable end to the other cases. I need to go to each court and re-establish my innocence. Such is the system.
I may still have to end up paying maintenance to a wife who admittedly filed a false case on me.
I may still be alienated from my child without any fault of mine or the child.
I am scared and scarred. My ability to trust is the ultimate casualty. I know that all women are not at fault. But I do not know how to identify the woman who won’t misuse the benevolent provisions of law when there is absolutely no consequence for such misuse.
However, I do see some light at the end of the tunnel. My association with SIF has given me a new found purpose in life i.e. to stand by the side of the men who fall victim to such legal abuse and share my experience to help them overcome their hour of distress.
Excerpts from 498A Acquittal JUDGMENT of this 498A Survivor:
“Before parting with the instant, case it is apt to mention here that PW1 has equivocally stated in her evidence that she has lodged this case as a counter blast to the mat suit lodged by her husband. Had he not sent such notice of divorce suit she would not have lodged this case. She wish to stay with him and lead her conjugal life. Thus, in such circumstance and the poor way in which she has fared cross-examination, it appears that DC has intentionally and in a motivated way, to settle a civil dispute (divorce), abused the process of law and set the criminal law in motion against the hapless husband and his poor family members who happens to be his married elder sisters with an impression that if a person could somehow be entangled in a criminal prosecution, there is a likelihood of imminent settlement by applying pressure through criminal prosecution. This establishes the malafide intention of the DC as she lodged the police case against the accused person(s) as an alternative to be used as leverage to settle the (civil) dispute that arose with A1 seeking divorce from her. The DC has cited the divorce suit filed by the A1 as a mental cruelty u/s 498a of the IPC. A free citizen of India, enjoys a civil right to marry of his choice or being aggrieved, seek divorce through dissolution of the marriage. Such exercise of civil right to seek divorce cannot be construed as a criminal offence. Any effort to settle civil disputes (divorce) and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged. The DC has alleged cruelty done by sisters-in-law who admittedly were married prior to DC’s own marriage to A1 and were settled at their matrimonial home at Chinsurah and Jadavpur. The bald allegations made against the sister in law by the DC appeared to suggest the anxiety to rope in as many of the husband’s relatives as possible. The sisters-in-law had never lived with DC and her husband, A1. Their implication in the complaint is meant to harass and humiliate the husband’s relatives. This seems to be the only basis to file this complaint against the married sisters-in-law”
Editor’s Note: The Judge has not passed any directives for any kind of punishment/fine/ to the wife in this case or a compensation to the husband. Two women who were married had to suffer a criminal case for no fault of theirs but that also doesn’t warrant any action on the woman who filed this case. If laws are allowed to be such blatantly misused, this entire quest for equality is a fake facade.
When you fight a battle against your wife – you are not fighting her, you are fighting against an entire system that is framed against you. Here’s sharing from a man who got 498Aed in his second marriage. He did not lose despite losing his father to it. He chose to FIGHT. And he is winning it slowly. If you are fighting one of your own, read this and choose for yourself.
Disclaimer: I am not revealing the identity of this man since he is yet to win his 498A. But it’s a story worth sharing. We would bring his interview again once he wins the last leg of this battle too. We are sure he would!!
After my TEDx Talk I have been flooded with mails by victims of false dowry cases, rape cases, relationships gone bad and much more…..Here’s story of a young software engineer whose career, life, his father’s job are all at stake because he does not want to live with a woman who has caused so much misery to him and his entire family. Identity kept confidential to avoid any repercussion.
I & my wife stayed together in ****** for only 16 days after marriage. One day we had some argument because she locked my younger sister & went out for 3-4 hours while I was in office. Next day she called her brother & returned to her home.I tried to communicate her but she changed her mobile number. My parents tried to talk to them but they put some illegitimate conditions ahead of us , main of them are-
I was invited by Focus News Channel today to debate on Supreme Courts recent decision that a man’s illicit affair can not be construed as Cruelty under IPC 498A. Their cab got stuck and hence I couldn’t make it to the show (though I was connected via phone later.) Like all my debates, I had prepared some notes on this matter too and thought since I was not able to speak all, why not blog it.
SO as shared by the man’s counsel on TV – the matter relates to Rakesh Ghusabhai Chaurasia – a man not so well to do – who became a victim of LOVE. His love blossomed when he was a child, and she remained the love of his life. As destiny would have it, she got married to someone else and he to someone else too. His sweethearts marriage broke and she started meeting him again (please understand the woman comes back to him.) He falls again for her. His marriage collapses. She complains and he given in writing that he would stop meeting her. She doesn’t believe him and doubts that he is still involved. Situation worsens. He eventually confesses, he can not live without his love. She breaks down and decides to go back to her parent’s house after the festival of Holi. By this time, both of them had already started living separately in the same house. Barely 3 days before the festival, she consumes poison and ends her life. Her family complains and police files an FIR loaded with sections – 498A, 306 etc etc. Since marriage is already more than 8 years old, it doesn’t register a dowry death. Not only is the man locked up, his father, mother, his paramour, elder brother, his wife are all accused in the case. More details of the case can be filed below in the Judgment. Trial court convicts him. High Court also convicts him. SC acquits all, taking little time to realize that the HC and Trial court perhaps got swayed by emotions!
NOW – Why does this debate become important to me?
My fight in this field basically started with a similar case, opposite in gender. I was facing this woman who was adulterous and when her relationship was exposed, she cried DOWRY! When I asked lawyers/judges about what can be done in such a case, they told me “Even if a woman sleeps with another man in the house of her husband, he can barely do anything against her” I was shocked! But they told me the truth. While IT IS A CRIME for a man to venture out of his marriage, no matter how unhappy he is, no matter how abusive his wife is, no matter if his wife makes him feel like a piece of shit, no matter how arrogant his wife is, no matter how CHOKED he feels in the marriage, IT IS A MATTER OF RIGHT today for women – whether in rural pockets or urban pockets to venture out of marriage if they feel like! Reasons could be as ridiculous as her husband not earning enough but she can just do it and get away with it.
Read this: Out of all Paternity test cases conducted annually in Gujrat, in 98% cases, women fail the test!!! Which means that in 98% cases, the father is not the biological father of the child. Let me go a step ahead and confidently tell you that out of these cases 95% cases would be where husband would be facing a dowry case, domestic violence case by his wife. She would be asking for a huge settlement amount and alimony even though she is the wrong doer in the relationship. So, basically even if she has given birth to someone else’s child, there is little you can do. AND if you raise voice against it, you have DOZEN of cases waiting for you. Not only you – your entire family – because dragging someone in a dowry case/498A is as easy as saying “She/He demanded dowry from me”. You don’t need any evidence as you can read in the judgment below. The allegations on the mother and father of the man were that they snatched her salary – SO they can be 498A accused!
So, a woman who is already married, gets into a relationship with another man and has filed for maintenance from that man..instead of chiding her for indulging in adultery, the court is telling that a woman can not seek maintenance from paramour. I mean…how more ridiculous can it be?
Watch this: https://www.youtube.com/watch?v=9HndQ8w2vXU
Two men commit suicide as their wives are busy with paramours. Leave 44/42 minute suicide video telling their stories. In one case, man had earlier written to the police of mental harassment by wife, but little did the police do anything to help him. He eventually hanged himself.
IPC 497 – the law for adultery does not hold a woman guilty of adultery but instead the man who she is adulterous with as the one guilty. It doesn’t matter whether the man knew that the woman is married or not, it is HE WHO PAYS. All that a husband can do if his wife is adulterous is file for divorce on grounds of adultery which is NOTHING LESS THAN IMPOSSIBLE to be proven in the court of law. And if he objects to it, he gets several cases by wife.
Another good read on adultery by “THE ELITE WOMEN” who are cozying upto and running away with their gym instructors, taking huge PAYOUT as well.
Have a good laugh reading this too: http://timesofindia.indiatimes.com/city/hyderabad/Teacher-dupes-married-woman/articleshow/46293026.cms A married woman leaves her husband and kids and runs away with her lover and then later gets him only arrested. I MEAN …what the HECK!
Lemme add some spice to all this. WOMEN ORGANIZATIONS have now demanded that whether the child is born from the wedlock or outside the wedlock, a husband MUST pay for the CHILD. This demand is a part of the amendments to the domestic violence act.
When a man is adulterous, WOMEN label him cheap, sick, irresponsible, pervert, womanizer, bastard and much more. His wife is treated as the biggest victim and most women organizations ask such women to file several cases on him and “TEACH HIM A LESSON”
But when a woman is adulterous, even then it is a MAN’S FAULT. He must have been a psycho, alcoholic, wife beater, sexual assaulter or Impotent, stingy, leech that his woman went to another man.
When a woman is adulterous, it’s earth shattering for a man. When a man is adulterous, it’s emotional trauma for a woman. Still, laws have absolutely no concern for men whose wives cheat on them. A woman should NEVER BE PUNISHED come what may. She is always treated that gullible doll who is such a victim of circumstances.
IF THIS IS NOT GENDER BIAS WHAT IS?
If this wasn’t enough, I am now coming across cases almost on a daily basis where wives have got their husbands murdered with help of their paramours. A simple google search of #HusbandMurder or #CrimeAgainstMen would take you to recent such cases that I have tweeted. I know of a sister whose brother was killed barely a month after his marriage by his wife and her paramour. His head smashed while his wife dropped crocodile tears at home.
The ANCHOR on the show kept discussing if this SC verdict would give a free hand to married men to be adulterous. I beg to ask her – which court verdict told women that they can go and indulge in adultery? Why is it presumed that men want nothing in life – a peaceful home/family/children/decent job – but WOMEN ONLY? Why is it presumed that if laws weren’t there all that men on this earth would be doing is go around and have SEX?
Why is it that a man is called Sexual Pervert if he goes around and gets laid while a woman is called Sexually Liberated if she is getting laid?
The BIGGEST QUESTION OF ALL – WHY IS IT THAT A MAN’S ENTIRE FAMILY IS TAGGED CRIMINAL IF HE HAS “ALLEGEDLY” DONE SOMETHING WRONG? I have never seen police registering case against entire family and relatives of a woman if she has gone wrong in a marital relationship. THEN WHY ARE MEN AND THEIR ENTIRE FAMILIES BEING VICTIMIZED?
To end this note, before the judgment begin, know that this entire family has been doomed for life. All family members were incarcerated for long before getting out on Bail. They had to leave their home. They had to become NOMADS. Now, they would be starting their life from scratch. WHY – because a WOMAN DIED!
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 262 OF 2009
Ghusabhai Raisangbhai Chorasiya & Ors. … Appellants
State of Gujarat … Respondent
J U D G M E N T
Dipak Misra, J.
The present appeal, by special leave, is directed against the
judgment of conviction and order of sentence passed by the High Court of
Gujarat at Ahmedabad in Criminal Appeal No. 444/2005 whereby the
Division Bench has affirmed the conviction recorded by the learned
Additional Sessions Judge, Jamnagar, who had found the appellants guilty
of the offences punishable under Section 498A, 306, 201 and 114 of the
Indian Penal Code, 1860 (‘IPC’ for short) and sentenced Ghusabhai
Raisinghbhai Chorasia, appellant no.1 to suffer five years imprisonment,
Rakesh Ghusabhai Chorasia, appellant no.2 to suffer rigorous
imprisonment for seven years and to pay a fine of Rs.500/- with a
default clause and other accused persons, namely, Bakuben W/o Ghusabhai
Chorasia and Jasuben @ Gaduben Rakeshbhai, appellant nos. 3 and 4 herein
to suffer rigorous imprisonment for three years and to pay fine of
Rs.250/- with a default clause under Section 306 IPC. That apart,
separate sentences were imposed under Section 498A and 201 with the
stipulation that all the sentences would run concurrently. Be it noted,
the appellants were tried along with two other accused persons, namely,
Sangitaben w/o. Vijaybhai and Vijay Ghusabhai Chorasia who were
acquitted by the learned trial Judge. It is also apt to note here that
the State had also preferred two criminal appeals, one for enhancement
of sentence and the other challenging the acquittal of the other two
accused persons and both the appeals were dismissed along with the
appeal filed by the appellants in a common judgment.
2. The prosecution case, bereft of unnecessary details, is that the
marriage between the deceased Biniben and Rakesh was solemnized
approximately eight years before the date of occurrence, i.e. 4.3.2004.
As put forth by the prosecution, Rakesh, husband of the deceased, had
illicit relationsHIP with Jasuben, a divorcee. Despite the said
situation two children were born in the wedlock but the compatibility
between the husband and wife and the harmony of family life could not be
sustained. When the first child was three months old, the deceased was
driven out by her husband and she came to her parental home and stayed
there for sometime. After the intervention of the elders and relatives
a settlement was arrived at and thereafter she came to stay in her in-
laws house. It was the further case of the prosecution that the husband
was keen in his extra-marital affair and that had led to more marital
discord and bitterness. The in-laws, as alleged, used to take away the
income earned by her. A time came when she was compelled to stay on the
terrace of the house where she committed suicide on 4th of March, 2004.
3. As the case of the prosecution further gets uncurtained, the dead
body was cremated without informing the parents of the deceased and the
factum of the death was reported by the father-in-law of the deceased on
14th of March, 2004 and eventually the mother of the deceased came to
know about the death on 17th of March, 2004 and thereafter reported at
the Police Station in Jamnagar. After the criminal law was set in
motion, the investigating agency proceeded with the investigation and
recorded the statements of 25 witnesses and eventually placed the charge-
sheet under Sections 498A, 306 and Section 201 read with Section 114 of
the Indian Penal Code, before the competent court. After the charge-
sheet was filed, the learned Magistrate committed the matter to the
Court of Session.
4. The accused persons abjured their guilt and wanted to be tried.
5. During the trial, the prosecution in order to establish the
charges levelled against the accused persons, examined 25 witnesses and
exhibited certain documents.
6. The learned trial Judge placing reliance on the ocular as well as
the documentary evidence came to hold that four accused persons, namely,
father-in-law A-1, husband A-2, mother-in-law A-3 and the woman with
whom the husband was having illicit relationship, A-4, guilty of the
offences. However, the trial Judge acquitted the elder brother of the
husband and his wife for lack of evidence.
7. Being dissatisfied with the aforesaid judgment of conviction and
order of sentence, the accused filed Criminal Appeal No. 444 of 2005.
As stated earlier, the State preferred Criminal Appeal No. 2408 of 2005
for enhancement of sentence and Criminal Appeal No. 2410 of 2005
assailing the judgment of the acquittal of two accused persons.
8. The High Court appreciating the evidence brought on record,
declined to interfere in the appeals preferred by the State and
resultantly all the appeals stood dismissed.
9. Be it noted, the principal witnesses on whom the prosecution
relied are Dakshaben Shantilal Shah, PW-9, a social worker at Vikas
Vidhyalay (Vadhvan), Miraben Devsinhbhai, PW-21, sister of the deceased,
Champaben Devsinhbhai, PW-18, mother of the deceased, Kanaiyabhai
Devsinhbhai, PW-19, brother of the deceased and Natubhai Hirabhai, PW-
17, Sarpanch of village Rajsitapur.
10. Accused persons in their statements recorded under Section 313
took the plea that there was a divorce between the deceased and the
accused No. 2, her husband; that she was staying on the terrace of the
house; that she committed suicide by consuming poison; and that the
accused persons had no role in it. The defence, to substantiate its
plea, examined one witness and got two documents exhibited.
11. We have heard Mr. Harish Raichura, learned counsel for the
appellants and Mr. Anurag Ahluwalia, learned counsel for the State.
12. On a careful scrutiny of the findings of the learned trial Judge
and that of the High Court, it is noticeable that both the Courts have
found that cruelty, as alleged by the prosecution under Section 498A IPC
was established as a result of which the deceased committed suicide. It
is quite clear from the findings and evidence on record that there was
no demand of dowry. The learned trial Judge as well as the High Court
has proceeded on the base that there was cruelty as per the first limb
of Section 498A IPC.
13. The singular issue that requires to be scrutinized is whether
there was such cruelty by the husband and his relations that could have
driven the deceased to commit suicide. The stand of the accused
persons, as has been indicated hereinabove, was that the husband had
already divorced the deceased and she was staying on the terrace. On a
proper x-ray of the material brought on record, it is manifest that the
prosecution has brought on evidence, three documents, exhibits 65 to 67,
on record to show that there was divorce. The sister of the deceased,
Miraben Devsinhbhai, PW-21, has categorically deposed that she had
talked to the deceased on telephone before her death and the deceased
had told her that there has been a divorce between her husband and
herself and she was staying on the terrace of the house and will leave
for the parental home after the ‘Holi’ festival.
14. The documents that have been produced by the prosecution, namely,
Exhibits 67 to 69 have not been believed by the learned trial Judge as
well as the High Court on the ground that there is some unacceptable
15. At this juncture, it is appropriate to mention that the Holi
festival in the said year fell on 6.3.2004 and the occurrence took place
on March 4, 2004. It is also noticeable that the sister of the deceased
had volunteered to speak about the conversation of divorce. The
document shows that there was a divorce as per the customs. There is
material on record to show that she was staying on the terrace. In this
factual backdrop what is to be seen is whether there has been a cruelty
which compelled her to commit suicide. In this regard, we may
fruitfully refer to Section 498A of the IPC, which reads as under:
“498A. Husband or relative of husband of a woman subjecting her to
cruelty.-Whoever, being the husband or the relative of the husband of
a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also
be liable to fine.
Explanation.-For the purpose of this section, “cruelty” means-
(a) any wilful conduct which is of such a nature as is likely to drive
the woman to commit suicide or to cause grave injury or danger to
life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to
coercing her or any person related to her to meet any unlawful demand
for any property or valuable security or is on account of failure by
her or any person related to her to meet such demand.”
16. This Court in Girdhar Shankar Tawade V. State of Maharashtra,
examining the scope of 498A, has observed thus:
“The basic purport of the statutory provision is to avoid “cruelty”
which stands defined by attributing a specific statutory meaning
attached thereto as noticed hereinbefore. Two specific instances have
been taken note of in order to ascribe a meaning to the word “cruelty”
as is expressed by the legislatures: whereas Explanation (a) involves
three specific situations viz. (i) to drive the woman to commit
suicide or (ii) to cause grave injury or (iii) danger to life, limb or
health, both mental and physical, and thus involving a physical
torture or atrocity, in Explanation (b) there is absence of physical
injury but the legislature thought it fit to include only coercive
harassment which obviously as the legislative intent expressed is
equally heinous to match the physical injury: whereas one is patent,
the other one is latent but equally serious in terms of the provisions
of the statute since the same would also embrace the attributes of
“cruelty” in terms of Section 498-A.”
17. In Gurnaib Singh V. State of Punjab, while analyzing the
aforesaid provision, it has been opined that Clause (a) of the
Explanation to Section 498A IPC defines cruelty to mean “any willful
conduct which is of such a nature as is likely to drive the woman to
commit suicide”. Clause (b) of the Explanation pertains to unlawful
demand and Clause (a) can take in its ambit mental cruelty.
18. From the aforesaid authorities it is quite clear that the first
limb of Section 498A, which refers to cruelty, has nothing to do with
demand of dowry. In the present case, in fact, there is no demand of
dowry. If the evidence is appropriately appreciated, the deceased was
pained and disturbed as the husband was having an illicit affair with
the appellant no.4. Whether such a situation would amount to cruelty
under the first limb of Section 498A IPC is to be seen. A two-Judge
Bench of this Court in Pinakin Mahipatray Rawal V. State of Gujarat,
while dealing with extra marital relationship, has held thus:
“Marital relationship means the legally protected marital interest of
one spouse to another which include marital obligation to another like
companionship, living under the same roof, sexual relation and the
exclusive enjoyment of them, to have children, their upbringing,
services in the home, support, affection, love, liking and so on.
Extramarital relationship as such is not defined in the Penal Code.
Though, according to the prosecution in this case, it was that
relationship which ultimately led to mental harassment and cruelty
within the Explanation to Section 498-A and that A-1 had abetted the
wife to commit suicide.”
xxxxx xxxxx xxxxx
“We are of the view that the mere fact that the husband has developed
some intimacy with another, during the subsistence of marriage and
failed to discharge his marital obligations, as such would not amount
to “cruelty”, but it must be of such a nature as is likely to drive
the spouse to commit suicide to fall within the Explanation to Section
498-A IPC. Harassment, of course, need not be in the form of physical
assault and even mental harassment also would come within the purview
of Section 498-A IPC. Mental cruelty, of course, varies from person to
person, depending upon the intensity and the degree of endurance, some
may meet with courage and some others suffer in silence, to some it
may be unbearable and a weak person may think of ending one’s life.
We, on facts, found that the alleged extramarital relationship was not
of such a nature as to drive the wife to commit suicide or that A-1
had ever intended or acted in such a manner which under normal
circumstances, would drive the wife to commit suicide.”
The Court further proceeded to state:
“Section 306 refers to abetment of suicide. It says that if any person
commits suicide, whoever abets the commission of such suicide, shall
be punished with imprisonment for a term which may extend to 10 years
and shall also be liable to fine. The action for committing suicide is
also on account of mental disturbance caused by mental and physical
cruelty. To constitute an offence under Section 306, the prosecution
has to establish that a person has committed suicide and the suicide
was abetted by the accused. The prosecution has to establish beyond
reasonable doubt that the deceased committed suicide and the accused
abetted the commission of suicide. But for the alleged extramarital
relationship, which if proved, could be illegal and immoral, nothing
has been brought out by the prosecution to show that the accused had
provoked, incited or induced the wife to commit suicide.”
19. After holding as aforesaid, the Court found on facts and
especially referring to suicide note that one can infer that the
deceased was so possessive of her husband, and was always under an
emotional stress that she might lose her husband and that apart she had
exonerated the husband and accordingly it would not come within the
scope and ambit of Section 306 IPC.
20. Coming to the facts of the present case, it is seen that the
factum of divorce has not been believed by the learned trial Judge and
the High Court. But the fact remains is that the husband and the wife
had started living separately in the same house and the deceased had
told her sister that there was severance of status and she would be
going to her parental home after the ‘Holi’ festival. True it is, there
is some evidence about the illicit relationship and even if the same is
proven, we are of the considered opinion that cruelty, as envisaged
under the first limb of Section 498A IPC would not get attracted. It
would be difficult to hold that the mental cruelty was of such a degree
that it would drive the wife to commit suicide. Mere extra-marital
relationship, even if proved, would be illegal and immoral, as has been
said in Pinakin Mahipatray Rawal (supra), but it would take a different
character if the prosecution brings some evidence on record to show that
the accused had conducted in such a manner to drive the wife to commit
suicide. In the instant case, the accused may have been involved in an
illicit relationship with the appellant no.4, but in the absence of some
other acceptable evidence on record that can establish such high degree
of mental cruelty, the Explanation to Section 498A which includes
cruelty to drive a woman to commit suicide, would not be attracted.
21. Presently, adverting to the involvement of the other accused
persons, that is, appellant nos. 1, 3 and 4, we find that there is no
allegation of any kind of physical torture. The evidence brought on
record against them with regard to cruelty is absolutely sketchy and not
convincing. It has been alleged that the mother-in-law used to rob her
money which she earned as wages. The said fact has really not been
established. As far as appellant no. 4, Jesuben, is concerned, there is
only one singular allegation that at one public place, i.e. in a ‘mela’,
she had threatened the deceased that she would be divorced by her
husband. On the basis of the said evidence, it is difficult to sustain
the conviction under Sections 306 and 498A IPC. Once we are holding
that the accused-appellants are not guilty of the offence under Section
306 and 498A IPC, the conviction under Section 201 IPC is also not
22. In view of the aforesaid analysis, the appeal is allowed, the
conviction and sentence of all the appellants are set aside. As they
are on bail, they be discharged of their bail bonds.
[SUDHANSU JYOTI MUKHOPADHAYA]
FEBRUARY 18, 2015.
 (2002) 5 SCC 177
 (2013) 7 SCC 108
 (2013) 10 SCC 48
Today I spoke to a 72 year old retired army man who has been fighting for JUSTICE for last 13 years. His Son who was falsely accused of a dowry case died of a heart attack. A young man who could not see his parents suffering so much because of his failed marriage. This family spent 29 days in Jail. Immediately after coming out, Mr. Jain started his battle against false cases on him and his family and continues to fight til date, even though he and his family were honorably cleared of all the charges on them. He has made sure that everyone – the girl, her parents, the cops who conspired with the girl, judicial officers who lapsed in their responsibilities are brought to trial. In my conversation with him, he stressed on the fact that it’s a personal battle and no lawyer would fight your case as seriously as you can. I would be posting a detailed conversation with him later, but here’s a document that he has prepared which is extremely useful when one is fighting 498A or generally also for every man’s family in India who can be made accused in these cases with allegations FLYING IN THE AIR without ANY evidence on ground or ANY truth in them. They say marriage is a sacred bond. But in today’s time, marriage is anything but SACRED. All those who have a stable marriage (sounds such a cliche with all the compromises people make to keep it stable) must thank their stars or adjusting capabilities but the fact is – Marriage today has become highly materialistic and a bond of Convenience and Comfort. The day it comes across a rocky patch, it can Kaboom. And when that happens, BOY and his family can have it REALLY REALLY HARSH. So here’s a compilation of DO’S by this FIGHTER who despite his age is FIGHTING BACK like a young man and making sure that JUSTICE happens. What he has LOST can never come back, but he is surely an inspiration for me and I am sure would be for many!!! HATS OFF SIR.
TIPS FOR SURVIVAL FROM FALSE 498A
(Compiled by Aar Ess – email@example.com)
MY CASE BRIEF :- A false case u/s 323, 342 , 307 , 406 , 506 , 498 A & 120B IPC was registered by my ex daughter in-law at PS City Jind (Haryana) against me , my late son & my wife. We both are Sr. citizens , residents of Baroda & she resided in Ahmedabad (Gujarat) . We all the three were arrested from our house at Baroda by Haryana Police , handcuffed & put into the lock up cell at Jind . Truck load of our costly goods were seized & taken to Jind on the pretext of recovery of dowry articles . Our bank accounts at Baroda were frozen by the I.O. Three times police remand was taken . We remained in police / judicial custody for 29 days before getting bail from Addl. Sessions Jdge Jind. My son had to be hospitalised at Rohtak by Jind jail authorities & he first became 100 % handicapped & later died due to a cardiac arrest during the pendency of the case . Session Court Jind framed charges against us . The case was decided in our favour by Punjab & Haryana High Court on the grounds of jurisdiction & other merits .
COMPLAINTS :- There after , the complaints against the then SP Jind , case I.O and others were made to NHRC New Delhi , Lokayukta Haryana , DGP Haryana and Finacial Commissioner & principal Secretary Home Haryana etc. . Enquiries conducted by four different DSPs , one SP & an IGP confirmed that a false case was registered against my family . SP Jind was issued warning letter , DSP Jind was charge-sheeted , five annual increments of case I.O were stopped with permanent effect. Ex daughter in-law was declared as a proclaimed offender u/s 182 IPC by Jind Court . Complaints to PM , President MHA , CM Haryana , Grievance cell , State Governer & Amnesty International etc were not very effective but complaints to NHRC New Delhi , Lokayukta Haryana were effective .
COUNTER CASES :- A complaint case u/s 203 , 219 , 220 & 120B IPC was registered in Baroda Court against the then SP Jind , the case I.O , my ex daughter in-law , her mother & father and her two maternal uncles . In a separate case , her father is facing trial at Baroda in making telephonic threatening calls & charges have been framed against him u/s 387 & 506(ii) IPC. The proceedings at Baroda have started in both the cases against the accused . Against my TEP, Income tax Dept. of Ahmedabad has also attached her father’s properties .
APPROACH & PROCESS:
A). DOCUMENTS TO BE COLLECTED AFTER MARRIAGE
1. Matrimonial Biodata given by the family of the girl /copy of News paper ad.
2. Marriage invitation cards of both the families .
3. Photographs of engagement & marriage.
4. Video of engagement & marriage .
5. Copies of all marriage related purchase / Hotel bills &expenses , paid by your family . Preferably , make payments by cheques only . Even later , all your assets be purchased through your cheque or credit card & against
6. Any letters / cards sent by the girl to boy before & after the marriage .
7. Any letters & of good time , by her parents & joint photos with her .
8. Rail / Air Tickets, photos and hotel bills of the couple for their honeymoon
9. Voter I card , PAN card , Driving License , Passport and her Bank account statement immediately after the marriage .
10. Her school & college leaving certificates , educational and professional certificates .
11.Her employment details in the form of a job resume duly signed along with the last salary slip .
12. If she is employed , know her employer and friends .
13. Copy of her Income Tax return , if applicable .
14. Copy of her Mobile Bill / customer application form(CAF).
15. Maintain a diary / directory having names & addresses of her close relatives friends & employer etc with their contact numbers.
16. Keep record of registration Nos. of vehicles owned by her family & also find details of any loans taken by her father .
17.Copies of life & health insurance and property documents in her name if any
18. Her Medical treatment record after marriage .
19. Copies of Voter cards , Ration card , Property tax & light bill of her parents & IT return copy of her father for the year when she got married
20. To prove your presence/ location , you must retain all your petrol & Tel.bills, Air , Rail , Bus & taxi travel tickets , Hotel bills & passport stamping etc .
21. To avoid future implications , joint Bank account , FDs / Lockers be
22. Don’t ever accept any cheque payment from your in-laws .
23. After desertion of your wife , change your banker & mobile service provider.
24. Get a certificate from your LPG kitchen gas Co. that your kitchen has enough safety measures in case of accidental gas leakage .
25. Get a certificate from a qualified Architect that two way locks are fitted in all doors & kitchen has an open passage with out a door .
26. Copies of her E mails , letters & phone calls records .
27. When she decides to leave you & wanted to take her belongings , it will be in your interest to get a signed receipt of the items / jewellery collected by her & countersigned by her father/mother /brother etc. . A report of her desertion should be made to your local police station immediately .
28. Maintain contact with the local SP/DIG/IGP/DGP etc. & give them in writing that you fear false 498a from your wife .
29. All correspondence/letters be sent by Regd. AD / Speed Post AD . Retain the postal receipts & AD form.
30. On getting information of her filing a 498a case , avoid arrest & get Anticipatory bail for all the family members .
31. At this stage , if you have information about her filing a 498a case , you go to hiding as the process of law can start only after service of summons and or Warrants . Don’t use your mobile & hand set , switch it off . Get anticipatory bail through some good lawyer.
32. Make use of RTI Act 2005 to obtain information from Govt. Agencies.
33. Install a call ID instrument to your landline instrument & in case you get call from your FIL / MIL or BIL , register a threatening cases.
34. Be careful while talking to your in-laws / wife on phone/mobile as your call might be recorded.
35. Avoid conflicts , remain cool , positive, have courage & state facts which can be proven . Be courteous but don’t pay to police as it will not help .
36. In false cases of 498a / DV, the girl’s mother play a very negative role for various considerations including GREED .
37. Don’t become emotional & get black mailed .Work logically & systematically . Be mentally prepared for accepting the future troubles & Expenses.
38. Try to acquire knowledge about the process of law in 498a from various NGO websites , court judgements , CrPC , IPC & D V etc .
B) DOCUMENTS AFTER REGISTRATION OF FIR BY THE WIFE :
CAUTION – Don’t show or discuss ur evidence proof with the case I.O. Make sure that you have an evidence to deny each point of your opponent’s allegation / claim .
C) MOST COMMONLY USED ALLEGATIONS BY WIVES
D) KNOW THEM
U ONLY KNOW THE TRUE FACTS OF THE CASE . TAKE PAINS TO COLLECT EVIDENCE DOCUMENTS . IT IS A PROCESS & START IT NOW . DON’T GIVE UP & LOSE HEART AS THESE EVIDENCE DOCUMENTS ONLY WILL SAVE U FROM LONG TRIAL /CONVICTION.
E) SOURCE / COLLECTION OF EVIDENCE DOCUMENTS:
EMPHASIS IS MORE ON EVIDENCE AS U NEVER KNOW WHICH OF THE ABOVE DOCUMENTS WILL BRING CHEERS TO YOUR FAMILY. NO BODY ELSE CAN DO IT BETTER THAN YOURSELF.
“IT IS NEVER TOO LATE , START NOW”