Swarup Sarkar DV Act Judgment 2007

Swarup Sarkar won the Domestic Violence case filed by his wife.

Here is some background information from the TOI which sheds some light on the Swarup Sarkar story:  Man complains, wife summoned over abortion

Here is the judgment: Swarup Sarkar DV Act Judgment 2007

You may also want to read this: Indira Jaising On The First Anniversary Of The “Clumsily Drafted” DV Act


22 Responses to “Swarup Sarkar DV Act Judgment 2007”

  1. 1 Ram Pawar January 3, 2008 at 4:10 pm

    Congrates Mr Swarup for the Histrolical Victory against

    Law for punishment to be made for those , who files
    faulse complaint by taking shelter with 498 A


  2. 2 SHARMA RAKESH July 21, 2008 at 5:48 pm

    3 CHEERS


  3. 3 sanjay November 20, 2008 at 4:08 am

    Dear Mr. Swarup,

    I am also suffering from my wife since last 5 years. Is there any helpline who can guide me to sort out the problem once for all.



  4. 4 ASHUTOSH TRIVEDI March 18, 2009 at 3:31 pm

    Dear Sir,
    Please save my parents.My inlaws are really harrassing us like any thing.
    behind.My wife was living with me from last 6 months , but last december I came to she has an affair with his office mate working with her in the Convergys callcentre.Now she wants to marry him and asking divorce.
    she and his parentsis spoiling my married life
    and thretning us for the divorce and bully
    us and will kill us if we will not follow there conditions.
    My father is shoked and he is in the hospital.
    Please help me out
    Thanks and Regards
    Ashutosh Trivedi


  5. 5 rajeev July 2, 2009 at 2:55 pm

    A)File RCR aginst her & mention the condition which she cannot fullfill for coming back .
    B) File 498 case against her .
    C) File theft case against her that she is taken jewellary.cash from the house ,threat to death give by her parents.
    d)Prove that she is well qualifed to earn her livehood ask court under section 24 to show her previous details educational background in case she give wrongs information then you can file under under Indian Penal Code sections 388 (extortion in the name of false prosecution), 506 (threat to life) and 34 (criminal conspiracy with common intention) ,sections 285, 389, 506 and 120 (B) of Indian Penal Code that deal with extorting money, criminal intimidation and criminal conspiracy & 423 IPC Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
    IPC : 463( Forgery for filing information), IPC :464( Making a false document )

    Most important thing as she has filed the case under IPC 125 when ever you have trial say in court you need her back (As you have already filed RCR and even mention term and conditions) and in case she is not ready to come back then you can ask her to live in shelter home aproved by Govt. where she can live free on cost and medical care is also taken care off free of cost and you are ready to pay Rs 500 per month as her personal expense .court cannot denie it .

    d) file case under IPC CRPC340
    if she file case under 498A file a case to her/family members say that under criminal idea act they have give you dowary without demanding under section dowary act .

    belive me she will be on your feets .


  6. 6 jyoti narayan rao August 6, 2009 at 8:48 am

    Dear Sir,
    My wife laodged false Fir 498A and 406 against me and my perents after that High court allow anticipatoy bail now
    my wife her parents and reletive demanding lots of money and given warning of takeing legal case IPC D.V ,125 putting false allegation.
    So please advice me how can i am safe from D.V.


  7. 7 balkrishan December 16, 2009 at 9:13 am

    my wife file dv act (498a) 2006.and doe


  8. 8 SANJAY THAPA April 14, 2010 at 3:17 pm

    let me know how to know the whereabouts of my child – parental kidnap


  9. 9 Dr. Indranil November 19, 2011 at 5:22 pm

    Mr. swarup Sarkar thanks a lot for your advice 2 1/2 yrs back.
    As per your some of your important advice I am able to
    proove in the appeal court that “she” was not a victim of
    ” Domestic Violence”. She expelled me out from my residential
    house bought by me as she threatned 498A. This was 3 1/2 yrs ago.
    In Jan 09 she hired an NGO and tried to proove me a drug addict by forcefully kidnaping me and injecting drug in my body. As I escaped narrowly by Gods Grace, “she” hired 10 hooligans, paid heavy chandas to local political parties, and attempted to murder me within my office at 11 pm. and wanted to grab all my property and 1 crore from insurance policies. I am staying in my office since 09.08.08. “She” got letters to S.P from Mahila Commision office, West Bengal Govt. that no investigation should be done in this attempt to murder case. Still I have to pay maintenance @ 35,000/- 25,000/- and now 16,000/- p.m. The final hearing of this case is fixed on 21.11.11. Calcutta High Court. Justice Kanchan Chakravorty will decide the future. I have not divorced her till now. Since the DV Act clearly states ” If there is domestic violence, …….such punishment”——– SO CAN I STILL BE PUNISHED AS THERE IS NO OCCURENCE OF DV. She does not want to stay with me but in the lower court and appeal court, 100 times I have written in the court that I wanted to stay with her.

    Dr. Indranil
    A National Award Winner doctor on Cancer Detection
    who just dont want to practice at present due to poor
    mental and physical condition.


  10. 10 gaurav kundra March 26, 2012 at 4:50 pm

    dear swaroop, watching u on tv battling on behalf of beleagured men agnst 4 women on cnn ibn. kudos to u man, u r the man,.


  11. 11 Ron March 26, 2012 at 11:16 pm

    Point of ‘spouse’ you made today was excellent!


  12. 12 sally April 8, 2012 at 6:47 am

    females harras husband for alimony.and some boys are wrong and some female are wrong.jab sex racket mein female pakdi jaati hai.wo shaadi karke alimony bhi leti hai kyunki ko experience ho jaata hai.government ko action lena chahiye.aur females ko punishment bhi deni chahiye.


  13. 13 Estela April 29, 2013 at 6:26 am

    An interesting discussion is worth comment.
    I believe that you need to publish more on this subject matter, it may
    not be a taboo subject but generally people
    do not discuss such topics. To the next! All the best!


  14. 14 vineet May 13, 2013 at 3:11 pm

    Dear Sir/Madam,

    Myself Vineet Kumar working with Adani Mundra Kutch Gujarat. My wife and my father in law have started putting false allegations on me and my parents who are not staying with us after 7 years of marriage which have completed on 30-04-2013. Before the 7 years to complete they have filed the case not the FIR yet because I Got the notice from Delhi Mediation and reconciliation centre to be present there on 22nd May and the allegations like keeping hungry from second day, torture, dowry(498a) etc. She used to beat me, fight, shouting on me so that the other people will think I am beating her when I said no to anything e.g she is fond of shopping, wandering without any reason if I said today I am tired I cant go out today then she started shouting, fighting etc and told to father false things. Her father always supported and always use bad language and threatened me that I will give you in police.
    So pls help me, after reading this


    Vineet Kumar



  15. 15 vishal bhalla July 11, 2013 at 5:38 pm

    Dear Mr.Swaroop
    We have seen your program on IBN CNN on Thursday
    How we can meet with you
    Vishal bhalla 9793699994


  16. 16 Dhwanit August 14, 2013 at 10:17 pm

    Hey Swaroop,

    I watching in IBN , Youtube , Star etc.
    Can you email me your cell number I need your help because I have same issue in out of india my wife was come back india as per her father guide her and they send me a legal summons and ask me comeback to india otherwise every month send 50 % of your salary. Current I am in work visa in Canada it’s 5 years contract with my current employer. How I can comeback to india and clear matter in legal way.


  17. 17 naveen kapoor March 18, 2014 at 11:39 am

    meri marriage 15 jan 2012 mai hui aur 5 june 2012 mai mere father expired ho gyai 24-11-2013 ko mujhe in low ki tarfh sei mara gya, 27-11-2012 ko mujh par 498a ka case ho gya jisme mai or meri mother arrest huai,mother 7th day jail mai rahi.mai 30th day jail mai rha mai 24-11-2012 to 5-12-2012 tak hospital mai admit rha. mujh par march 2013 mai 125 ka case ho gya 19-9-2013 ko mere mother expaired ho gya.meri tarfh se 307 ki complained submit hai court mai.

    so pls help me..


  18. 18 naveen kapoor March 18, 2014 at 11:41 am

    naveen kapoor -09217214655 sir pls help mi…


  19. 19 Leora May 15, 2014 at 3:59 pm

    Wow, fantastic blog layout! How long have you ever been running a blog for?
    you made blogging look easy. The entire look of your site is magnificent,
    let alone the content material!


  20. 20 Ashok June 27, 2014 at 2:08 pm

    Please sir give me your contact no to me because I am very very upset . please sir help me .
    My name is -Ashok Bansode from Maharashtra my mobile no- 9657773040 and 8275304317 please give me your contact no I am waiting ……..


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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July 2007

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