arrest

A 498A Survivor : Filing divorce for Men in India is not only dangerous but outright toxic!!

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?

Arindam AcquittalA 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.

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WHATEVER HAPPENED TO “MARRIAGE IS A SACRED BOND”

Marriage & DivorceToday 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.

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TIPS FOR SURVIVAL FROM FALSE  498A

(Compiled by Aar Ess – rsjainn@yahoo.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 :

  1. Copy of complaint ,FIR & statements recorded u/s 161 CrPC .
  2. Read the FIR thoroughly . List out allegations & the sections of IPC ,stated in the FIR and start collecting evidence documents to counter them .
  3. Copy of Bail order .
  4. Copy of case file to be obtained through your Advocate .
  5. Copy of police case diary(Jimnis) , Rojnamcha for the days of regn of FIR & arrest , under RTI Act.
  6. Copies of call details of your all mobiles & land line phones for the month  when FIR was registered .
  7. To know the background of the case I.O , you may obtain copies of pending Deptt. Enquiries & held in the past against the I.O under RTI Act 2005 .   Don’t sign any confessions or statements to the police .
  8. Prepare a document covering date wise sequence of events & index of evidence documents held .
  9. To get knowledge , down load “Bare Acts” – IPC , Cr PC & Dowry Act etc Onus to prove ur innocence lies on you . Collect documentary evidences .
  10. During this period , must have some liquid cash , have sufficient talk time in your prepaid mobile and keep few sets of dresses ready and shift ur valuable articles in your bank locker . Don’t wear gold .If arrested,carry some cash with you which will help you to buy daily needs in jail .
  11. Keep stock of your daily use medicines , carry a pack of biscuits & mineral water bottle with you on ur court dates and carry only photocopies of your case documents . Your well wisher must know your whereabouts .
  12. Make a Tax Evasion Petition to the concerned CIT/ITO against your Father in Law & attach a copy of the FIR and other evidence documents .
  13. If your wife got a passport made during case litigation , you may make a complaint to the concerned Regional Passport Officer against her for suppression of facts & getting her passport impounded .

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

  1. On demand , having spent huge amount on marriage by her parents .
  2. Further demand of cash , AC , Two wheeler & a car etc.
  3. A big list of dowry articles not returned by the in-laws .
  4. Beating by husband & in-laws .
  5. Attempt to murder .
  6. Confinement .
  7. Threatening .
  8. Taunting , Abusing & ill treating etc .

D) KNOW THEM

  1. As per the allegations made in the FIR ,establish the jurisdiction of the case. Jurisdiction can be her parental place , place where marriage was held , place where demand or cause of action had occurred or place where she last resided.
  2. You know the traits of your wife , pre-empt & take safety measures.
  3. Local Police Station , the SHO , SP & DGP .
  4. An experienced Advocate .
  5. Understand the process of law .
  6. Have at least one person who can always stand by you , with whom you can confide & share your case status with him.
  7. NHRC New Delhi ,your State Lokayukta & PIOs & the Application Fee etc.
  1. Income Tax No./ward/circle of her father .
  2. Certified Hand writing expert .
  3. Know your rights in case of arrest , bail , appointing advocate & appeal etc.

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:

  1. YOUR SELF :Matrimonial biodata / Newspaper Ad , both side invitation cards , engagement & marriage photos and  video , marriage related purchase & function bills , honeymoon travel tickets & hotel bills , letters & cards etc sent by her before & after marriage , copies of her PAN card , voter card , pass port , Dr. license , bank account statement , school & college leaving / education certificates , income tax return , mobile bill , health & life insurance her medical test reports & prescription file , name & address along with  contact numbers of her close relatives , friends & employer.These documents   should be collected when she is residing with you.
  2. Retain your petrol bills , Phone / internet & news paper bills , Air / Train bus / taxi travel tickets etc and hotel stay bills , asset purchase bills & all other bills and copies of your ration card , voter I card , Dr. License and sr, citizen cards of your parents . Try to make all payments by cheques .
  3. When she is staying with you , try to obtain copies of her family ration card voter cards , bank account number , PAN & IT return of  her father property tax , light & Tel. bill copies etc.
  4. Use of RTI Act 2005 can  be made for obtaining information /documents from the PIO of the concerned Govt. Agencies including police . They may deny  information on the  plea of third party information but you can still try in the capacity of her husband or father in-law .There is nothing like success as it is self motivating .
  5. Efforts can also be made to procure documents through your connections in concerned Govt. Deptts. You can always  link , who will guide you .
  6. Proper evidence documents in your support will make your case strong against the prosecution .

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”

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.

 

 

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.