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IPC Section 498-A: Misuse

Dedicated to the Victimised Indian Families, Who are falsely threatened & Blackmailed by the Indian Daughters-In-Law & her family members, and those Victimised families who are already falsely charged under the Section 498A. Its all about False charges of Dowry Law, Domestic Violence, Alimony, Marriage and Divorce. NOTE: All articles are my personal copyright. They may be republished if the source is acknowledged and a link provided to this site. This is not an Anti-Women Blog. Read Disclaimer.

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Location: Mumbai, Maharashtra, India

Women go to the police with a complaint (may be false), but the system provides to record that as a criminal complaint and that data adds in to the National Statistics of Crime Against Women. When male goes with a genuine complaint the police at max can record a Non Cognizable offence against the women. That will never reflect in the statistics. Then how will one guage crime against men? Every 100 Suicides in India have 63 Males and 37 Females. Every 100 male suicides have 45 married males, and every 100 women suicides have 25 married Women. Married women suicides have default arrests of the inlaws under presumed dowry death. Married men suicides entitle wife for a 50% share in property. What kind of equality is this? I thank you for visiting my blog, Please visit again. And I welcome you to participate on my Blog. [indianhusbands (at-the-rate) yahoo (dot) com]. Click here for Main Page

Friday, December 02, 2005

498-B and NCM

Dear(?) NCW and Dear All,

While we males once have worked so hard to make Women Empowerment a success, we are sure our efforts have not been futile. Take own cases, where our helping hand given resulted in backfiring on us, we have been a saga of Victim acting as valid evidence to prove that women are empowered today.

Now it is time for you to ‘B’e Just and ‘B’e Practical, and have a ‘B’ack up plan for those who misuse Section 498A. We are being forced to agree to your plight in not diluting the IPC Section 498A.

As we may be also forced to accept that males have no other work but to only bash and that to only to their wives, which is strongly refuted by all of us. In that case may be next time the women can look out for better options other than males, as you all deserve the best. (Options other than males, well you know better). And that is why, according to your perception on males will make section 498A, remain in its original form, that is Non Bailable, Non-Compoundable and Cognizable offence.

Now we are not telling you to handle this issue coz you are already burdened.
Let me talk straight, have a backup plan in terms of 498B and also having NCM, that is W inverted to M, National Council of Men.
We would take care of all this after all we are also concerned to help you in releasing you from extra work. After all nobody can have Cake and eat it too.

If all males are bad, bashers and abusers and non ambitious to have a happy family, then where would one find a good creature that belongs to the male gender? I feel NCM will have that solution, there might be a few atleast who may join NCM and be able candidates too. They will be as neutral and concerned as NCW.

But like we encouraged you once upon a time and wished success to NCW, Now, we need you to 'B'e a sport, ‘B’e encouraging and ‘B’e positive towards gender harmony. In race to Save Indian Families.
In introducing 498-B and NCM.

Optimist,

Jinesh Zaveri.

26 Comments:

Blogger Swarup said...

Yes dear , if they have any honesty , they must accept this , but the problem is they are the most dishonest and lier of our indian society .. because you can not expect any thing from the terrorist .
regards
swarup

Sun Dec 04, 04:22:00 PM GMT+5:30  
Anonymous Sanjeev Kumar said...

Dear Swarup Bhai,

Honesty ke hi ti laale pade hai.

If it was there then we would not have seen these days...

skj

Thu Dec 29, 08:29:00 PM GMT+5:30  
Anonymous Anonymous said...

Good one, Jinesh!
UC

Mon Feb 27, 03:50:00 AM GMT+5:30  
Anonymous Anonymous said...

Good, Jinesh

There should be 498B, so that false allegatios made by wife (by 498A) and her parents including lawyers who put petrole in the fire, all are to be severly punshed.

Thu Nov 30, 06:49:00 PM GMT+5:30  
Anonymous Keyur Kanavia said...

tasmat uthisth Kontay, yudhdhay krutnischay
Stand up Arjuna, determined to fight. [Bhagwat Gita(2.37)]

Fight against legal terrorism.

Tue Aug 14, 09:50:00 PM GMT+5:30  
Anonymous Anonymous said...

taali hamesha do haatho se hi bajti hai

Fri Aug 29, 12:47:00 AM GMT+5:30  
Anonymous Anonymous said...

add sections 498C, 498D and 498E to it.

498C dowry harassment faced by men at home (wrt give me your house, yourproperty, jeweelery, etc and other forms of cruetly)

498D playing the victim while being the abuser (psycho-brutality)

498E treating husband as a slave (utmost form of inhuman cruelty)

Wed Oct 08, 10:10:00 AM GMT+5:30  
Anonymous Anonymous said...

Good to read your blog and thanks for such initiative.

I am recent victim of false use of IPC 498-c.

We married before 5 years and living happily. during last year we came to know that My wife is not able to diliver child. The only options with us was to go for IVF-test tube baby, I have started the process at her parent's place and almost spend 1 Lakh Rs. on her treatment. during the treating she was not following her medicines and schedule, so I told her that it's not good. She started crying and told her DAD, and they had filled case for 498-c.

Sat Nov 29, 04:33:00 PM GMT+5:30  
Anonymous Anonymous said...

scorned men say more stupid things. i think it is a great law. suffer you all

Wed Aug 12, 02:44:00 AM GMT+5:30  
Anonymous Senior Advocate Delhi HC said...

firstly, there is no "498-c" to the anonymous person last but one above me. second..if its 498-a which is being misused then you need porper regulation of 498-a. since the incidence of cruelty towards men from the women is a very very rare scnario and hardly takes place, apart from in exceptional cases like my good friend above who was married for 5 years and instituted a new ipc section, there isnt any need for a whole new section.

Tue Mar 23, 04:48:00 PM GMT+5:30  
Anonymous Senior Advocate Delhi HC said...

in my opinion, jinesh is an exceptionally unlucky man. i pity you for having had a bad marriage but that dosent contitute just cause for a NMC or a new section in the IPC. we are men for the love of god. we do not get bullied by women as a rule.

Tue Mar 23, 04:51:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear SENIOR Advocate of Delhi, Thanks for your comment and visit to my blog. :)

I can understand your limitations as an advocate and that too as a person of the past as you mention Senior in your name. Your comments give me to understand that You are an addition to the bunch who cannot do more than pity. And I have my pity on such attitudes.

I do not know if any explanation would work on a person pretending sleep, as one can never wake up a person pretending sleep.

However I am an optimist and I would attempt a narration for ones who stand scope of waking up.

In private sector when a product is reported to have bug its it immediately debugged rather than finding ways out of loopholes and its a passion. Debugging is rewarded as quality gets better, aim of zero defect scenarios enhances operations, and reduces layers of nuisance.

a cleark mindset would definitely work within the loopholes but a leader talks of change. Its time to retrospect, As a SENIOR Advocate How many BUGS have you reported to the system? Or even you too have made the most out of the loopholes? like offlate advocates shamelessly protested against insertion of crpc 41(a)?

Sadly you presume so many things. As a lawyer, You seem to be so unaware of stats that are published by the govt. The language is politically correct but the message if read in between the lines is so clear that the stats of male is not allowed to be recorded and nothing is being done of the welfare of the man (nos of men committing suicide are double than women YoY even married men commit suicides twice in number yoy. Source: NCRB).

a legal terrorist (false 498a) like a kasab gets a lawyer who is sponsored from the taxes we pay (male contributes 82% of them YoY) the same taxes have a ministry for women also for animal then why not a NCM for men?!

Dear Senior advocate, do you know the definition of women? i think you are still thinking like the other bunch that women means a wife but what about a mother and a sister of a husband? the law is wife centric and not women centric. if you wanna advocate women then also represent a mother and sister who get arrested in false cases YoY by the D-I-L to the tune of 35000 source NCRB, 80% of them are immediately released after arrest as the complaint was on frivilous grounds (Source RTI yr 2005,06, 07) and only 2% of the accused get convicted (Source: CSR, a cleverly drafted report to carpet the truth, but we have learnt to read in between the lines, courtesy our circumstances).

you continue piting, i will continue my work. With respect to my luck in marriage? well, let me tell you - one need not be a last stage cancer patient to support the cause of cancer.

"primary objective of all these communications is to appeal to the conscience of the well-meaning members of the society and remind and reestablish to all of us of the fundamental concept of the legal jurisprudence that thousand guilty men may escape the clutches of law but one innocent man should not get punished for a crime he has never committed."cause that innocent individual can be your son/brother or a mother/sister of a husband in your circle.

Sir/Madam, I would love to meet you in person.

With Due respects,

Jai Satchitanand.

Wed Mar 24, 01:05:00 PM GMT+5:30  
Blogger yodha said...

Hi there senior advocate Delhi HC, just check link below to see if any of these unlucky men accused of false rape deserve your pity or not? Most of these are SC and HC judgments.

http://nyayayodha.blogspot.com/search/label/False%20Rape

Even if I take your opinion that men are not bullied by women as a rule -- when a woman sheds a few tears, there are enough no of men instantly ready to punish the man she accuses, including those in police, law, judiciary. They do not need to verify her complaint etc. It is enough that she complained!

Wed Mar 24, 02:04:00 PM GMT+5:30  
Anonymous Anonymous said...

Dear SeniorAdvicate Delhi HC,

Your pity should be directed to self and your fraternity who did not raise any objections so far against these women centric laws, but continue to make money by enjoying these biases in the system.

On the other hand your fraternity hold the whole country to ransom by observing strikes on trivial issues and even on issues which are of greater public interest like the CrPC amendments 41(A). So, it's very clear that your fraternity are one of the strong pillars of Injustice Delivery Machine.

By the way, going by your logic, men are supposed to be strong etc. (bullshit at best), will you stand up and say if women commit murder of men even then women are victims and should not be punished? (well, who knows, if offered good money you may as well stand up for the CAUSE)

In matrimonial issues there should not be any intervention of state by way of Criminal laws. If at all, there should be unbiased mediation centers.
India is a different society and should create laws for it's own good, instead of taking cues from Western world where marriages are not sacred but a contract and money/property are the foundations of such contracts.
By instituting Criminal laws in matrimonial cases, India is exposing its society to broken family fabric and its deleterious after effects.

-Abhishek

Wed Mar 24, 02:24:00 PM GMT+5:30  
Anonymous Anonymous said...

This senior advocate is purposely trying the mislead the common citizen, since it is well know fact that 498a is bread and butter business for lawyers and form extortion racket between police, judges, lawyers and wife centric organization like NCW. 498A is 4500 crore industry and legal extortion tool, so definitely senior lawyer Delhi HC will not like 498A misuse to stop. double men commit suicide due to marital problem but there is no law to support. 498A was enacted to benefit "sitas" but "ravanas" (judges + lawyers + NCW + police) and supanarkas (498a lady) are exploiting and en-cashing.

Wed Mar 24, 02:41:00 PM GMT+5:30  
Anonymous Anonymous said...

Senior Advocate, dare to come out with your name. Judgments available will show who you are, your success / seniority / superiority. Otherwise you are one among the "Notary ke liya pachas rupiya da da baba or Vaida Vaida" type at the gate of the court house...! Another leach !

Wed Mar 24, 10:14:00 PM GMT+5:30  
Blogger Sandesh said...

Dear, "Senior Advocate Delhi HC"
From your comments, it seems you are totally out of touch with reality. You say, "Since the incidence of cruelty towards men from the women is a very very rare scnario and hardly takes place" which proves your ignorance. Kindly update yourself with the facts. Reality is exactly the opposite. And no one needs pity from you. Pity you, for being so ignorant.

And kindly do not hide under the guise of "Senior Advocate Delhi HC". Again Pity you, for hiding under guise.


Thanks,
Sandesh

Wed Mar 24, 10:50:00 PM GMT+5:30  
Anonymous Anonymous said...

Self proclaimed senior advocate ji. If you are written this all shit then we doubt about your seniority/qualifications. How many exceptionally guys do you want to justify the fact? your comment "we don't bullied by women as rule" This rule is defined by you only.
naive can derive the conclusion from yr comment, if he believe on you bullshit as :::
India is powerful, very big country as compare to Pak; Pakistan can't be threat for India whether Pak have atom bombs, chemical weapons etc as rule.(as per your comment) India must not think about it's security/make new rule to protect it's citizens.

what's yr reply?

If No==> then 498a, DV etc are more dangerous from atom bomb which kills humanity, ethics etc.

If Yes==> Sometimes it happen, you need to consult with mental Doctor and retire from yr profession, take rest. We pity on you.

-Veeju Pandit

Thu Mar 25, 12:04:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Great Comments and Viewpoints Yodha, Anon1, Anon2 (I would prefer your names below such powerful comments),& Abhishek, Sandesh and Veeju You all are awesome.

I remember at Family court when our group presented the male suicide stats the feminist lawyers were desperately and miserably covering it up as they were unaware of the fact that males could fightback and that too with facts rather than fiction and in one voice with Unity.

Dushman ko yeh batado dushmani hai kya....
Duniya maney bura to goli maro!
dar ke jina hai koi jeena yaaro?!

Thu Mar 25, 07:23:00 PM GMT+5:30  
Blogger Mr. Jadhav Siddhehwar Dnyaneshwar said...

I am also a victim of domestic violence,
Both we are Asst professors in well reputed college in MUMBAI with good academic background and we married before 20 months and living happily. during last 4-6 months she felt insecure to deliver child because of misguidance of her father. We had taken consultation from expert gynaecologist and after completion of all prescribed tests doctor had given good report for baby. You need not worry immediate after 15 months of marriage. For that I spend lot of money on her treatment and follow up (At present she denied). That time She was not getting salary because of tech. problem.
Simultaneously my father in law demands something else(wants girl for his divorced son, knowing divorce of his son was incomplete). Our family was not interested to enter in that issue because of new relation and without understanding nature of that family. Hence for this reason, My father in law much more interfering in our married life. Mostly he wanted everything in his control.
Because of this, my father in Law and brother in law misguided to my wife with the issue of baby. After starting her salary immediatly One day father in law went to his home along with my wife without any quarrel or problem and without proper intimation. But after some days both of them filled complaint of domestic violence against me.
When I said situation and shown some evidences to police officers they understood situation.(Unfortunately I had tapped last some phone calls regarding that situation and enquiry to come back also collected some documents.)
But My father in law and wife registered N.C. against me for threatening to her on phone calls.
At present, she is in parent's home from 2-3 months. And I don’t know how they are harassing me?
God Know!
Bad Thing is that, I behaved with her a very idealistic way as she is educated. I had given everything whatever possible weather economically not affordable. She written problems from my parents but for approx 3 months they are with me. I supposed she is educated like me so we are equal to each other. Biggest mistake in my life for judging person.

Thu Dec 16, 04:27:00 PM GMT+5:30  
Blogger mukul said...

i married on june 09.we both r engineer our marriage is pure arrange marriage. within period of 3 month i notice my wife is not trying to involve in me n as well in my family.(even she told me on honymoon period that her parents thrown her in wel)she is not taking care of household thing. so we called her parents. n try to resolve problem. with the hope of her parents will teach somewhat. in front of both families her behavior was not good.so we send her to her parents home. While going she file a fake (i have her one personal mail) FIR against me (that we abused her n family). This matter is settled in front of ACP . after 3 month we called her back nov 09 n we living together, after this my parents went to our native of thinking might be she need some time . in this period she got pregnant on 6 march 10. All family was happy after listening dis, but after 5 days she fought on stupid reason n she told me that she doesn’t know who`s baby is . n after 2 days baby was miscourage.

Thing was not good n she left my house on may 2010, on that day no one at home even me also outside.on aug 10 she file a N.C in police station ( tried for 498a).but it is cristle clear that was false complaint.now we went to court for divorce.can i file against wife any complaint or case as a mental harrestmnt and tourture.

Sun Jan 23, 11:03:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

unfortunately NO. you cannot file a complaint that is cognizable.

go to your nearest chapter's weekly meeting and find out your susceptibility in such bleak situations.

do not wait for the D day be prepared in advance.

all the best. do write to me in case if you are unable to reach any sif volunteer.

cheers. all the best.

Thu Feb 10, 07:08:00 PM GMT+5:30  
Anonymous Anonymous said...

good comments
We all know the intention behind making this 498-A clause and now the need for 498-B is to stop the misuse of 498-A, but what if that 498-B is also been misused by the people?
And it is been seen in our society that those who are really in need of this provision are not using this, rather it is been used by them who are not in need and just wants to harass their in-laws, so again there are possibilities that this next provision of 498-B will be misused by the people. And the result will be 498-A will become useless for them who are actually in need............
lastly yes there is a need of 498-B but it should be made in such a way that people will not misuse that.........

Tue Mar 15, 02:03:00 PM GMT+5:30  
Anonymous Anonymous said...

Probably this man never had a sister who was ever threatened and harassed for dowry or extra marital affair. the law is made for THOSE people.
I would suggest another remedy for such crimes.Public Lashing and castration in Public

Mon Mar 28, 06:42:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear Anon, ^^^^

Well my sincere apologies to you for those few fuming moments that caused to write those lines, because of my article.

If you are a lady I extend my arm to you as a brother. If you are a male then too I extend my hand as a brother.

I very well know the plight of a lady who has been harassed in marriage and the USE of 498a law has taken care of it.

but i am also aware of the plight of a mother and sister who got arrested for no fault of hers by her sister in law, i know the plight of a sister whose brother is falsely charged for dowry death and the entire family is jailed only later to be proven innocent in both cases. I know of a sister and father whose brother was falsely charged of rape by his lady colleague and is fighting a tough battle in judicial custody.

in above cases the MISUSE has not only paralyzed the family financially, morally and socially but has also made the sister devoid of any marriage proposals due to the stain on the family for no fault of her or the family.

we are against misuse of the law in any case.

if we have 498B as a punishment for misuse then it would be a deterrent for misusing 498a, if we have NCM there would be someone taking care of the falsely accused male for rape.

from the taxes we pay, we have a ministry for animals too then why not ministry for men who pay 82% of the taxes YoY.

we need to co-exist. we need to be fair and unbiased.

come to my sunday meetings you would see equal numbers of women participating on some given days. the group is called MASHAAL - Mothers And Sisters of Husband Against Abuse of Law.

thanks for venting your feelings out and visiting my blog.

may god give you peace and fulfill all your ethical desires. any help from my end...feel free.

Jai Satchitanand

ps: also read dont dump the daughters and MASHAAL

Wed Mar 30, 05:49:00 PM GMT+5:30  
Anonymous Anonymous said...

Two years of our marriage, but could not have a similar mindset on any issues. Had fought for number of times for silly reasons especially from wife side. She lacks patience, not willing to adjust, doesnt like to stay with my parents occassionaly. Now we have a child of 12months. Problem is she always listen to her parents and even there parents support for whatever she do. this has created a problem in our marriage life. Since she is doctor, she feels that no body should instruct on any issues as she is well educated to understand. she doesnt even want to adopt my culture and wants to remain with her maiden culture only.Looking into the grave situation, i am willing to divorce her but she is not.Now she is coercing that she will file a case of harrassment, dowry, physical cruelty...etc. I am totally perplexed what action should i take to get rid of her.
Please help me.

Thu Nov 07, 03:34:00 PM GMT+5:30  

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