Allahabad HC Quashes A 498A And Chides The Wife – 2006

Here is this judgment: Allahabad/Lucknow HC Quashed A 498A And Chides The Wife

An excerpt:

  • “The sole purpose of a novel like story evolved by the informant and recited in her First Information Report is to take a revenge with him by getting him sent to jail and further placing him in sufferings with his eventual suspension. The Courts are to protect the valuable rights of not only a wife if she is victimized and maltreated with dowry demand but also a harassed husband who is also equal in the eyes of law and if a concocted attempt as the one in hand is made to place the husband in an awkward situation, certainly the Court must come to the rescue of such a husband in humiliation.”

-Allahabad/Lucknow HC, Writ Petition MB 528 of 2005, 10/01/2006

____________________________________________

Advertisements

6 Responses to “Allahabad HC Quashes A 498A And Chides The Wife – 2006”


  1. 1 kiran sharma January 22, 2008 at 9:40 am

    Dear Sir,

    I kiran sharma request you that my brother Mandeep Sharma in introduced in a false dowary and harassment case by his wife surender sharma. She (surender sharma brother’s wife) always demands money from my brother and serves her parents always. If my brother gave some amount to my mother she (surender sharma) takes back. Whole day, my mother work as a servant. My father lives at first floor and make food himself. My mother lives on the ground floor with my brother. She always cares for her grandson (jainesh age one and half year)and loves him very much. All the work of the boy does by my mother. This story of cruelty is very long. and all the neighbours are witness of that. But in short, my mother is operated for hernia in Maharishi Balmiki Hospital. She bring to home and My brother’s wife (surender sharma) not given her a glass of water. My father took care of my mother and makes food for her. But Surender Sharma always orders my mother to clean the house. and my mother does the same. She got infection. She is again admitted to Ambedkar hospital. But infection is spreading and depriment tooks palce day by day. After that she is transfered to Ram Manohar Lohia Hospital where i took care of my mother. She is completely on bed. She died on 14th Sep.07. Surender sharma refused to give bedsheet for dead body. We were help less. Finally, Brother’s wife (Surender Sharma) ran with her elder sister (named Jinder) with cash, credit card, and jewellary). I filed a complaint against her in tilak nagar as i know she always theatnes to me. I was not going to my parents house estimated 2 years. (only on the occassion of my sister’s marriage done by me and when jainesh born.
    Now she filed a complaint against me, my brother, father, sister and relatives and friends. What should we do in this case.

    Like

  2. 2 Bappi February 27, 2008 at 9:34 am

    You Die for your Mistakes

    Like

  3. 3 Rathina Sabapathy May 26, 2008 at 11:13 am

    Yes. I too suffer from wife and in-laws threatening, who are living presently at Howrah, in a different manner on a regular basis, in order to swindle our hard-earned income and property, by misusing newly formulated laws specially designed only for women. The law makers fully forgetting the constitutions article 14 which says all men and woman are equal before law or say equality before law. This article 14 giving equal strength to man and woman but formulating new law for women so for no law formulated by the law makers for men. Why?

    Which only resulted in iron hand cuffing like a herded criminal and lying in illegal custody. I had been caught by the police on March 2006, and kept for nine days in police lockup and one day in Correctional Home, Howrah and released on bail. She filed false FIRs and filed under section 125 Cr. P.C., 498A, 406 IPC, 34, 354, 379, 506, 323, 341, 504 and section 3 & 4 of Dowry Probation Act etc. against me, my patents, brother and sister from the Court of 7th and 4th Judicial Magistrate at Howrah. Now, no one here to help me from this day to day harassment, lost couple of good jobs, running once in two months from Pudhucherry (formerly Pondicherry) to Howrah.

    The wife and her parents even not intimated him the child birth and somehow when he come to know the child birth he requested to send a snap of the child which was also not heard. For the new born the father send some gift which was also returned by the wife and her parents. Their cruelty reached at Himalayan peak when she lodged a complaint using the weapon of dowry and domestic violence act (DVA) and several other criminal section against husband and in-laws, the in-laws who never interfered her life. The question is if she really met cruelty by the hands of husband and his relatives why she had not opted to file a complaint in the jurisdiction police station which was only in walkable distance. She opted to file complaint in the Howrah police station and filed a divorce and succeeded to get an expartee decree within three months of filing which is very impossible as per marriage law. The husband had not given time to file counter or for a counseling. When husband was attending for maintenance case and came out of the court he was arrested and handcuffed and remained in the custody for eight days and ninth day presented before the judicial magistrate and then kept one day in judicial custody and latter bailed out. The wife atlest shown curtsy by not opposing the anticipatory bail of in-laws.

    The women how she forget the sweetness of togetherness, how she forget the sweet face of her husband which is now also in front of her in the form of child.

    THE MEN WAS CRUSHED IN THE HANDS OF WOMEN. The men who is a M.Sc., M.Phil., earning sufficiently was now staring the sky with no hope for justice. His parents are weeping and sister, brother still in a stage of shock.

    The reward paid by the wife to her husband is the only result of misusing of newly formulated laws. The court at Howrah which have no jurisdiction neither to try the suit for divorce nor for the criminal offence as the couple married at Pudhucherry and last resided place at Bangalore, where both of them were employed and as such alleged offence held in Bangalore. So the decree which is passed by the Howrah Court is improper and the complaint also liable to be quashed. But these all will happen in future.

    Wake and do something for men otherwise similar trouble tomorrow you also have to face. For this not only togetherness of men required but the togetherness of women also required.

    M. Rathina Sabapathy,
    Cell: 09894669932

    Like

    • 4 Ken May 3, 2013 at 4:18 am

      Hi Kiran/Rathina,

      Trust you both are doing fine now and out of all mental trauma, if not my suggestion is to accept the fact that the opposite party has no emotions and hence no emotions from your side is needed. As this will put you into more depression. Instead start dealing with the situation in an Optimistic manner. I am happy to hear that you are supporting your brother’s still and maintain unity. This is a 80% win situation by itself and never lose your confidence. Both your cases are really sad to be heard. Never have a conception in the mind that going to Jail means you are a convict. It is unfortunate situation in India that we go through a long custodial procedure before any allegations are proved. Which by itself is a flaw in the judicial system and who must be ashamed of is not you but the people who created and running such system and law. Please know that not all Lawyers and Police are bad, however we must also know the fact that it is a business net to extract money and causing humiliation to Husband’s side which is run by Women’s Organisations, Police, few bad Lawyers and Judiciary employees. So after knowing these facts we must deal with the situation carefully with patience as the proceeding is really very slow process. Also do not blame anyone from your side for this as it was not in anyone’s control and whatever happened cannot be undone.

      Other facts from opposite sides view point. When people file a case it is obvious that accused goes through suffering in any case. However when a false case is filed the person who files such case also goes through suffering as the burden of proving the allegations lies on them and it is not easy to prove false allegations. I suggest ***PLEASE HIRE A GOOD LAWYER with INTEGRITY*** that is very very important. More sections they file more tedious it would be for them to prove. Running around the courts is the worst experience, waste of time, energy, money and ultimately life. For such a false party, sooner or later they would realize this fact and feel dejected in life. Reasons: the money they get is to be shared with many people, need to lead a life with shame, guilty conscious feeling though outwardly not noticeable, shameful to face society, relatives and colleagues.

      What must the falsely accused party do all this time. Try collecting as much evidence as possible which disproves the allegations, collect information if the girl is employed and wait for the trail to happen in the court. Remember that the process could be slow but ultimately truth will always win. This is a lesson for all Girls of our nation that: if marriage is not working it is preferable to go for a mutual divorce than filling false 498a cases which is humiliation and great pain for both the parties. Also know the fact that our constitution clearly states that giving dowry is also a crime and there is an option you have to file counter criminal cases against such people through court under below sections:

      > 181. – False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation.
      > 182. – False information, with intent to cause public servant to use his lawful power to the injury of another person.
      > 191. – Giving false evidence.
      > 192. – Fabricating the false evidences.
      > 196. – Using evidence known to be false.
      > 199. – False statement made in declaration which is by law receivable as evidence.
      > 200. – Using as true such declaration knowing it to be false.
      > 203. – Giving false information respecting an offence committed.
      > 209. – Dishonestly making false claim in Court.
      > 210. – Fraudulently obtaining decree for sum not due.
      > 211. – False charge of offence made with intent to injure.
      > 321. – Voluntarily causing hurt.
      > 327. – Voluntarily causing hurt to extort property, or to constrain to an illegal act.
      > 383. – Extortion.
      > 385. – Putting person in fear of injury in order to commit extortion.
      > 499. – Defamation.
      > 503. – Criminal intimidation.

      All you need to have is confidence, courage and patience.

      Follow the Master (Good God), Face the Devil, Fight till the end and Finish the game.

      Best Regards,
      Ken
      8553503022

      Like

  4. 5 My Source July 22, 2014 at 9:12 am

    I am a gaggle involving volunteers and also starting off a fresh design in our area. Your web site provided us practical details to help work about. You’ve performed an impressive occupation in addition to our own overall class shall be thankful to your account.

    Like

  5. 6 Kavita September 17, 2014 at 3:00 pm

    Sir,
    Now a days I have experienced whether its a wife or husband, who has the power, money, no emotions and no ethics those are winning and its really sad. But don’t you think some 498 A cases are quashed on this groud evister ten those were trues. How a person be aware where to file 498 A case.Moreover, why a police register that case which is not in their judiction.

    Like


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Visitors Since Mar/14/07

  • 3,060,229

Cluster Map

Live Traffic

Archives

Top Rated Posts

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.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

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.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
October 2007
M T W T F S S
« Sep   Nov »
1234567
891011121314
15161718192021
22232425262728
293031  

%d bloggers like this: