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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

Sunday, January 14, 2007

Stree Hatt.

I am sharing a very disillusioning event that I witnessed in the court rooms. It tells that these places are basically apt for murder type case hearings but not for arguably civil procedures, such places in long run are waste of resources, thus discounting the seriousness of its purpose and operations.

It was a day of mild shower in Mumbai, Shravans father, a senior citizen had his eyes wet too. He had requested me to take a day off and be present for the moral support for bail hearing of his family with the courtesy of the false charges on them by their daughter in law, where as the real reasons were different. I came across this family through helpline.

His 40 yr old son’s estranged wife was caught red handed in a rekindled lost affair, as a result, she had to face the heat of Shravan. Her retaliation was no different from most of the cases, she called the shots and dictated terms with a false 406 and 498a that would support her decision of dispute and get the guy to obey rather than negotiate with her terms. She went to the court rooms inspired by what is heard and said. But the reality was soon to be revealed as too how un-filmy the real life is from what these women contemplate.
This hearing was supposed to take place at 2.30pm in the afternoon, but eventually it got delayed by other pending cases that were carried forward since morning. Only at around 3.45 pm Sharvan’s case was called. Shravan was sweating and almost getting a bout of his asthma attack, he was trying to be stable. Amid all, he was missing his 9 yr old son whom he has not seen since 8 months.

All may think that courts are happening places, like we see in movies but well it is different than what we think. First of all, the lawyer of Shravan came in very late thus giving him anxiety. After reaching there by the time the case could be taken, he dozed off waiting in the court room. The lawyer of the wife was also competing with her counterpart in dozing. It was tough to say who won in dozing. While, the hearing of piled up cases since morning was going on, there were two other female lawyers disinterested at the corner of the bench busy gossiping. Must be about their nail polish as they were caught by my eye comparing colors in the court room later they were also observing the nails of the legs and those pedicure and manicure stuff. I also observed in other cases that fates hung for nearly 2 months for the next hearing that would last for 2 minutes and then again get a suspension state for another 2 months.

Shravan’s case was called. Both the lawyers woke up from slumber. The wife had 2 lawyers one hired and other was the public prosecutor, the public prosecutor and defendant’s lawyer locked horns on bail. The husband and wife must have fought in the house, now these lawyers looked like as if they were the horses running in the race and sponsored individually by the couple of which the public prosecutor was sponsored out of the tax of the junta (of which more and max is paid by the males, sharavan was one of them).

The judge heard both the sides and gave a very balanced verdict from his point of view but it was a lose:lose for both husband and wife. How? Well, wife wanted the so called disputed property which she thought would get it the next day. But the bomb fell on her head when the disputed value of amount deposited to the court was held valid for 2 years and then renewed if required till the case gets over, she realized that if she had chosen for mutual settlement then this matter would not have gone in a loop of 2 years. It was Rs.50000/- in lieu of the fictitious ornaments that she claimed that were hers which were already accepted by the boy to pay by cash.

But she would not budge and hence the surety and bail too came in picture. Total 5 women and 2 men were accused. Sharavans 3 sisters, 1 aunty and mother including his father and him. For all of them a cash of Rs.70000/- (exceeding the disputed amount) as a surety was deposited that exceeded the disputed amount and also gave a 406 with a 498a. but the prosecutor argued for a guarantor for each one of them, what a torture! I was not sure what exactly was going on 406 or 498a but I was there to support morally by prescence.

Finally judge overruled the argument of the prosecutor but held that the family cannot move without court permission out of the city. This was a lose situation for Sharavan apart from a loser in money and family. But that is how the proceedings went. We went out of the room and we thought it was over but suddenly the peon popped from nowhere stating “me baghitla tumala” (I saw you) and he was asking for his tip (Chai Pani), sharavan had to shell out Rs.150/- for him too with a whispered bargaining and then he said “file ka khayal rakhega nahi to time lagta” (for smooth clerical proceedings) then he proceeded towards shravans’ wife group. Sharavan did not understand what he said but went on and apologized and thanked me for the trouble taken and being there.

He asked me what I felt and I said “It is all because of stubbornness of ONE lady that is Stree Hatt, so many have to suffer. Courts have to handle such frivolous matters and attend to the paper work. The national machinery of public prosecutors have been misused for 98% of times. A son and father are deprived of each others love and son is counseled that his father is a bad man. Her relatives had to come all the way to support her based on her statement and Sharavan’s Family had to face the 498a and 406 horror. And it was a lottery time for the lawyers and other members that formed that team.” I saw the faces of the girl and her relatives they revealed lets-us-sort-it-out-now attitude and the girl now probably realised that the damage was done to a greater extent and she had closed all the doors the moment she involved force to justify her stubborness.

Sharavan’s Father told me about Kaykay’s and both Sita’s and Surpanakha’s Stree Hatt in Ramayan. And he too repeated that “it was All because of stree hatt (a Woman’s Stubbornness) that his family too was in trouble.”
Though the father and son looked relieved on getting bail but still I realised that all this could have been avoided if the girl was more mature.
I witnessed another Lose Lose situation.

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Anonymous Anonymous said...

quite depressing jinesh...but it does motivate me more to fight the morons who sit in the parliament...i think the indian public suffers from the warm frog syndrome...take a frog and put it in boiling water it will jump out...but put it in cold water and slowly raise the temperature then it will get comfortable in the pain...well let these women figure out the cost of "freedom"...

Sun Jan 14, 11:25:00 PM GMT+5:30  
Anonymous Anonymous said...

There are thousands of such cases against the innocent families. The torture they are facing is just beyond comprehension. They are totally defenceless. And the court does not consider the husband and his parents as the citizens of India.

Imagine! This woman was caught red-handed in an extramarital affairs and yet she filed a false dowry harassment case on her husband and in-laws. Is it possible to understand the character of this woman? Women groups are babbling about giving equal rights to women. What equal rights? Do men have rights? There is no such thing as a man initiating a divorce because he is aware that his wife knows that there is this extortion tool called IPC 498A. Gender-biased laws such as 498A, DV Law are no more than an extortion racket. And the cost of court proceedings behind false cases comes from the public money. These wicked women have made a business out of these laws.

A man's condition is deteriorating rapidly which is also reflected in the manifold increase in suicide rates. NCW is forgetting that if this continues, nobody will respect any woman. All women will be look upon with disgrace.

Today's women have totally lost their virtues, but the Government is making a scapegoat out of men in order to appease women's groups for vote-bank. Men have absolutely no fundamental rights now. But feminists will continue to say that it is a male-dominated society and that women needs legal protection. Women are now committing crime legally, and that is extremely dangerous for the society. The repercussion of making the crime of women legal is just unimaginable. It will be like a curse to be born and live in India as a male. Destruction is probably inevitable.

Mon Jan 15, 09:24:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Ya Mihir,

Infact I have also seen the worst in such cases and that is justification of such ladies, telling my husband is very suspiscious.

I would not advocate the unnecessarily suspicious ones but yes there are helpless ones who are cleverly victimised by such charges too.

Mon Jan 15, 09:49:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear Anon,

The frog theory is well explained. It is exactly what is happening to the families this side.

Mon Jan 15, 09:50:00 AM GMT+5:30  
Blogger Sandeep said...

Dear Jinesh,

your experience is right bang on target.I myself have experienced a similar situation in which my family have already paid an amount greater than what the girl is NOW demanding ,in court and police,and she also must have spent atleast 10% of that(nothing comes for free,even allegations )and till now she has not got a single rupee and we have lost lots of money and undergone mental torture.



Mon Jan 15, 10:12:00 AM GMT+5:30  
Anonymous Suhail said...

I too was at Kopergoan first class magistrate court for the hearing of Mr. Akhtar. He was married for just 5 days. Marriage not consummated. FIL files a false 498-A case as his daughter was involved in a relationship before her marriage and never wanted to marry anyone else.

The case comes up after 4 hrs of desperation waiting. The FIL is called in for cross examination. The FIL states to the judge that he has eye problems and he has an appointment with the Doctor. The judge gives another date.

Question: Judge could have asked FIL
1. The date was given 1 month earlier didnt u remember not to take an appointment coinciding with the court date.

2. The defendant reached from Mumbai everytime when the hearing is called for. Who pays for the harassment?

3. A marriage lasting just 5 days? Does it requires investigation.

4. All the time hearing goes without the girl being present.

Definately the government is providing employment opportunities and education by creating lawyers by way of introducing stupid laws such as 498-A. Any sensible person can understand the incompleteness in this law.

Tue Jan 16, 05:36:00 PM GMT+5:30  
Blogger binod said...

hi friends,

i have also to view my experience on misuse of 498(a). i have filled a divorce petition before filling two informatory petitions before the learned court in the family court. after notice my spouse not even attended even through their lawyer. after publication of the matter in daily newspaper they have appeared in the court after doing their full home work as suggested by her father and the lawyer. she has also attended the reconcilliation and the said reconcilliation was failed.

one surprise things i want to share that when my wife attended reconcilliation in the chamber of hon'ble judge she had already filled a case under section 498(a) and 406 of IPC after two months of receiving the notice from the court to attend the court for divorce matter.

now after a gap of 12 months i have come to know that a nbw had been issued in the name of mine and my family members. when i gone through the plaint submitted by the complainant i was shocked to see the number of allegations have been made against me and my family members. since i have already taken precautionary measures as i was aware of the facts and the mind frame of my in-laws, i have decided to fight the case till end.

any one of my friend who have the similar experience regarding that may be requested to share the said with me, so that with the help of you friends i will fight the case and try to prove myself inocense and also to see that further misuse of 498(A) may be come to a less number.

Thu Sep 25, 07:35:00 PM GMT+5:30  
Blogger Atit Rajpara said...

Excellently define stree Hatt.

Wed Jan 27, 10:42:00 PM GMT+5:30  

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