"Don't quit. Suffer now and live the rest of your life as a champion." -Muhammad Ali
Friday, 14 June 2013
Thursday, 13 June 2013
Advice to Women on IPC 498A and Domestic Violence and Maintenance Cases
This blog gets a reasonable number of hits everyday. The main goal of the blog is clearly mentioned, both in its name, and in description. However it is quite likely that some of the visitors are women who have wandered over here and have filed a complaint against husband/in-laws/relatives/children/pet dog, or intend to do so. This post is specifically meant for them.
Firstly, IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide. All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too.
Q: I want him to stay away from his parents and take a separate house, but he will not listen.
A: Maybe you do not realize that we are not living in a western country, where it is normal for individuals to live their own lives, and parents to live separately from children. Be sure that this is the same result you want from your brothers, i.e., they too should abandon parents or their wives should file 498a on them and surprise!!!, you may also get included as an accused, being relative of a husband. Or you firmly believe that when your children grow up, they are also entitled to ask you and your husband to move out since you are such a drag on their lives. Children learn from parents -- what goes around, comes around.
Q: But I need to teach a lesson to my husband, his parents etc. etc..
A: You will definitely be able to teach lesson but the results may not be what you intended. A sure separation/divorce is guaranteed in every 498a case. Be very clear if that is what you want by misusing law meant to protect women in desperate situation.
Q: I want to get a divorce and will not get one easily, so filing 498a may help me to get divorce.
A: Did it ever occur to you that laws are made in a democratic country by their elected representatives, and you are also responsible for the laws by having elected (or not voted) the lawmakers? Taking an illegal shortcut to achieve your ends may work in short term, but it may also give unintended results you did not hope for. For example, if you want to remarry after divorce, you may find out that many divorcee men do not want to marry ex-498a wives, since they fear they and their families could get hit by 498a by you after marriage. Be careful what you wish for.
On the other hand, many men have also learnt the techniques on how to survive false 498a cases, this blog is just one effort to help them fight injustice. So if you hoped for a quick divorce and fat alimony, but instead found out to be hanging around in courts with no divorce in sight, then that option of mutual consent divorce which you forego will seem like such a great idea! Alas, 498a is non-compoundable in most states, so now you got stuck.
Finally, following is official advice of Hyderabad police for women who want to file 498a. See if something is applicable for your case:
http://www.hyderabadpolice.gov.in/WomenCorner/498A.htm
Q: My husband does not listen to me, I want to file for maintenance under CrPC 125, DV Act (PWDVA) etc. because I am entitled to that as a wife. I will stay separately and enjoy the maintenance every month without having to work.
A: Surely you have been advised by some well-wishers, maybe even lawyers you approached. It reminds me of the saying: “With friends like these, who needs enemies?”. Did they not tell you that to file under DV Act, you have to allege domestic violence, so they will give you some cookie-cutter template to insert into your petition to allege things like: “I was not given food”, “I was thrown out in middle of night”, “I was locked in the bathroom by my mother-in-law”, and so on.
If any of these things are true or something similarly bad was done to you, then and then only you are eligible to file complaint under DV Act. If husband and his family have proofs otherwise, you may get nothing. Even if they are unable to prove, but you are unable to prove either, you may get a token maintenance. Did you intend to live next 30-40 years living like that? If you get remarried, then maintenance will also end. If you are capable of working, you could have a career, and earn lot more while doing something useful. But your advisers will not let you see that, they want you to believe you could get all the golden eggs by killing the hen right away. Option of filing maintenance should be used only if you cannot earn, and cannot live with husband due to his fault.
There is also a misconception being propagated that DV Act is more civil in nature, unlike 498a. So you can use DV Act to get maintenance from husband, and still continue to enjoy the status of being married (on paper at least). The problem is that you have to allege domestic violence under DV complaint, and if allegations are false, then your husband and his relatives will never trust you again in their life. A DV complaint is also a route to final divorce, just like 498a. If anyone says otherwise including your lawyer, ask them how many cases they have handled where woman and man are living happily in marriage after DV complaint was filed?
Read this post by another woman, who is happily re-married for 14 years now after becoming widow, but wants to file DV case on previous in-laws.
http://www.lawyersclubindia.com/forum/domestic-voilence-a-new-turn-26194.aspEven though she says she is living happily, probably she is not happy enough, so her ‘advisers’ will try to make her happier, but these advisers will stick around with you only so long as the going is good. And you will get dropped like a hot stone as soon as they realize that you are not going to bring much moolah for anyone.
can a widow who remarried and is living happily with her new husband with whom she has kids, can file case under D V act on her previous father in law and mother in law ,after 11 yrs of her remarriage .her first hubby died in 1993 and she got remarried in 1996, whats her locus standi
pl advice
Here is a public legal notice by a mother against her own daughter, who probably filed false complaint against her husband and got divorce. When you misuse law, you break the trust of many people, including your own blood relatives, so don’t be surprised at the results.
Source : http://nyayayodha.blogspot.in/
Various Modes to Crack 498A and Related Cases
METHOD 1. FOLLOWING THE TRIAL & PROVING INNOCENCE.
Advantages:
1. Text book method following judicial system to get the formal acquittal order.
2. Post acquittal, we can file perjury U/s 340, malicious prosecution & defamation suit, which will destroy the 498a family completely.
3. Scope for financial compensation thru defamation suit.
Disadvantages:
1.Time consuming; have to be patient with great Indian Judiciary's efficiency.
2.Will take anything between 2 7 Yrs.
3.Need to cope up half baked lawyers from both the sides.
METHOD 2. FILING COUNTER-CASES AGAINST 498a FAMILY.
Advantages:
1. By giving the same medicine to the opponents, 498a case may get over in short time.(DP3, Threatening, Cheating, 406 etc)
2. Indirect pressure can be created to the opponents, so that they will not not time to harass you more.
Disadvantages:
1.Very delicate in nature. Needs to do lot of home work & legal analysis, before retaliating with counter-cases.
2.Very Costly affair & time consuming.
3.Counter-cases may back fire, if not launched properly.
4.Some counter-cases may be of cooked nature, which will be a "misuse of law" & against our SIFF policies.
5. Has to deal with lawyers & will be another headache.
METHOD 3. COMPLAINING TO HIGHER AUTHORITIES:
Advantages:
1.Taking the case details based on merit,to higher authorities & Officers such as Human rights, DGP, Collector, Commissioner, Home Secretary, Income Tax Dept. etc, will solve the case in shorter time.
2.Cheaper mode & may close the cases in shorter time duration.(1- 6 Months)
3.Can handle without much legal aid & lawyers.
4. All the cases shall be closed in ONE GO. (498a, Divorce, Maintenance, DV etc)
Disadvantages:
1.This mode will be applicable based on 498a family & opponents profile & background.
2.Complaints have to be placed immediately after the threats & cases.
3.Government machinery may not work with expected efficiency, which may delay the process.
4. USING RTI APPLICATIONS:
Advantages:
1.Cheapest mode & consumes relatively lesser time to close the case.(4 12 Months)
2.We can screw the 498a family royally, with this "Legal Cruelty" tool.
3.May cause irretrievable damage to the opponents, apart from closure of 498a case & other related cases.
4.Can handle without legal aid & lawyers.
5.No limit & can fire numerous RTIs based on the opponents' profile.
6. Can be used against POLICE & JUDICIAL SYSTEM to create indirect pressure by exposing their law violations & atrocities.
Disadvantages:
1.498a family members or witnesses, needs to be government jobs & related activities.
2.Needs to cope up with time delay for RTI replies from govt. departments & information commission response for appeals.
3.Government machinery may not work with expected efficiency.
4.Very indirect method of attacking the opponents.
5. Needs lot of brainstorming before drafting RTI queries, to hit the Bulls' Eye.
Source : http://bok498a.blogspot.in/
Never commit suicide - Instead go and kill the problem
My advice has worked positively for few people I interacted so thought of sharing with all I can. Someone was frustrated and said “I want to commit suicide.” I suggested what I tell myself. I am very polite & soft person but not so for those who thought of hitting me.
To that person I told that you would make your enemy happy & give pain to loved ones. Look at the love in your life. This is what you accomplish with suicide.That you cannot kill himself as
1. We never see any animal doing it. Are you worse than animals?
2. Problem remains and you are gone.
3. You have not really fought like a warrior.
Now that problem has given you so much pain why are you not going to hit back at it. Hit at the problem without fear of death as you are ready to kill yourself. Let that problem kill you in this fight & this method of suicide is what I would suggest you. When you will go ahead with this attitude you will die a heroic death & not like that of a looser.
Let problem get taste of what it has given you. Let it fear you.
Now choose what you want to do.
It was surprising that people did fight this way & succeeded in killing the problem or problem had become smaller.
Go before God as warrior killed in field fighting problem & not like someone who left the battlefield.
Read “DO NOT COMPROMISE” as you should not forget that this person was once a reason for suicide. You will see that person pushing for negotiations & this is how I negotiate. NO I DO NOT DO THIS.
My advice to that person was I myself think.LIVE LIFE to see your opponent on negotiating table return empty handed.
Src : http://misuseof498alaw.blogspot.in/2011/06/never-commit-suicide-instead-go-and.html
What is actual conviction rate in 498A
Please
understand few things with reference to criminal cases and 498-A in
particular. As the saying goes Statistics tell few things, but hide a
lot more. The no of people spending time in prison may not have anything
to do with the total convictions happening in trial courts.
Most
of the times, it is not only one section of IPC that an alleged
criminal is booked. Most of the 498-A cases has another couple of
sections attached. Most of the instances these sections are 406 and 506
of IPC. And if the female is no longer alive, the sections added are
304-B, 306 etc etc.
Now
coming to the low conviction rate for 498-A alone of in conjunction
with other alleged crimes. Here are few things which should be thought
for your mind and others.
1.
For conviction to happen in lower court and the same to be sustained in
higher court in appeal, the prosecution should establish the guilt of
the accused beyond reasonable boubt. To think of reasonable doubt, see
any FIR and there are allegations abound which makes the accused look
like a dracula. The establishment of the tall story they made in FIR
through evidences is a tough task. The non-proving of the tall claims
lead to a doubt in the mind of court that the story in FIR is concocted
and untrue and which should mean acquittal. However, there have been
instances where the courts have erred and convicted an accused based on
just the testimony and doubtful evidences, the same have been acquitted
in appeal.
2.
Most of the 498-A cases are compounded/ quashed by mutual consent
before the completion of trial. As the justice delivery system is so
prolonged after the initial heal settles down or the ego of the girl's
family is satiated that they have atleast once imprisoned the boy and
his family member. The cries of compromise begins. Most don't want to
spend the lives in courts and going grey in the head. Hence a settlement
is reached. Few judges and lawyers told me that the rate of such
quashing is as high as 90-95% of total cases filed. Hence low conviction
rate is just a by-product of such settlements.
3.
Most of the cases that you read in websites etc are appeal cases. Which
means that either the appeal is made to the court of second appeal,
which is High Court (Session is often court of first appeal) or court of
last resort, which is Supreme Court. Now come to think of it, who would
go to these courts, the people who are convicted for a larger sentence
than they have already undergone. For example an accused spent 30 days
in prison before getting bail, and the court convicts him to 30 days
only. Then there is no point of that person spending another years in
courts trying to clear his name. Or a person is convicted and the judge
left him by stating, "Mr. X, you are reprimanded." or by sentencing him
till the lifting of the court.
These
kind of cases rarely come for appeal. Similarly when the conviction is
set aside by the Session Court, the appeal to High Court is unheard of.State
generally does not go in for appeal if the person is acquitted. (There
is a tendency on part of few judges to convict a person citing some
vague reason to the term already undergone so as to avoid further
litigation of defamation etc.).
Hence deducing anything from looking at cases on websites and figures of NCRB would be absurd.
And
anyways having a fear of being convicted while fighting these cases is a
recipe for disaster. I would rather say it like this, rarely an
innocent person is convicted in Indian Courts. However there are
instances when the culprits have been let loose.
And
also, to add some more, I would like to tell you that when the trial
court convicts a person for 498-A or any crime which has a punishment of
upto 3 years, it extends the bail period to enable the person to go in
for appeal. The convicted person is not remanded to custody unless he
has exhausted the option of first appeal.
Src : http://misuseof498alaw.blogspot.in/2011/06/what-is-actual-conviction-rate-in-498a.html
Parental intrusion ruining couples' marital life: Delhi high court
NEW
DELHI: The interference of parents in the married life of their
daughters has become a major cause for playing havoc with the lives
of young couples post marriage, the Delhi high court has said.
Expressing
concern over rift between couples due to parents' persistent
interference in their daughter's married life, Justice Kailash
Gambhir upheld a lower court's decree of divorce to a man on the
ground of his in-laws' frequent interference in his marital life.
Justice
Gambhir said parents should draw a line to let their daughters lead
happy married lives.
"All
parents guide, teach and discipline their daughters and are concerned
about their welfare after marriage but it is imperative for parents
to draw a line as the prime concern should be that their daughter is
happily settled in a new atmosphere at the husband's place," he
said.
But,
it should not mean day-to-day monitoring of the affairs taking place
at the matrimonial home of the daughter, he said.
Parents
should not become uninvited judges of problems of their daughter,
become an obstacle in the daughter's married life, plant thoughts in
her mind and gain control over her and promote disharmony in her
family life, the judge said.
"They
are expected to advise, support and believe in their upbringing
maintaining a discreet silence about the affairs of the matrimonial
relationship," the court said.
"The
present case is an unfortunate example where the parents of the
appellant, instead of putting out the fire have fuelled and fanned
it," the
court said, dismissing an appeal filed by the wife challenging the
lower court's order granting the man decree of divorce.
According
to the husband, the difference with his wife started a few months
after their marriage in 1990 due to frequent interference of his
in-laws.
He
alleged that he was even hit publicly by his father-in law two years
after his marriage.
Seeking
decree of divorce, he had approached the court, which allowed his
plea on the grounds of cruelty by his wife due to continuous
interference by his in-laws.
So,
Unwanted
intrusion into their children's married life create a lot of
problems leading to divorce.
Just married Have you applied for Bail by Suresh P
બેંગ્લોર નો આઈ ટી એન્જીનીયર તેના લગ્ન પછી કઈ રીતે કાયદાકીય મુશ્કેલી માં ફસાય જાય છે અને પછી કઈ રીતે પોતાની જાત ને આ કાયદાકીય ત્રાસવાદ (૪૯૮(ક) અથવા તો ૪૯૮(અ)) ના કેસ (દહેજ ની માંગણી અને શારીરિક માનસિક ત્રાસ ) ને લડવા માટે પોતાના મન ને મક્કમ કરે છે તેણી એક સચોટ આલેખન આ પુસ્તક માં કરેલ છે.
એક વાર તો વાંચવા જેવું ખરું જ .
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