WATCH THE FULL DOCUMENTARY HERE: http://www.vimeo.com/ondemand/martyrsofmarriage
WATCH THE FULL DOCUMENTARY HERE: http://www.vimeo.com/ondemand/martyrsofmarriage
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”
Reproducing another mail sent to me by a false dowry case victim after my article on abuse of 498A on Ibn Live. This man has been fighting for 8 years. A man who spent his entire young life taking care of his responsibilities did a blunder of marrying a woman who he thought would understand her responsibilities as a daughter in law. He in fact made things clear way before getting married – but what these men fail to understand is that women ( I am a woman too) are pretty good at hiding their wicked thoughts and most of them think that once marriage is done – they could play with the mind and heart and body of the man to make them do whatever they want. I have met many who made exactly the same mistake as this man….only to realize about it after paying a huge price of a false case. Ironically these are men who are good human beings.
Here’s a candid and painful sharing by a victim of false dowry case: