498A

Acquittal After EIGHT YEARS!!!! Who pays for HIS LIFE RUINED? Who punishes for the LIES?

He has been acquitted of a CRIME he never COMMITTED. His children are a testimony to his innocence. Because of one vengeful woman, a man has been completely ruined – stripped off his dignity, his parent’s dignity, peace of his life above all TIME that he would never get back EVER. Father of three children, son of aged parents, a MAN, a FATHER, a SON – his pain is never talked about or discussed in this heightened atmosphere of WOMEN SAFETY.

While media goes MAD after every report of a dowry case, or a dowry death case, ACQUITTALS are not a charm for anyone. Shame on media that has propagated so many LIES in the eyes of Public that everyone around the world thinks that my country doesn’t have MEN but DEMONS as Men who are out there preying on women as if they have absolutely nothing else to do.

Anyways,

Read up the Judgment. Read THE BLATANT LIES TOLD.

Read how Justice Shiv Narayan Dhingra and his judgments still are GOLDEN WORDS written for innocents in these cases.

Read how a man and his family has been thrown out of their own home as the woman has control over matrimonial home.

Read how a man is taking care of his children along with his mother.

READ HOW OUR LAWS hold no authority to punish or even scold a woman for being such a WRECK.

Read how LIES are told in 498A FIRs – concoction by the lawyers – to the extent that they write the woman’s parents gave 60,000 to the man despite the fact that her parents were DEAD at that time. Read how a family that merely earned 2300-3000 rupees claimed that they spent 6 lac rupees on wedding.

READ READ READ and PITY our LAW MACHINERY. Here’s a PDF attached of the Judgment, Click on the link below:

Sunder Lal Acquittal 8 years

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.

 

 

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.

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 o

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.