.comment-link {margin-left:.6em;}

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.

My Photo
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

Wednesday, February 28, 2007

Alimony: The Real Monster

Anything hard-earned and drained out of the pocket is amounted to losses, such chronic state is fatal. The British did that to Indians and Gandhiji fought back by boycotting.

Well I write this as I feel really upset, when my brothers call me up and tell about their state of mind on a day before hearing of interim maintenance or a regular one. I feel
"Wives get interim maintenance and Indian Husbands get interim bail."

False 498a and 406 is filed so that money can be sucked out of the boy and he could be dragged to the table by giving him threats or actually dragging him to the court and police. The root cause is the greed of money without working hard. And that is maintenance. Further I have seen genuinely suffering women too not interested in money, but freedom and breaking the chords. Because they have felt the pain. But, well the law is applicable for the law abiding and fearing. The rest simply use, misuse and abuse. With justice prevailing in some cases, The real victims continue to suffer as criminals and real culprits enjoy as sufferers.

Well so far nothing is clear on this DUCKWORTH LEWIS formula of Maintenance law in India. As not all cases coincide at all. It is all on luck. But majority of the cases have seen the boy as a loser. And the girl taking away all the benefit inspite of being capable, able and well-qualified.

The system is programmed to think on one end that women are always innocent and need to be facilitated, should be unconditionally sympathized. Men on the other end are a defamed gender and do not require any shoulder, comfort or relief. I have seen not one, but many lawyers of the boys appointed to tell only one thing that “the laws are in favor of only women and all against men.” But my question to them is what are you all doing? Well and the answer is not expected but clear that they are accommodating themselves rather than suggesting change.

Lawyers very clearly say to the girls’ side that they need not worry about the fees as they would manage with the boy. And the girls also need not worry about the fees officially. As they are managed from the taxes that we pay to the govt (mind you males have a lower Tax ceiling than females)

But has anybody who is seeking genuine reforms in gender equality asked these questions?
Q. Is there any interim divorce for a husband in an abusive relationship? No!

Q. Is there any analysis on How Hindu was that Marriage before the Hindu Marriage Act is slapped while filing a Crpc.125.? No! (for that matter in a non hindu marriages too)

The amount earned by the husband, is earned after a lot of hard work. The lady who is married with him but estranged for ego reasons with no kids and also well educated is also helped with Alimony. And that too anywhere from 50% to 1/3rd to 1/5th of his salary.

Q. My question is will she share the burden or stress of the husband at work? No! infact she is adding on his burden by staying with or away from him with blackmailing laws and taking money by giving no value additions.

Q. Why does not court Order the husband to find a good job for the lady? Why does not court order a study programme?

Q. Why is the legislature not ordering a finishing school programme for the divorced women who could get independent in their own respective fields? Say the education for the girl child is free similarly they should get concession on education programme and get sponsored by the divorcing husband if required.

Q. Why is court Ruling such orders in favor of women that would empower laziness in women and would breed habit of crying and begging and justifying it as a right? (without responsibilities) esp. after the correct ruling of having a daughters share in her fathers property?

Q. Why is male always burdened with a bomb in the name of interim maintenance? Why is he treated as an ATM Machine?
Q. Is it right to punish the generation C for the wrongs that generation A made and the generation B recognized the same. If Yes then think again because after C is punished D will notice change and give E a reverse benefit and this will go on. Rather do the correction by erasing discriminations and identifying equality and that is how justice would prevail. Otherwise an eye for an eye will make the whole world blind and will take decades and generations to suffer and justify against some people’s school of thought.

Well punish the guilty, but do not make them as a reason to trouble the innocents unnecessarily. I am saying this because while I write this I foresee many who would arguably justify by saying that women have been suffering from centuries but why should the ones who did not do it, suffer?

I know of a friend who is a marketing professional with a top most software company who had to face an interim maintenance order from the court for his estranged wife of 8 months with no kids and a 498a threat. The guy has his old parents of 60+ age to be taken care of along with self, who are physically separate but financially dependent.

Now don’t tell me what the girl would do if the parents have refused to accept her, well punish her parents too. Ok next would be the parents have exhausted the money in dowry. All the more punish the parents TOO for giving the so called dowry, as dowry in urban areas is also given for different reasons.

I remember Jai, who could not admit his father in the best hospital during his ill health and has kept his mothers’ arthritis operation pending. Are most of the judges of the lower court doing justice in alimony cases or they are just doing a clerical application of the law influenced by prevailing trend and false beliefs more as a theorem applied in geometry. After all they are humans.

But as the saying goes “She cried and Judge wiped her tears with my Cheque Book” similarly she cries and the boy has to pay. Just imagine 50% of the salary means the boy would daily work 4 hours for his estranged wife and 4 hrs for himself. If it is 1/3rd of the salary then 10 days for the lazy estranged chief guest and 20 days for self and other family members in the month. 1/5th means one quarter of his full salary would go to the wife who has done a good presentation in the court, with may be biased mindsets on the otherside as told to me by some victims.

But the losing lawyer would say while claiming the fees “What can I do? laws are all in favor of women only”, and still groups at large are crying in front of the public and I am sure they are happy from within since centuries, and more so Now.

My wish is to enable Women to be independent rather than just empowering them with laziness and a ready begging gift package in the name of alimony. "Give her a fish and you feed her for a day, teach her how to fish and you feed her for a life time." That is the real empowerment. But now master Misinterpreters what is your defination of fishing?

With Contempt,

Jinesh Zaveri.

Labels: , , ,


Anonymous bharati said...

" Catch a Bakra and make him give her all his fish everyday "

Mon Mar 05, 01:19:00 AM GMT+5:30  
Anonymous Anonymous said...

Swami Vivekananda must be really disappointed with the way education is perceived these days. This article proves that culture outwits education. Educated people are not yet able to differentiate between healthy culture and irrational culture.

According to me, the worst mistake India has made is to distort, misrepresent, misinterpret and misunderstand the Indian history.

How many of us know that National Congress was founded by a retired Britisher A.O. Hume and not by an Indian? How many of us know that matriarchy society generated cannibalism in the past? How many of us know that there is a striking resemblance in the tactics used by feminists now and the tactics used by Jinnah back then? How many of us know that Moghuls ruled India for centuries and deported to Britishers (East India Company)? How many of us know that Gandhiji offered Jinnah Prime Ministership in order to decline his proposal to partition? How many of us know that Britishers ruling India for hundreds of years in fact gave us the required capital formation to build our own nation? How many of us know that Indian soldiers have helped the Britishers to win the World War I and II? How many of us know that before Britishers, France and Portugese were the contenders to rule India? How many of us know that Britishers enacted laws to curb the activities of Indian leaders and labelled their activities as illegal, and imprisoned them? How many of us know that Britishers were in a position to rule India because there was no central unity amongst various States?

It will go on and on but unfortunately, people have conveniently distorted the real Indian History for their own interests and selfish motives. The tactics used by Jinnah for partition back then is how used by feminists for women's so-called rights. The tactics used by Britishers to maintain disunity in the country (divide and rule) is now used by political parties.

Indians have always been narrow-minded and incompetent as far as problem solving is concerned. Indians are programmed to give more importance to outdated culture instead of the present day practicality. The blatant refusal of Indians to accept the change, and acknowledge the need to adapt to these new changes has created problems that is beyond comprehension. Times have changed and if we don't adapt to these new changes then we will all suffer.

Judiciary wants to save the marriage institution by burdening unnecessary monetary obligation on men which in fact will speed up the procress of marriage going extinct. Only a small bunch of male-hating women are proposing gender-biased laws and to appease those small bunch of women, the judiciary is willing to sacrifice the whole country.

Change is constant. The culture back then is no longer practical and rational in today's times. Now men must be given some freedom to choose and women must be given some freedom to shoulder responsibility. It is narrow-minded and malicious thinking to believe that if men are given rights then women's rights will be violated. It is easy to balance the rights of men and women, provided we 'choose' to have a balanced viewpoint. Excessive addiction to the outdated culture is now the chief problem in Indian society.

If we believe men and women are equal, then why are we having gender-biased laws, and even if we are having then why are people supporting such gender-biased laws? Who are these people who are saying that men and women are equal and are also supporting such lopsided gender-biased laws?

Indeed, education does not ensure character building. A person may be highly educated but he/she will fail to see the irrationality of gender-biased laws. And those who have distorted the Indian History are already dead and now the male-hating feminists are capitalizing on it.

India is an extremely rich country but Indians are extremely poor.

Mon Mar 05, 10:16:00 PM GMT+5:30  
Anonymous Jogeshwar said...

very good Jinesh. The command is-one has married, so one will have
to pay, whatever we dictate regardless of her nefarious activities that ruins one. Earlier I have said that law of tort is the only answer.

Mon Mar 05, 11:16:00 PM GMT+5:30  
Blogger Advaita Vedanta said...

I dont think its culture thats coming in the way. I simply feel that the laws should be amended to make them equal for both sexes not just in terms of rights but also in terms of liabilities and responsibilities. It is as simple as that.

Mon Aug 20, 09:01:00 PM GMT+5:30  
Anonymous Anonymous said...

Well done politicians! Initially u divided the country into three seperate nations on the basis of religion and now! Wow. Create a rift between men and woman and divide india into two halves on the basis of gender. One country will have only women and other men.
Well done! You are a step further than britishers. I now feel that britishers should have learnt the divide and rule policy effectively than u. Well done and let india go into coffin.

Mon Mar 17, 02:30:00 PM GMT+5:30  
Anonymous dr said...

it is not divide and rule policy between women and men, it is a division between real justice and misuse(innocent men). a person like you would not know the pain and agony being suffered by the affected husband and the jealous wife. put yourself in their position and reply rather than just throwing stone!!!!

Fri Jun 20, 05:26:00 PM GMT+5:30  
Anonymous Anonymous said...

I totally agree with Jinesh. I am a women but I seriously feel that most of the women are abusing the 498a. They behave like a parasite and suck out money from men. When it comes to daughters getting equal share in fathers property they want to be treated equal to sons but when it comes to getting admissions into good schools they want 33% reservation. Its basically he Indian Law and courts which are entertaining this kind of abuse of law and enpowering women. Now men are the sufferers. After doing all the hardwork building the career to the heights, men are sucked out mentally and monetarily in the name of alimony and maintenance to estranged wife. This is clearly not fair. Will the wife pay alimony or maintenance to husband if she is working and he is not???
WE NEED A CHANGE..... Just because our laws were right at some point in time doesnt mean they will hold good at all times. Our culture is changing fast, the style of living is changing so the old and rotten laws should be changed accordingly.

Wed Jul 08, 10:42:00 PM GMT+5:30  
Anonymous Anonymous said...

I totally agree with Jinesh. I am a women but I seriously feel that most of the women are abusing the 498a. They behave like a parasite and suck out money from men. When it comes to daughters getting equal share in fathers property they want to be treated equal to sons but when it comes to getting admissions into good schools they want 33% reservation. Its basically he Indian Law and courts which are entertaining this kind of abuse of law and enpowering women. Now men are the sufferers. After doing all the hardwork building the career to the heights, men are sucked out mentally and monetarily in the name of alimony and maintenance to estranged wife. This is clearly not fair. Will the wife pay alimony or maintenance to husband if she is working and he is not???
WE NEED A CHANGE..... Just because our laws were right at some point in time doesnt mean they will hold good at all times. Our culture is changing fast, the style of living is changing so the old and rotten laws should be changed accordingly.

Wed Jul 08, 10:48:00 PM GMT+5:30  
Anonymous Anonymous said...

I completely agree..If the wife is educated(graduate at least) and is working, then what is the need for alimony? Women have taken enough advantage of law in the past claiming to be a weaker sex.We MEN may not be weak but we too feel pain!!... Divorce is taken to separate and find peace from a strangled marriage. Where is the peace if alimony is paid to the wife even after separation.Boils down to the point that the man is still taking care of his wife but without seeking anything in return.Then whats the point of a divorce???? Luckly ladies..

Sun Nov 08, 11:21:00 PM GMT+5:30  
Anonymous Anonymous said...

In India,Law is blind. Law is made by britishers to harrass indians. We are following the same rule after 63 years of independance. Even our 544 (Great Politician) members of Parliament sitting in AC has made multiple blind rule. e.g. 498a , DV ACT, IPC 125 multiple maintance.
Because we indians are fool and electing the bull sheet person who are creating our life miserable by making such blind and bull sheet law.

In india no body can get justice as complte judicial system is corrupt, Including Judges, Lawyers, Politicians, Police etc. All knows that 95% of 498a complaint are false and fully fabricated, but all are making money in india Judges, Lawyers and Police are earning more then 500 crores per year with out taking ant efforts. No body want to stop this profitable business. Even they want more cruel rule to harras indian famillies and get maximum money from them. Even so many Indian wife's family's are using her daughter by filing false 498a case. According to them, when law is there why not to use for earning money. Using of this cruel law is better then sending her daughter for prostitution. They are indirectly making her daughter as prostictue......LEGAL PROSTITURE.....every body give favour to this kind of LEGAL PROSTITUE with full sympothy....

Only India is the country where this kind of bull sheet law existing.

I know in india this will only happen. 100 me se 99 beiman, phir bhi mera bhart mahan.

If GOD is there then i will pray him do not give me next birth in india......

why ???

u know ??

Jis des me kabhi bati, bahun ko puja jata tha. Aaj wahan per Beti ko Bahu banakar Legally Dhandha karavaya jata he....Paisa vasual karo. Its a business in india.

Steps for 100% Profitable business.

Step01 :- find one good earning Goat (Husband)...

Step02 :- Shadi se pehle sati savitri ka swang racho. Sab kuch mante jao. Jo bole so karo...

Step03 :- Shadi karo...6-12 month Goat (Husband) ke sath raho (Pata karo kitna kamata he, kitni property he.)

Step04 :- Bahan karke mayke jao.

Step05 :- Police ke pass jao. 498a ka false complaint karo. Goat ke pure khandan ka nam complaint me dalo. Maintance and Alimony ka case karo. Bakre ko halal karo.

Step06 :- bakra paise dega nahi to maiintance and alimony to court dega hi. Bakre ke pure family ko court me ghasit kar juthe blaim lagakar nanga karo....paisa to dega hi nahi to india me court use kute ki tarah date de de ke marega.

Step07 :- Bargain karke paisa lo case vapas lo....

Step08 :- Go to Step01 ...find new bakara and follow the steps again..

Good business...All other country has to learn business from India.

Great India
Great Indian Judicial System
Great Politicians
Great Indians.

Oh GOD do not send me in India as only great people are in india and i am not great and not want to be great.

Fri Jul 23, 07:43:00 PM GMT+5:30  
Anonymous Anonymous said...

Indian Law System is bull sheet.

In india you can never get justice.

So Only one way to get rid of this 498a Problem.

First :-Do not marry indian girl.

Second :-Do to abroad and marry non indian girl..(Divorce hua to bhi 498a to nahi hoga)....

Third :- Say not to marry in India.

If you r ready to become slave of your wife and you in laws then you can marry in india. Otherwise be ready to go to jail with your own family without any crime...(How to say no crime, you have marry 498a wife, its your biggest crime..worst then murder..)

So marry and be ready for becoming slave or criminal.

No third option !!!

Fri Jul 23, 07:50:00 PM GMT+5:30  
Anonymous Anonymous said...

Dear Jinesh,

Well written article! And yes, where there is a partiality law, there is abuse. However, if the woman has walked out of a marriage, she may have done so due to lack of happy options in her marriage. It is difficult to simply divorce in India, since the couple has to go through counselling before the divorce matter is even brought to the court. The counselling is stringent only to assure that both the partners want a divorce, and such that there is no injustice done to the boy/groom/husband. Blaming only the laws is not an absolute way to point fingers. If you look at the laws in India, filing a 498-A is not easy. Even the woman who files under this law is kept under scrutiny, unless she proves her demands are right and herself as innocent (check website if you like). Moreover, tell me, how can a woman compensate for her torture in her marriage other than monetary ways. How can she make clear to her ex/husband that she has suffered torture/pain/feeling of being unloved in the marriage? I am curious to know this... just scrutinizing the existing laws is not a complete answer.
A woman, in my opinion, will only demand ungrateful amounts of money if she has felt dejected, worthless and mentally disturbed in her marriage. It may be anger or it may be pain... I want to know your views on this....

Fri Dec 23, 04:12:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Just like there is No Justification for "Demanding a Dowry", Similarly there is no Justification for "Demanding Alimony".

Further there is no Justification for filing a False Case on anyone for the crime that is not committed.

Laws are blamed because reverse dowry is legalised which is alimony. Giving dowry is also a crime as per the law books, but till date, forget the conviction, not even a single person is arrested for GIVING Dowry.

In Majority of the cases, which women has even attended a 498a case? he stupid stree hatt of sabak sikhana hai is served by getting her inlaws' team arrested, reverse dowry is extracted and cases are quashed in high court.

As far as 498a filing is concerned it is not as difficult as you think, yes but to prove the false charges is an impossible task but since the purpose is served of arresting, she then plays goddess who forgives and forget and wants to come back or would withdraw if money is given to her as a permanent settlement.

Frankly the victim woman is not interested in money as far as my experience is concerned. She just wants to get out of the abusive relationship at any cost.

Fri Dec 30, 07:01:00 PM GMT+5:30  
Anonymous Anonymous said...

It has become a disease. My brothers friend a well reputed doctor was ceased with his passport, made to sit in jail. His career was torn into pieces. I believe parent who misuse such situations are pimps.

Wed Feb 29, 04:27:00 AM GMT+5:30  

Post a Comment

Links to this post:

Create a Link

<< Home