Archive for the '498A Consequences' Category

A Pune Techie Lands In The 498A Morass Of Her Creation

Posting it after getting permission from the original contributor:

Dear Friends,

Here is a complete story about a Pune Techie who caught in a Cobweb wooven by herself against her husband & in-laws. If even one member of the community could take benefit from this story, it will minimize my woes and pains which I suffered becoze of the false case.

A Pune techie tried to lodge a false 498a case against her husband & in laws at Police Post: Aundh of PS: Chaturshringhi Pune on 17/06/08 around 1.30pm but as per the police it was prima facie a minor tut u mein mein between the husband & wife & recorded the complaint U/s 323 IPC in which it was clearly mentioned that she does not want to go for any medical examination.

Frustrated by Police inaction, she immediately left for her native place by train and lodged an FIR on 18/6/08 evening U/s 498a/506/323 IPC read with Section 3&4 of Dowry Prohibition Act against her husband & in-laws, using her family influence. A Medical examination was also got done, in which it is alleged that she was beaten by her husband on the night of 15th June by lathi & buts of hands and has pain in head, neck, back hand, legs cheeks etc with difficulty in walking & diminishing vision. Surprisingly the CMO prescribed only a tablet of Brufen for all the above narrated injuries. She was also referred to Eye Specialist and Orthopedics specialist but she did not visit them. Later the FIR was transferred to Pune because of Jurisdiction and a fresh FIR No: 297/08 was registered at PS: Chaturshringhi Pune taking the FIR No: 0 as a gospel truth. Here a few questions arise:

1. If she was really beaten on the night of 15th, why she did not contact the Police on 16th of June and attended her office for the whole day ?

2. If she was beaten by husband, why she had not gone to hospital for treatment at Pune, while it is a well known fact that Pune has better medical facilities than any other city in the Western & Central India.

3. If she was really beaten in Pune, why she went to her native place 900 kms away to register an FIR followed by medical treatment.

4. Can a lady with difficulty in walking and diminishing vision afford to travel 900 kms. by train.

5. Can a lady with diminishing vision afford to wait for medical treatment for three days only because her FIR is not yet registered and the Police had not sent her to the hospital ?

In the First three lines of the said FIR, she emphasized that her father gave all kinds of dowry articles as per his capacity in her marriage. And as a witness, five of her family members in a bid to help strengthen her false 498a case, recorded their statements before the Police that sufficient dowry was given in the marriage. While out of these five, two are Government servants and forgot their first & foremost duty to inform the Law Enforcing Agency/ Police, if dowry was being given in the marriage, which is a crime against society. It is pertinent to mention that Departmental disciplinary proceedings have been initiated against both of them for attending a marriage where dowry was given, as well as for going to Pune as a Witness in a criminal case inquiry without taking approval of its higher authorities and for going out of state without any sanction of leave & permission to leave the headquarter.

That for her own statements before Police & in FIR, affidavit in Session Court, her divorce petition and statements of the family members U/s: 161 before the Police, categorically mentioning that dowry was given in the marriage, a case U/s: 3 of the Dowry Prohibition Act (DP-3) had been registered against the Techie & all the five family members for giving dowry and abetment to giving dowry on the order of Ld. JMFC Court No: 9 Pune on 14th Nov 2009.

That also in order to strengthen her false 498a case against her husband and in-laws, the Techie hacked E. mail accounts of her husband & father-in-law number of times and took out prints using office system, internet and printing facility, while being a Software Engineer she can-not be treated as innocent about Cyber Laws in the Country and for which a case under IT Act 2000 is registered at Mumbai. In which, she had filed her reply accepting that she has accessed these e. mail accounts to collect proofs against her husband & in-laws using office system, internet & printing facility which clearly place equal responsibility as per Section 43A of the IT Act 2000 on the Employer for allowing misuse of its system.

Later in her DP-3 case, she and her parents applied for anticipatory bail on 12/3/10 which had not been granted yet because the Police has to recover all the Dowry articles which she alleged to have been given in the marriage by her parents and is now a case property. Since they have mentioned in their bail application that they have not committed any such crime as has been alleged in the FIR U/s: DP-3, it may invite another perjury case against the Techie & her family for registering false case.

Meanwhile the Techie, her father & Mother had been implicated in another criminal case for Perjury for submitting a false affidavit in the Court of Ld. Addl. Session Judge Pune U/s: 174, 177, 181, 191, 192, 196, 193 IPC and also U/S 340 CR. P.C. in which she has no escape.

Here it is for sure that the Techie & her family is caught in the cobweb woven by themselves against her husband & in-laws with no escape what so ever.

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Protected: Rajesh Motwani Shows Us How To Win A Maintenance Case

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Rights And Responsibilities Of US Green Card Holders: A Reminder For The GC Holding 498A Wives

I am posting this here for the US based NRIs with marital issues.

They are a group often maligned by the radical feminists and by the media. What is never highlighted is the fact that these men are often used by their bitter halves to piggy back to the US and then dumped after these spouses get their green cards. They find themselves facing 498A and other cases in India especially after their spouses lose their case in the US court.

In an NRI divorce judgment, Justice Dhingra says:

“The decree passed by the court of USA has not been challenged by the complainant. She herself submitted to the jurisdiction of the USA Court and contested the case. She was living, at the time of contesting, the case in USA and continued to live in USA even after passing of decree till 2002. She even preferred an appeal, which was dismissed. Thus, it is not a case where decree was obtained by her husband clandestinely or she had not submitted to the jurisdiction of the US Court or the US Court had no jurisdiction. Once a competent Court has passed an order in respect of return or exchange of articles including dowry articles, no offence under Section 406 IPC can be tried for the same articles in India.”

NRI spouses with GCs are required to obey US laws, implicitly acceding to US jurisdiction. It is a responsibility, like paying taxes in the US, that they are REQUIRED to fulfil. This is an agreement they are signing when accepting the green card. These women may want to think twice before filing a case against their hubbies in India after getting their green cards. They may be faced with a contempt of court charges in the US if they try to challenge the divorce judgment in India after losing the case here.

Here is the text of the responsibilities:

  • You are required to obey all of the laws of the United States, the States, and localities.
  • You are required to file your income tax returns and report your income to the US Internal Revenue Service and State IRS.
  • You are expected to support the democratic form of government and cannot attempt to change the government through illegal means.
  • If you are a male, age 18 through 25, you are required to register with the Selective Service.

Here is the pdf: US Green Card Holders Rights And Responsibilities

Here is the link to the US CIS site where I pulled this information from.

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Over 27,000 Women Arrested Per Year Under 498A Cases

Here is a revelation.

There are approximately 27,000 women being arrested per year in 498A cases a majority of whom are acquitted.

I gathered this from the statistics published by the NCRB. Here is the data from 2004-2006.

NCRB Data On The Women Arrested Under 498A

How can one call 498A a law meant to protect women ?

498A Women Arrested stats

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A Gujarati Guide To Surviving IPC 498A

This is a translated, though slightly older version of the popular Guide To Surviving IPC 498A.

Download the pdf here:

A Gujarati Guide To Surviving IPC 498A (pdf)

All the supporting material in the form of judgments, etc, in English, are here:

The 498A Survival Kit

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SurvivingInfedelity.Com

Here is the link to the site:

http://survivinginfidelity.com/

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SC-Maintenance From Parents In Law Cannot Be Claimed By DIL – 2008

Here is the judgment: SC-Maintenance Cannot Be Claimed By DIL – 2008

Parents-in-law can’t be forced to maintain daughter-in-law:

The Supreme Court has ruled that a woman, if neglected by her husband, cannot eye her mother-in-law’s property for getting maintenance. Maintenance of a married woman is her husband’s personal obligation and the property in her mother-in-law’s name can never be the subject matter of the obligation to maintain a daughter-in-law even after the death of her husband, said a Bench comprising Justices S B Sinha and V S Sirpurkar. A woman lawyer, who had filed several cases against her parents-in-law in Chincholi, Karnataka, had even taken recourse to litigation to see that their property was auctioned for getting the maintenance she was entitled to from their son. Disapproving the extra-legal arguments taken by her and deprecating the trial court and the Karnataka High Court overstretching the law as well as their jurisdiction to go by her pleadings, the Bench said a woman could seek attachment of properties only if her husband had a share in it. This means, if the parents-inlaw’s properties were self-acquired and not inherited, then their daughter-in-law could institute suits seeking attachment of those properties which stood in the name of her husband and not against those owned by his parents. Referring to the plea of the daughter-in-law, Sonalben, the Bench said she might be entitled to maintenance from her husband and the decree in her suit could only be against his properties. “The decree, if any, must be executed against her husband and only his properties could be attached for that but not of her mother-in-law,” said Justice Sinha, writing the judgment for theBench. Referring to the HC order, which was challenged by mother-in-law Vimlaben, the apex court said it suffered from “total non-application of mind” and was “wholly unsustainable”.”

The said orders might have been passed only on consideration that Sonalben is a harassed lady, but the fact that Vimlaben is also a much harassed lady was lost sight of (by the HC),” the Bench said. Directing release of the attached properties to Vimlaben, the court directed Sonalben to give Rs 50,000 to her mother-in-law as cost of litigation.

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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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