Archive for the 'Prevent 498A' Category

The Judgments Of Justice Shiv Narain Dhingra

Matrimonial home is  not just a building made of bricks and walls. It is a home/place comprising of sweetness of relations of family members and elders, full of blessing.

-Justice Shiv Narain Dhingra

Justice Dhingra was a judge of the Delhi High Court. I learned about him from an article written by the Indian feminazi, Indira Jaising, to tarnish his reputation. As I read his judgments, I realized that he is an upright judge and Indira Jaising was maligning him with some silly but vicious motive.

Here is the link to that article by Indira Jaising: “It was a crime that I was born a woman”.

While talking about Indira Jaising, click here to know what she did to a lady in violation of article 21 of the Indian Constitution, and in disregard of the right to due process (Indira Jaising had a woman whose brother was having marital issues jailed. The lady was released after her brother paid his estranged wife $100,000).

Read this article to know more about Justice Dhingra:

http://www.rediff.com/news/mar/17rai3.htm

The same in pdf format if it disappears:

Rediff on the NeT: The judge who took on Parliament and politicians

Justice Dhingra took many steps to end the extortion in the name of Section 498A in Delhi. He started with the judgment that changed it all:

Smt Neera Singh (498A Income tax) Judgment of 2007.

Here is a post with what additional details I could find about him:

Justice SN Dhingra

Here’s his Linked in profile:

http://in.linkedin.com/pub/shiv-narayan-dhingra/29/293/597

The residents of Delhi have a lot to thank this judge for. Read the article below to understand what I mean:

Here is a collection of some of his most relevant judgments for fighting 498A cases. For the beleaguered lot entangled in 498A cases across India, these judgments are a gift from a god.

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The Ashish Marwah Bail Order

Ashish and his family are among the multitude of Indians against whom the law is being used to settle scores. Fortunately, it looks like the courts are taking note of this.

I am posting his bail order where the magistrate specifically says, and I quote:

“During the course of arguments I find that each of the accused/applicants are ready and willing to settle the matter but it is only the applicant/wife who is adamant. She wants to ensure that each of the accused/applicant must go to jail.”

The bail order is in pdf form. It is a little grainy and hard to read and I had to sharpen it. It is 400Kb in size.

Here is the Ashish Marwah bail order: Ashish Marwah Bail Order (pdf)

Here is a Hi Res jpg if the pdf has problems (270Kb):

Ashish Marwah Hi Res

Here is the same bail order in jpg format 90Kb in size:

Ashish Marwah-JPG

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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005*

This is the writ petition that was filed to declare 498A unconstitutional. After running through it, I beleive that it was framed inadequately.

Anyway, water under the bridge, here is the judgment: Sushil Kumar Sharma Vs. Union of India.

*Sourced it from the blog of a guy called Vinayak.

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Dowry Harassment Or Mental Sickness

Looks like the Rajkot police had a woman attempting to commit suicide in their station as they didn’t “Help” her with her dowry harassment complaint. This feels more like a case of mental sickness than dowry harassment.

Here is the link from HT

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The Indian Domestic Violence Act: Behind The Scenes

Looks like there was a lot of action behind the scenes. Here are some pdfs that explain what I mean:

This happened on March 15th 2002.

Here is the link to the pdf: COMMENTS BY MR. ARUN JAITLEY, Union Minister For Law And Justice, in defence of the GOI Domestic Violence Bill Given to women’s groups on March 15, 2002

Here is a comment by Indira Jaising:

“There should be a policy underlying every legislation. The only possible objective of a law on domestic violence can only be to Stop Violence. Whereas the policy of the GOI Draft seems to be to preserve the family and the marriage, and the same is already achieved by all the marriage laws and civil laws. The only “unoccupied field” is protecting a woman from domestic violence and this present draft does not achieve that.”

Here is the pdf if the link is inactive: GOI DVA Bill Original Version Comments

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Police Organization And Criminal Justice Procedures

Here is a pdf put out by CHRI. I cropped it to just include the relevant parts and I have highlighted them as well.

This document details the procedures to be followed  in a criminal case.

Here is the document:  Police Organization And Criminal Justice Procedures

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Bombay HC 498A Divorce Appeal Judgement

Here is the judgment:   Bombay HC 498A Divorce Appeal Judgement

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Feminism: The Six Frauds

Here is an interesting article:  Feminism: The Six Frauds

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Delhi HC Hauls Up The Lower Judiciary

Here are two petitions upheld by the Delhi HC. In both cases, the magistrates of the lower courts summoned the respondents without a basis and the High Court took cognizance and set things right.

Here are the judgments:

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Delhi Mediation Center

Here is the link

Here is an excerpt of what is covered by this center:

“The working of the mediation centres has revealed that Suits for Injunction, Specific Performance, Suit for Recovery, Labour Management disputes, Motor Accident Claims cases and Matrimonial Disputes have met with a positive result during mediation.
As far as criminal cases are concerned, cases of harassment on account of dowry and cruelty under section 406/498-A IPC and under section 138 of Negotiable Instruments Act are suitable for mediation.”

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Stats On Persons Arrested Under The IPC Cases

These are stats from the NCRB (National Crime Records Bureau).

I stumbled upon them due to an act of god.

Stats on Persons Arrested Nationwide Under IPC Cases.

The report states that there is an increase in the number of people arrested under dowry harassment cases.

Here is an excerpt:

“The crime head-wise and sex-wise break-up of persons arrested for IPC crimes during 2005 are presented in Table-12.2. The female criminality in the total IPC crimes accounted to 5.8 percent only (same as previous year), however, the percentage share of female arrestees was higher for those crimes which are perpetrated on women such as Cruelty by Husband and Relatives (22.5%) followed by Dowry Deaths (22.4%) and Kidnapping & Abduction of Women & Girls (7.1%).”

Here is the link which details the stats on Crimes Against Women

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SC Judgment: Jagraj Singh Vs Birpal Kaur – 2007

This is a divorce case which deals with jurisdiction and the consequences for not obeying summons issued by an Indian Court AFTER submitting to its jurisdiction.

Here is the judgment:  SC Judgment: Jagraj Singh Vs Birpal Kaur

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Implications In A False Case

This is a case from 1999.

This is an issue of rape where the accuser recanted.

In our country, a person accused of rape has more rights than a mother or sister or any other member of the family of a male falsely accused in a 498A case.

Here is the judgment: Allahabad HC-False Rape Case 1999

Clinck here to find out when you can file damages/compensation for being implicated in a false case.

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Delhi HC: Justice JD Kapoor “Make 498A Bailable”

Folks,

Finally found the judgment by Justice JD Kapoor from 2003. He describes the predicament of families facing a 498A accurately.

Here is the link to the news article.

Here is a link to the news article where the desi Taliban were trotted out to protest this judgment, that reflects reality so well.

Here is an excerpt of this judgment:

“Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Agains Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such c mplaints and cases are pending and are being lodged day in and day out.”

Here is the judgment: Justice JD Kapoor “Make 498A Bailable”

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Hindu Joint Family

I need to dig deeper.

In the mean time, check this out.

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Grounds For Divorce Under Hindu Marriage Act

Here is a link to an old article on Hindu marriage act: An Old Article On Hindu Marriage Act

GROUNDS FOR DIVORCE

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

That the other party

1. has after the marriage had voluntary sexual intercourse with any other person; or
2. has after the marriage treated the petitioner with cruelty
3. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. has ceased to be a Hindu by conversion to another religion,
5. has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
6. has been suffering from a virulent and incurable form of leprosy,
7. has been suffering from venereal disease in a communicable form
8. has renounced the world by entering any religious order.
9. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

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SC Redefines Right To Residence Under DVA

Here is the famous Batra Vs Batra case. Mar 2007.

Here is the judgment: SC Redefines Right To Residence Under DVA

Here is another related article.

Here is a link to a blog that throws more light on the Idiocy known as the Indian Domestic Violence Act 2005.

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SC Asks Govt To Legislate Irretrievable Breakdown As Grounds For Divorce

Here is the SC judgment where the SC asked the Govt to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce.

Here is the article from the Hindu

Here is the judgment: Irretrievable Breakdown Grounds For Divorce

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SC Grants Maintenance While Not Judging On DNA Test

Folks,

Here is a case from 2002 where the SC granted maintenance, but did not rule on the DNA test of the child.

Here is the judgment:  Maintenance No DNA Test

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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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