WATCH THE FULL DOCUMENTARY HERE: http://www.vimeo.com/ondemand/martyrsofmarriage
WATCH THE FULL DOCUMENTARY HERE: http://www.vimeo.com/ondemand/martyrsofmarriage
He left physiotherapy to pursue law when he understood that justice in India is meant only for women and until he knows the law, he can never rescue himself. Luckily he did rescue himself from a false dowry case when he was discharged from the fabricated case his wife filed on him. Little did he know that she will never let him be.
PS: We are doing a peace march from Arvind Bhartis home, C5/17, Yamuna Vihar to Bhajan pura police station on 23rd December, Saturday 4pm onwards. Call 9891122555 – Nitin Bharti for any query. Join if you can.
Arvind Bharti, a young lawyer from Delhi committed suicide on 15th December 2017 by jumping on rail tracks, chopped by train who was as blind and deaf to his sight as the law and police enforcement of India is for a man. These are not my words but his own that he wrote in several suicide notes he left detailing his harassment over years by his wife and in-laws even after he got divorced from her. He planned everything. Conviction to end his life arose from series of atrocities committed upon him by his wife. First a false dowry case, then several Lacs to give him a divorce, then keeping him hostage naked for four days, then alleging rape on him , then beating him up wherever she saw him, then getting him thrown out of the job wherever he went, then ensuring that he never gets married again by ruining his alliance, then telling him that his only option was to commit suicide.
He DID. Because she used to tell him that no one’s gonna listen to him. That the law is handicap in front of her and he has no choice because she won’t let him live.
He wrote how system, law, police were her puppets and he of theirs and how ending his life was the only way to come out of those clutches.
It’s been seven days since Arvind died and not even an FIR has been registered so far. He was right when he wrote that even his death won’t change much. Apart from some hindi newspapers, no other media has covered his case. No debates. No furore. No prime time shouting.
If you’re reading this and wish to get him justice, send his suicide note to Prime Minister Modi and seek an answer. Tag PMO on Twitter and demand an action. Ask our law minister if he has answer for this student of law. Ask everyone a question – IS THE LAW AND JUSTICE OF THIS COUNTRY ONLY MEANT FOR WOMEN?
Read his suicide note here:
Deepika Narayan Bhardwaj
Independent Journalist & Documentary Filmmaker
Twitter : @DeepikaBhardwaj
Today I spoke to a 72 year old retired army man who has been fighting for JUSTICE for last 13 years. His Son who was falsely accused of a dowry case died of a heart attack. A young man who could not see his parents suffering so much because of his failed marriage. This family spent 29 days in Jail. Immediately after coming out, Mr. Jain started his battle against false cases on him and his family and continues to fight til date, even though he and his family were honorably cleared of all the charges on them. He has made sure that everyone – the girl, her parents, the cops who conspired with the girl, judicial officers who lapsed in their responsibilities are brought to trial. In my conversation with him, he stressed on the fact that it’s a personal battle and no lawyer would fight your case as seriously as you can. I would be posting a detailed conversation with him later, but here’s a document that he has prepared which is extremely useful when one is fighting 498A or generally also for every man’s family in India who can be made accused in these cases with allegations FLYING IN THE AIR without ANY evidence on ground or ANY truth in them. They say marriage is a sacred bond. But in today’s time, marriage is anything but SACRED. All those who have a stable marriage (sounds such a cliche with all the compromises people make to keep it stable) must thank their stars or adjusting capabilities but the fact is – Marriage today has become highly materialistic and a bond of Convenience and Comfort. The day it comes across a rocky patch, it can Kaboom. And when that happens, BOY and his family can have it REALLY REALLY HARSH. So here’s a compilation of DO’S by this FIGHTER who despite his age is FIGHTING BACK like a young man and making sure that JUSTICE happens. What he has LOST can never come back, but he is surely an inspiration for me and I am sure would be for many!!! HATS OFF SIR.
TIPS FOR SURVIVAL FROM FALSE 498A
(Compiled by Aar Ess – firstname.lastname@example.org)
MY CASE BRIEF :- A false case u/s 323, 342 , 307 , 406 , 506 , 498 A & 120B IPC was registered by my ex daughter in-law at PS City Jind (Haryana) against me , my late son & my wife. We both are Sr. citizens , residents of Baroda & she resided in Ahmedabad (Gujarat) . We all the three were arrested from our house at Baroda by Haryana Police , handcuffed & put into the lock up cell at Jind . Truck load of our costly goods were seized & taken to Jind on the pretext of recovery of dowry articles . Our bank accounts at Baroda were frozen by the I.O. Three times police remand was taken . We remained in police / judicial custody for 29 days before getting bail from Addl. Sessions Jdge Jind. My son had to be hospitalised at Rohtak by Jind jail authorities & he first became 100 % handicapped & later died due to a cardiac arrest during the pendency of the case . Session Court Jind framed charges against us . The case was decided in our favour by Punjab & Haryana High Court on the grounds of jurisdiction & other merits .
COMPLAINTS :- There after , the complaints against the then SP Jind , case I.O and others were made to NHRC New Delhi , Lokayukta Haryana , DGP Haryana and Finacial Commissioner & principal Secretary Home Haryana etc. . Enquiries conducted by four different DSPs , one SP & an IGP confirmed that a false case was registered against my family . SP Jind was issued warning letter , DSP Jind was charge-sheeted , five annual increments of case I.O were stopped with permanent effect. Ex daughter in-law was declared as a proclaimed offender u/s 182 IPC by Jind Court . Complaints to PM , President MHA , CM Haryana , Grievance cell , State Governer & Amnesty International etc were not very effective but complaints to NHRC New Delhi , Lokayukta Haryana were effective .
COUNTER CASES :- A complaint case u/s 203 , 219 , 220 & 120B IPC was registered in Baroda Court against the then SP Jind , the case I.O , my ex daughter in-law , her mother & father and her two maternal uncles . In a separate case , her father is facing trial at Baroda in making telephonic threatening calls & charges have been framed against him u/s 387 & 506(ii) IPC. The proceedings at Baroda have started in both the cases against the accused . Against my TEP, Income tax Dept. of Ahmedabad has also attached her father’s properties .
APPROACH & PROCESS:
A). DOCUMENTS TO BE COLLECTED AFTER MARRIAGE
1. Matrimonial Biodata given by the family of the girl /copy of News paper ad.
2. Marriage invitation cards of both the families .
3. Photographs of engagement & marriage.
4. Video of engagement & marriage .
5. Copies of all marriage related purchase / Hotel bills &expenses , paid by your family . Preferably , make payments by cheques only . Even later , all your assets be purchased through your cheque or credit card & against
6. Any letters / cards sent by the girl to boy before & after the marriage .
7. Any letters & of good time , by her parents & joint photos with her .
8. Rail / Air Tickets, photos and hotel bills of the couple for their honeymoon
9. Voter I card , PAN card , Driving License , Passport and her Bank account statement immediately after the marriage .
10. Her school & college leaving certificates , educational and professional certificates .
11.Her employment details in the form of a job resume duly signed along with the last salary slip .
12. If she is employed , know her employer and friends .
13. Copy of her Income Tax return , if applicable .
14. Copy of her Mobile Bill / customer application form(CAF).
15. Maintain a diary / directory having names & addresses of her close relatives friends & employer etc with their contact numbers.
16. Keep record of registration Nos. of vehicles owned by her family & also find details of any loans taken by her father .
17.Copies of life & health insurance and property documents in her name if any
18. Her Medical treatment record after marriage .
19. Copies of Voter cards , Ration card , Property tax & light bill of her parents & IT return copy of her father for the year when she got married
20. To prove your presence/ location , you must retain all your petrol & Tel.bills, Air , Rail , Bus & taxi travel tickets , Hotel bills & passport stamping etc .
21. To avoid future implications , joint Bank account , FDs / Lockers be
22. Don’t ever accept any cheque payment from your in-laws .
23. After desertion of your wife , change your banker & mobile service provider.
24. Get a certificate from your LPG kitchen gas Co. that your kitchen has enough safety measures in case of accidental gas leakage .
25. Get a certificate from a qualified Architect that two way locks are fitted in all doors & kitchen has an open passage with out a door .
26. Copies of her E mails , letters & phone calls records .
27. When she decides to leave you & wanted to take her belongings , it will be in your interest to get a signed receipt of the items / jewellery collected by her & countersigned by her father/mother /brother etc. . A report of her desertion should be made to your local police station immediately .
28. Maintain contact with the local SP/DIG/IGP/DGP etc. & give them in writing that you fear false 498a from your wife .
29. All correspondence/letters be sent by Regd. AD / Speed Post AD . Retain the postal receipts & AD form.
30. On getting information of her filing a 498a case , avoid arrest & get Anticipatory bail for all the family members .
31. At this stage , if you have information about her filing a 498a case , you go to hiding as the process of law can start only after service of summons and or Warrants . Don’t use your mobile & hand set , switch it off . Get anticipatory bail through some good lawyer.
32. Make use of RTI Act 2005 to obtain information from Govt. Agencies.
33. Install a call ID instrument to your landline instrument & in case you get call from your FIL / MIL or BIL , register a threatening cases.
34. Be careful while talking to your in-laws / wife on phone/mobile as your call might be recorded.
35. Avoid conflicts , remain cool , positive, have courage & state facts which can be proven . Be courteous but don’t pay to police as it will not help .
36. In false cases of 498a / DV, the girl’s mother play a very negative role for various considerations including GREED .
37. Don’t become emotional & get black mailed .Work logically & systematically . Be mentally prepared for accepting the future troubles & Expenses.
38. Try to acquire knowledge about the process of law in 498a from various NGO websites , court judgements , CrPC , IPC & D V etc .
B) DOCUMENTS AFTER REGISTRATION OF FIR BY THE WIFE :
CAUTION – Don’t show or discuss ur evidence proof with the case I.O. Make sure that you have an evidence to deny each point of your opponent’s allegation / claim .
C) MOST COMMONLY USED ALLEGATIONS BY WIVES
D) KNOW THEM
U ONLY KNOW THE TRUE FACTS OF THE CASE . TAKE PAINS TO COLLECT EVIDENCE DOCUMENTS . IT IS A PROCESS & START IT NOW . DON’T GIVE UP & LOSE HEART AS THESE EVIDENCE DOCUMENTS ONLY WILL SAVE U FROM LONG TRIAL /CONVICTION.
E) SOURCE / COLLECTION OF EVIDENCE DOCUMENTS:
EMPHASIS IS MORE ON EVIDENCE AS U NEVER KNOW WHICH OF THE ABOVE DOCUMENTS WILL BRING CHEERS TO YOUR FAMILY. NO BODY ELSE CAN DO IT BETTER THAN YOURSELF.
“IT IS NEVER TOO LATE , START NOW”
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.
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:
A personal sharing from a False 498A Victim. There are lacs of families suffering from gross abuse of this law and this is how ..
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.
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,
SUB: APEAL FROM SENIOR CITIZENS OF YOUR COUNTRY
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.
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____________.
(Shakuntla Sharma) (Devi Dayal Sharma)
Adress: C 12/412, Yamuna Vihar, Delhi-110053
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
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 email@example.com