Mumbai HC: Hubby Can Be Jailed Despite Patch-Up

The Mumbai HC may have taken the first step in the right direction of blunting this extortion racket called Sec 498A Of The IPC. A 498A wife files the case to force the hubby to settle and then prays the HC for a quash.

To understand what I am saying, read this:

The Abuse Of The Benevolence Of The Courts In 498A Cases

You can also read about this NRI doctor whose sister was jailed for a month and released after the NRI paid up the demanded cash. Indira Jaising was instrumental in getting his sister arrested.

You can read about it here: NRI doctor fleeced for 40 Lakhs

If this is not extortion, then what is ?

Here is the news article: Mumbai HC: Hubby Can Be Jailed Despite Patch-Up

Here is the 107 Page judgment:  Mumbai HC Judgement: Hubby Can Be Jailed Despite Patch-Up

Here is the graphic:

Timeline

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13 Responses to “Mumbai HC: Hubby Can Be Jailed Despite Patch-Up”


  1. 1 sanjoy paul March 13, 2008 at 8:45 am

    498A should be banned immediately. This is a blackmailing tool

    Like

  2. 2 Gope Lalwani March 13, 2008 at 3:49 pm

    498A IPC Blackmailing Tool for Extortion

    DEAR SIRS,

    WHAT HAPPENS WHEN ENTIRE POLICE AND JUDICIAL SYSTEM WORK TOGETHER IN COLLUSION
    WITH EACH OTHER AS RACKET FOR BLACK MAIL AND EXTORTION FROM FOREIGN NATIONALS
    WHO CANNOT AFFORD TO BE DETAINED IN INDIA INDEFINITELY ON NON-BAILABLE ARREST
    WARRANTS?

    HERE IS THE CASE OF POLICE AND JUDICIAL CONSPIRACY TO LOOT.

    MY WIFE AND SON, BOTH USA CITIZENS WERE ARRESTED ON JUNE 29, 2003 AT MUMBAI AIRPORT WHILE RETURNING TO USA, AFTER SHORT VISIT TO INDIA. THEY WERE JAILED
    IN NAGPADA POLICE LOCKUP FOR TWO DAYS, AND THEY WERE PREVENTED FROM CONTACTING USA CONSULATE TO SEEK HELP. THEIR USA PASSPORTS WERE SEIZED TO PREVENT THEM, ESTABLISH CONTACT WITH THE US CONSULATE IN MUMBAI.
    THEY WERE INTRODUCED TO ONE AGENT LAWYER BY POLICE; WHO NEGOTIATED RS. THREE LAKHS BEING THE PRICE FOR THE GRANT OF BAIL BY THE COURT. THE ACCUSED WERE BROUGHT BEFORE THE MAGISTRATE AT MAZGAON METROPOLITAN COURT ON JULY 01, 2003 .
    THE NAGPADA POLICE STATION FILED REMAND CUSTODY APPLICATION BEFORE THE COURT
    WHICH READS AS UNDER:-.

    Nagpada Police Station Mumbai
    Date:29-06-2003

    To.
    Metropolitan Magistrate
    15th Court,
    Mazgaon,
    Mumbai.

    Respected Sir,
    I hereby report that the complainant herein Smt. Lavina Kripalani, age 30 years, residing
    at Navjivan Society Dr. J.V.—–Road has filed her complaint with this Police Station that
    She got married in India in February 2002 and when she was in India for 15 days her
    husband Dinesh,Mother-in-law Indira Age 74 years) sister-in-law Poonam, and
    brother-in-law Girish have mentally harassed and beat the complainant and that the
    accused were frequently demanding the money saying that they did not spent money,
    gave less dowry and demanded things, beat her and mentally harassed her.

    The accused being settled in America , there also beat the complainant and demanded
    money. The complainant fed up with the mental harassment, she came back
    to India in JUNE 2002 and she filed complaint in Nagpada Police Station vide
    C.R.No. 405/2002 u/s 498A, 406, 34 of IPC and section4 of Dowry Prohibition Act.

    As the Accused, being settled in America, hence at the time of lodging the complaint,
    they could not be found in India and therefore information was given to the Airport
    Branch against the accused and their names were given to the look out cell.

    Accordingly as per the information of Airport Branch, Police of Nagpada Police Station
    were sent to Airport and from their the Accused were taken n possession and as they
    were wanted in the said offence.They were arrested on this 29th June 2003 at 10.00 hrs.

    The said Accused other relatives, sister-in-law of the complainant, father-in-law and
    brother-in-law, are to be arrested in the above said offence and to investigate the case
    and the statements of the witnesses are to be recorded.

    And therefore praying for grant of Police custody of the above said Accused.

    Yours faithfully
    Sd/-
    Assistant Police Inspector,
    Nagpada Police Station
    Mumbai.
    Round Seal Of
    Nagpada Police Station.

    (1) THE REMAND-CUSTODY APPLICATION STATES THAT …THE COMPLAINANT WAS MARRIED
    IN INDIA IN FEBRUARY 2002, AND WHEN SHE WAS IN INDIA FOR 15 DAYS, SHE WAS BEATEN
    AND MENTALLY HARASSED BY MOTHER-IN-LAW, FATHER-IN-LAW, SISTER-IN-LAW AND
    BROTHER-IN-LAW. …AND REMAINING THREE ACCUSED PERSONS WERE YET O BE ARRESTED
    TO INVESTIGATE THE CASE.
    (2) THE REMAND CUSTODY APPLICATION STATES THAT THE ACCUSED PERSONS COMMITTED
    OFFENCES IN INDIA FOR 15 DAYS IN THE MONTH OF FEBRUARY 2002 AND THERE-AFTER IN
    USA TILL JUNE 2002.
    (3) THE C.R. NO. 405/2002 REFERRED IN THE SAID POLICE REMAND APPLICATION CLEARLY
    STATES THAT NONE OF THE ACCUSED PERSONS PRODUCED BEFORE THE COURT WERE
    IN INDIA DURING THE MONTH OF FEBRUARY 2002. THE SAID C.R 405/2002 ALSO STATES
    THAT THE COMPLAINANT OBTAINED NON-IMMIGRANT VISA FRAUDULENTLY FROM USA
    CONSULATE ON 6-12-2001 AND TRAVELLED TO USA ON 9-12-2002, AND THE COMPLAINANT
    WAS IN USA FOM DECEMBER 2001 TO JUNE 2002.
    (4) THE ACCUSUD ARRESTED AND BROUGHT BEFORE THE METROPOLITAN MAGISTRATE
    MAZGAON COURT WERE NOT IN INDIA IS FURTHER CONFIRMED BY THE IMMIGRATION
    “ARRIVAL” & ” DEPARTURE” STAMPINGS ON THE PASSPORTS OF THE ACCUSED, SHOWING
    THAT NONE OF THE ACCUSED WERE IN INDIA DURING FEBRUARY 2002.
    THEREFORE THE ACCUSED COULD NOT HAVE MARRIED THE COMPLAINANT IN FEBRUARY
    2002 IN INDIA AND COMMITTED THE ALLEGED CRIMINAL OFFENCES U/S 498A, 406, 34 OF IPC AND SECTION 4 OF DOWRY PROHIBITION ACT, FOR THE PERIOD OF 15 DAYS IN THE MONTH
    OF FEBRUARY 2002 IN INDIA, AS ALLEGED BY NAGPADA POLICE STATION IN THE REMAND CUSTODY APPLICATION DATED 29.6.2003 AND FRAUDULENT PROCEEDINGS PENDING UNDER CASE NO. 631/P/2003 BEFORE MAZGAON METROPOLITAN COURT MUMBAI (INDIA).
    THE ACCUSED WHO ARE USA CITIZENS WERE ARRESTED BY THE POLICE AND THEIR USA PASSPORTS WERE SEIZED, WHICH POLICE REFUSED TO RETURN. IN SPITE OF REPEATED DEMANDS.

    THE NAGPADA POLICE STATION SUBMITTED TO THE COURT THAT THE ACCUSED WERE INDIAN CITIZENS, HOLDING INDIAN PASSPORTS AND THEY WERE WORKING IN USA AND THEY WERE HOLDING GREEN CARDS AS USA RESIDENTS. THE POLICE REQUESTED TO THE COURT TO ORDER SURRENDER OF THE INDIAN PASSPORTS AND USA GREEN CARDS FROM THE ACCUSED. THE POLICE DENIED HAVING SEIZED THE USA PASSPORTS FROM ACCUSED AND DENIED
    HAVING USA PASSPORTS IN THEIR POSSESSION.
    THE CONDITIONAL BAIL WAS GRANTED AND DETAINEES WERE RELEASED FROM POLICE JAIL CUSTODY. THE BAIL ORDER IS AS UNDER:

    BAIL ORDER

    MEMO Mumbai, Dt. 1/7/2003

    TO:
    The Inspector of Police.
    Nagpada Police Station.
    Mumbai.

    You are hereby informed that the accused No. 1 Dinesh Gop Lalwani and accused No. 2
    smt Indira Gop Lalwani who were arrested by your police station in C.R. No. 405/2002 of
    theoffence punishable U/ sec 498(a), 406, 34 I.P.C r/w 4 Dowry Act are ordered to be
    released on execution of P. R. Bond of Rs. 20,000/- each with one of sureties in the like
    amount with a condition to attend police station every day from 10.00 a.m to 12.00 noon
    until further orders.

    Accused are ordered to surrender their Passport and Green Card (in original) with I.O.

    Accused are further directed not to leave the limit of Mumbai without prior permission of
    court till further orders.

    Option of cash bail of Rs. 20,000/- each is allowed in liew of solvent surety.

    This is for your information and compliance condition.

    By order
    SD/-
    Judicial Clerk,
    Metropolitan Magistrate’s
    15th Court, Mazgaon, Mumbai.

    ACCUSED ATTENDED NAGPADA POLICE STATION EVERY DAY BETWEEN 10.00 A.M.
    TO 12.00 NOON AS ORDERED BY THE COURT. DURING THIS ARM-TWISTING OPERATION BY POLICE THE PRICE FOR RETURN OF USA PASSPORTS AND PERMISSION TO RETURN TO USA
    WAS NEGOTIATED AND RUPEES FIVE LAKHS WERE DEMANDED AND COLLECTED.
    THE COURT WAS ACCORDINGLY MOVED AND APPLICATION FOR RETURN OF USA PASSPORTS AND PERMISSION TO LEAVE INDIA WAS SUBMITTED ON 14. 7. 2003 WHICH WAS GRANTED
    BY THE COURT ON SAME DAY.
    THE PROSECUTION PROCEEDINGS BY THE MAZGAON COURT ON THE BASIS OF BOGUS POLICE
    REMAND APPLICATION DATED 29.6 2003,AND BASIS OTHER THAN THOSE CONTAINED IN ORIGINAL COMPLAINT REGISTERED UNDER THE FIR NO. 405/02 DATED 31..12.2002, AND NON-BAILABLLE ARRESTS MADE SPEAKS VOLUMES ABOUT THE NEXUS BETWEEN THE NAGPADA POLICE STATION AND THE MAZGAON COURT.
    THE ALLEGATIONS MADE BY THE COMPLAINANT IN THE SAID FIR NO.405/2002 DATED 31.12.2002, PERTAINING TO OFFENCES TAKING PLACE FOR THE PERIOD FROM NOVEMBER
    2001 TO FEBRUARY 2002 HAVE BEEN DROPPED BY THE NAGPADA POLICE STATION AFTER
    ARRESTING THE ACCUSED ON NON-BAILABLE WARRANTS, JAILING THEM FOR TWO DAYS
    IN POLICE LOCK-UP. THE CONCERNED MAGISTRATE AT MAZGAON COURT FAILED TO APPLY
    HIS MIND BEFORE PROCEEDING IN THE MATTER.
    THE METROPOLITAN MAGISTRATE, EVEN DID NOT READ AND UNDERSTAND THE CASE.
    HE SIMPLY TOOK THE TEXT FROM THE NAGPADA POLICE. THERE DOES NOT APPEAR TO BE
    A PROPER APPLICATION OF MIND AT THE STAGE OF SCRUTINY, NOR THE REQUIREMENT OF
    LAW WERE CORRECTLY AND RESPONSIBLY FOLLOWED. THEREFORE THE SAID PROSECUTION
    IS A CRIMINAL NEXUS IN BETWEEN LAW ENFORCING AGENCIES AND DELIBERATE ABUSE ,
    VIOLATION & MISUSE OF LAW AND AUTHORITY BY LAW ENFORCERS THEMSELVES.
    THE ACCUSED PERSONS WERE NOT RECOGNISED AS FOREIGN NATIONALS BY THE MAZGAON METROPOLITAN COURT, AND WERE DIRECTED TO SURRENDER THEIR INDIAN PASSPORT AND GREEN CARD (IN ORIGIN) WITH I. O. BY THE MAGISTRATE BY THE MEMO DATED 1ST JULY 2003.
    THE SAME ACCUSED WERE RECOGNISED AS USA CITIZENS BY THE SAME MAGISTRATE OF
    THE MAZGAON METROPOLITAN COURT AT MUMBAI (INDIA) REVERSING HIS OWN ORDER
    FOR SURRENDER OF (NON-EXISTING) INDIAN PASSPORTS AND USA RESIDENT GREEN CARD ,
    AND DIRECTING THE NAGPADA POLICE STATION TO RETURN THE ORIGINAL USA PASSPORTS
    BEARING NOS. 112534200 AND 95443898 UNDER NOTICE NO. 103/N/2003 and 204/N/2003 DATED
    14th JULY 2003. THE PROSECUTION ALSO WITHDREW OTHER RESTRICTIONS PUT
    ON THE ACCUSED WITHOUT ANY CHANGE IN GROUND REALITIES TAKING PLACE IN THE MATTER. THIS CASE IS ABUSE OF CRIMINAL PROCESS BY THE NAGPADA POLICE STATION AS WELL AS ABUSE OF JUDICIAL POWER BY THE CONCERNED METROPOLITAN MAGISTRATE AT MAZGAON METROPOLITAN COURT AT MUMBAI INDIA.
    THE ACCUSED GOT BACK THEIR SEIZED USA PASSPORTS AGAINST SECURITY
    PAYMENT AND LEFT INDIA ON THE SAME DAY ON 14TH JULY 2003, AFTER 15 DAYS
    OF AGONY AND EXTORTION BY THE CORRUPT INDIAN POLICE AND COURT SYSTEM.

    THE MAZGAON COURT ORDER IS AS UNDER:-

    RETURN OF PASSPORT & PERMISSION TO GO BACK TO U.S.A
    AND CANCELLATION OF ATTENDANCE.

    NOTICE NO: 103/N/2003 and Mumbai, Dated 14th July 2003.
    104/N/2003

    C.R. No. 405/2002
    M E M O:

    The Inspector of Police, Nagpada Police Station, Mumbai is hereby informed that on application made by Smt. Indira Gope Lalwani in Notice No. 103/N/2003 and Dinesh Gope Lalwani in Notice No. 104/N/2003 for return of Passport bearing No. 95443898 of U.S. Passport and Passport bearing No. 112524200 of U.S.Passport and permission to go back to U.S.A. and cancellation of attendance. The said Passports are lying in your custody. This Court has passed the following order:

    O R D E R
    “Notice No. 103/N/2003 & 104/N/2003 and prayer made therein of both
    the accused is hereby allowed. They are permitted to leave India”.

    Senior P. I. of Nagpada Police Station is hereby directed to hand over the original Passports of both applicants /accused by retaining xerox copies on record.

    Both applicant/accused are hereby directed to keep their advocate on record to present them in court on each and every date until further orders. Failing which, necessary action will be taken against both the applicant/accused.

    Applicant/Accused are hereby directed to furnish additional surety or cash security of
    Rs. 10,000/-each against receiving Passports from Nagpada Police Station.

    Applicant/Accused are permitted to go abroad for six months and directed to report t
    heir where abouts to Nagpada Police Station within that period of six months.

    “Attendance conditions imposed in bail order are vacated”.

    You are therefore directed to comply above orders.

    BY ORDER
    ROUND SEAL SD/-
    METROPOLITAN MAGISTRATE
    15th Court, Mazgaon, Mumbai.
    TO:
    The Inspector of Police
    Nagpada Police Station Mumbai.

    WHILE ISSUING ABOVE ORDER THE METROPOLITAN MAGISTRATE DID NOT EVEN REVIEW
    HIS OWN ORDERS DIRECTING POLICE TO TAKE POSSESSION OF INDIAN PASSPORTS AND USA GREEN CARDS FROM THE ACCUSED AND THE ACCERTAIN COMPLIANCES OF THE JUDICIAL ORDERS COMPLIED WITH BY THE POLICE.
    THE ABOVE ORDER OF METROPOLITAN MAGISTRATE ALSO CONFIRMS THAT THE MAGISTRATE WAS VERY WELL AWARE THAT THE ACCUSED WERE FORIGN NATIONALS
    AND THEIR USA PASSPORTS WERE IN POSSESSION OF NAGPADA POLICE, THE POSSESSION
    OF WHICH WAS FALSELY DENIEED BY THE POLICE IN THE COURT PROCEEDINGS EARLIER.

    THIS MATTER IS SIMILAR TO THAT OF AHMEDABAD MAGISTRATE ISSUING
    NON BAILABLE ARREST WARRANTS AGAINST PRESIDENT ABDUL KALAM
    AND CHIEF JUSTICE OF INDIA, WHILE ACCEPTING BRIBE FROM AGENT-LAWYER
    CAUGHT ON TAPE IN TEHLKA EXPOSE.
    THE SUPREME COURT AFTER THE EXPOSE HAD SAID THAT, “IF THIS CAN
    HAPPEN IN INDIAN COURT THEN ONLY GOD KNOWS,WHAT WILL HAPPEN TO INDIA”.
    IN THIS CASE THE JOB WAS DONE BY THE AGENT- LAWYER OF THE COURT, WHO
    ENGINEERED AND EXECUTED THE TASK OF EXTORTION PAID TO THE POLICE AND
    TO THE METROPOLITAN MAGISTRATE AT MAZGAON MUMBAI COURT INVOLVING
    LAKHS OF RUPEES FOR SECURING THE BAIL ORDER AND RETURN OF THE SEIZED USA PASSPORTS, AND PERMISSION TO LEAVE INDIA.
    THE USA CITIZENS WERE ARRESTED UNDER SECTION 498A IPC, AND PRODUCED BEFORE
    THE COURT ON FAKE-TRUMPED FALSE CHARGES OF COMMITTING CRIMINAL OFFENCES IN INDIA DURING FEBRUARY 2002, WHILE THE ACCUSED USA CITIZENS WERE NOT PHYSICALLY NOT PRESENT IN INDIA.
    THE “ARRIVAL” AND “DEPARTURE” STAMPS OF INDIAN AIRPORT IMMIGRATION ENTRIES
    ON THE PASSPORTS OF THE ACCUSED IS THE EVIDENCE OF FALSE ACCUSATIONS AND PRESENTATIONS BY THE NAGPADA POLICE, WHILE PRODUCING THE USA NATIONALS
    BEFORE THE METROPOLITAN MAGISTRATE MAZGAON COURT.
    THE FIR NO. 405/02 DATED 31.12.2002 REFFERRED IN THE SAID REMAND APPLICATION DATED
    29.6.2003 ALSO CLEARLY STATES THAT NONE OF THE ACCUSED PERSONS PRODUCED BEFORE THE METROPOLITAN MAGISTRATE MAZGAON COURT, WERE IN INDIA DURING THE MONTH OF FEBRUARY 2002.
    THE FIR 405/2002 DATED 31.12.2002 REGISTERED BY THE POLICE STATION AND REFFERED IN THE
    SAID POLICE REMAND APPLICATION, ALSO STATES THAT THE COMPLAINANT, ALLEGED VICTIM OF MARRIAGE AND FIFTEEN DAYS VICTIM OF CRUELTY IN INDIA IN THE MONTH OF FEBRUARY 2002, WAS IN USA FROM 9TH DECEBER 2001 TO 30TH JUNE 2002.

    THE POLICE CUSTODY APPLICATION—THE ORDERS PASSED BY THE MAGISTRATE —-
    SUBSEQUENTLY REVERSING HIS OWN ORDERS AND JUDGEMENT WITHOUT GIVING ANY
    REASONS—–ABUSING LEGAL PROCEDURES ARE THE TALE -TALE EVIDENCE LEAVING
    BEHIND FOOT-PRINTS AND FINGER-PRINTS OF THE CRIMINAL CODUCT, COMMITTED BY
    THE LAW-ENFORCERS THEMSELVES IN COLLUSION WITH EACH OTHER..
    ALL THE ABOVE EVIDENCE IS AIR-TIGHT FOOL-PROOF DOCUMENTARY EVIDENCE, PROVING
    CRIMINAL NEXUS IN BETWEEN CRIMINALS+POLICE+ PROSECUTOR AND METROPOLITAN
    MAGISTRATE OF MAZGAON COURT MUMBAI INDIA.

    I HAVE RAISED THIS MATTER AFTER FIVE YEARS, BECAUSE THE MATTER HAS NOW
    COME UP IN THE COURT FR FRAMING CHARGES, AND THE METROPOLITAN MAGISTRATE
    WANT PRESENCE OF ACCUSED IN HIS COURT, FOR SECOND ROUND OF BRUTALITY FOR
    EXTORTION, FAILING WHICH HE WILL CANCEL THE BAIL GRANTED BY HIM AND DECLARE
    THE ACCUSED ABSCONDING AND THEREFORE PROCLAIMED OFFENDERS, FOR POSTING THEIR
    NAMES WITH THE INTERPOL

    Like

  3. 3 M.E. Reddy March 17, 2008 at 11:22 pm

    Mr. Lalwani:

    Here are a few pointers and I hope it helps. But first, understand this is no substitute for professional legal advice. It is merely opinion – nothing more. If you decide to act or not act upon it, you do so at your own peril.

    Having said that let me offer my sincerest sympathy to you, your family, and numerous others in similar situations. Corruption in India has long since become as “Desi” as Garam Masala and Coconut Hair Oil! It’s one of our most profitable Cottage Industries! It breaks any true patriot’s heart to visualize those who gave up their lives, their blood, their ALL, for our freedom rolling in their graves, tormented at the degeneration of fundamental ethics, values which now govern our country; indeed, our very way of life. One doesn’t have to actually urinate on the graves of our martyred freedom fighters to appear treasonous, it is sufficient to merely tolerate and accept corrupt practices in silence, which is catalytic to putrifying the very core of our soul! “Each word, has an echo. So does each silence.” — Jean-Paul Sartre

    And Silence is consent.

    Yours is a typical scenario. There’s nothing really newsworthy about your story! Everyone, and I mean EVERYONE, knows the magnitude of corruption in our criminal “justice” system and polity. Many even opine that corruption is its very foundation and framework! Check out the US State Department’s Travel Advisory for India under CRIMINAL PENALTIES at: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.htm

    This slap in our face, in public, before the world community hasn’t fazed us a bit: It is evident that “Shame” is something we’ve discarded a long, long time ago! And despite overwhelming international (as well as local) adverse public opinion, only a notional showing of redress is lamely put forth. A few exposed rogue cops and other public servants convicted through trenchant journalism is no real threat to the status quo. The sad truth is, it is business as usual, regardless!

    Here’s what I’d do: Research the requirements for INTERPOL to honor a member country’s request for “Red Notice”: http://www.interpol.int/Public/ICPO/LegalMaterials/FactSheets/FS13.asp
    Next, research THE EXTRADITION ACT, 1962 * ACT NO. 34 OF 1962 [15th September 1962.] and see if your “crime” is extraditable. Research the requirement for a “Provisional Arrest Warrant” to be honored in the US (a US judge must grant your Due Process Rights before he/she agrees to co-sign it). Check whether there exists an Extradition Treaty between the US and India for your particular “offence”. If there is, than what are its requirements. Is your crime of such seriousness that India is willing to pay costs for your arrest, maintenance, custody, and transport to India? Probably BULLSHIT! Besides, the protocol for getting INTERPOL and local US law enforcement involved is riddled with extensive paperwork, tedious, and very expensive for India to afford for your chickenshit “crime”. So don’t flatter yourself. It is very doubtful whether anyone will come looking for you. As for your passport, I believe it is illegal for the courts to seize it because it is the property of the United States. So get yourself a good, ethical lawyer – the kind that won’t be bought and who won’t sell you out. Yes. There still are a few good men remaining in India. May God bless them, and empower them to sweep these corrupt maggots to where they truly belong: in the gutter.

    Good luck!

    Like

  4. 4 sudha January 31, 2011 at 5:48 am

    i need help, i m at crossroad of my life, i have been married for 13 years and have known my husband for 20 years.past 10 years i m mentally and sometime physically tortured by my husband to give in divorce as he has got into another affair with hbis own collegue.he was in USA for 4 years and had invited me to USA in year 2007 with my son.while I was in USA, 2 to 3 months things were ok and then he started torturing me mentally and physically and took away my son and moved in with his girlfriend, who had moved earlier from India to New york, i was isolated for 6 months and apparently i somehow managed to convince my husband to return to India and never returned back and he is still holding on to same grudge and meanwhile ,my husband and me got Australian PR and he moved to Australia and pacified me too to move and parelley he filed for divorce which came through but its still not legalised as i was married as per hindu law and he has to legalise in india to finalize the same as he is waiting to marry the women.I made one trip to Australia but my stay with him was not very pleasant but because of sons attachment, I agreed to move in Novemeber 2010 but to my surprize, i figured out he was womanizer and while in india for few weeks, he took womens for holidays and when i figured out his infidility, i crossed check with him but he said it wasnt my business to know what I do and that point I refused to accompany him back to Australia and now he has windup everything and has come to India to finalize the divorce but all the time he keeps my son around him and keeps poisoning him against him.my son refuses to come to me , he is 10 years old and live with his parents an d lives somewhere else and visits my sons and almost everyday takes him away from me.I am contemplating of moving to Australia as my dad is there too for past 40 years and he is renowed doctor. I want to know if, i take my son and settle in Australia, can my husband with help of legal system can get me back as i do not see any other solution than this and i dont want to divorce him and want him to suffer for mentally torturing me and taking away my sons childhood.please advise.

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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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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.

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