dowry laws misuse

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”

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MR. PRIME MINISTER – Old Age parents are pleading for DEATH and your ATTENTION

Every year, thousands of senior citizens both men and women get arrested under trumped up cases of Dowry in India. At stake is their reputation, good will built over a life time in the society and worst – money they saved for old age. Their mistake in most cases is – a failed marriage of their son. In my understanding and experience of working on this issue till now, in most cases, parents have to part away with large sums to settle the case and many a times their property too. Laws and Judiciary is so biased that in order to give relief to one woman(whose claims might not be genuine at all in most cases) , lives of many is jeopardized. Here is a letter written by an old age man to the Prime Minister of India seeking some relief from immense trauma and pain because of a case filed by his daughter in law after 6 years of separation –

 

Respected Narendra Modi Sahib,

Hon’ble Prime Minister of India,

New Delhi.

SUB: APEAL FROM SENIOR CITIZENS OF YOUR COUNTRY

Respected Sir,

Every Indian is feeling proud to have you as Prime Minister of India. Everybody is expecting so much from you. It looks like Sun of injustice is going down and Sun of justice is getting heights. This time Indian people have chosen you instead of your party i.e., BJP hence it seems you will deal with the problems of the country seriously and we wish GOD will bless you with success in achieving your goals. One of the biggest problems of the country these days, is misuse of laws made for suffering and deprived women of the country. These are 498 A, Domestic Violence etc.

These laws nowadays are not used for justice, but are used to settle scores with the in laws or are commonly used to grab property of in- laws. As per court records, more than 90 % of cases are fake and are not used to address the actual problems of the family. Congress has been a threat to our culture and family values during their rule. We have lost our SANSKRITI due to Congress only. Laws were made in such a way that the family system is getting destroyed. One or all members of the families are engaged with Police or and courts these days because of misuse of these laws. These laws are being used by daughter-in-laws to grab hard earned money and property of Senior Citizens, which they have earned during the course of their lives so that they can live peacefully in old age. We feel like living in hell and no government department is helping us because of the motive of women empowerment.

We want to share our bad experiences with you in brief: Image

I am retired Govt officer, Senior Citizen (Age 67 years) and my wife, a housewife living at C 12/412, Yamuna Vihar, Delhi-53. WE have worked hard throughout our life to have a peaceful life at this age. When we are at the last stage of our life, our daughter- in- law has framed us in false/fabricated Domestic Violence case. Our elder son is serving in Indian Air Force and our daughter-in-law stayed with him wherever he went for posting. Now, since 2007 she has been staying with her parents (During Jan., 2005 to Nov.,2005 also, she stayed with her parents) and, in 2012, she filed a case for false/fabricated Domestic Violence case against us. She is doing all types of ill practices to grab our hard earned property. She is getting full support from her family members especially from her brother who is an Army Officer (Major named C_____________) This man Army Officer is threatening our fundamental rights of living, by using his designation to influence Government departments to work in his favor.

We have approached every possible offices and officials of India but none of them finds this problem big enough to look in to it. We even approached Hon’ble President of India for justice, and requested him if he cannot help us then please give us the permission for MERCY KILLING, may be that is the only way left to prove our innocence.

Laws made for woman are misused commonly these days. Even Hon’ble Supreme Court has addressed it as LEGAL TERRORISAM. Because of these laws, families in India are falling apart. People irrespective of their ages and gender are falling prey to these laws. Misuse of these laws is on the rise as a incurable disease. Suicide cases are on the rise because of this disaster. There are official datas available supporting our statements.

In the end, we request you however to please see our plight by getting the needful done. If we are found guilty, we should be punished but if we are not found guilty then our daughter in law and her family should be punished as per law. There is a serious need to take some preventive measures to stop misuse of these type of laws. Here are some suggestions from our side:

1) There has to be a control over police, they take such cases as money making machine. Harder the law more is the income. This makes misuse of law a great possibility

2) A lady can frame a whole family in 498 A and DV. If the family is not found guilty then the petitioner framing false case should be punished equally. This will encourage only genuine cases which will save time and money of the Government. This will also help inreducing misuse of the law.

3) WOMAN COMMISION should be controlled and governed by women who are living a successful family life, rather than women with disputed family background.

4) LAWS made for suffering women are making women suffer, because other than daughter- in- laws there are ladies in the family who fall prey to the ill practice. So, if we are looking for women welfare, then ladies from both ends should be considered. Definition of“deprived suffering woman” should not be taken as daughter-in-law only. It is very strange that Saas, Bhabhi, Nanand, Chachi, Mami etc. other ladies are not treating ‘MAHILA’ by anydepartment.

5) Laws should not be gender biased. Any body found guilty should be punished under provisions of laws irrespective of his caste, gender and position in society.

This letter may kindly be acknowledged and hoping to receive a constructive reply by way of actions having been taken to help Senior Citizens, under which, they have been placed by daughter-in-law and her brother Major C____________.

Thanking you,

Yours Faithfully,

Date:01.06.2014

(Shakuntla Sharma) (Devi Dayal Sharma)

Adress: C 12/412, Yamuna Vihar, Delhi-110053

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Here’s another one of the same kind where an old man pleaded for mercy killing: http://articles.timesofindia.indiatimes.com/2013-01-30/ranchi/36635451_1_dowry-case-mercy-petition-army-man

Footnote: 

Section 498A of IPC has been anointed as the most abused law in the Indian Judiciary…. Perhaps more than TADA/POTA. Supreme Court has recorded it as ‘Legal Terrorism.’ Lacs of men and their families have been ruined because of this law, as it assumes a person guilty on mere allegations by a married woman. The law has become a tool to settle scores in case of a marriage gone wrong. Old grannies, ailing fathers, children, pregnant sisters, young boys have been arrested without any iota of evidence in many cases.  More than 22 Lac people have been put behind bars in last 15 years only that includes 5 lac women. There is no other law ever in which so many women have been Jailed. Despite several observations by our HCs, SC, the law remains the same on the statute and terrorism continues. Several people have killed themselves at the altar of this law.

I am directing a documentary film – Martyrs of Marriage – documenting lives of people who have suffered at the hands of this draconian law. 

Stories shared on this blog are by victims of abuse of this law. Writer does not take any onus of authenticity of these stories. Names have been kept confidential to avoid revealing any identities. If you are a media house who wish to connect with these people, kindly write to us at martyrsofmarriage@gmail.com