Make a wish through a False 498a and DV act

If you are an Indian Wife and you want to fight, extort Money from your hubby, then Just Make a wish and the Wife Centric Indian Law would fulfill it. With so many 498a misuse cases seen in and around us in the society now everyone agrees that the misuse is existing and in majority of the cases. Because all realise that the cases are filed only with one motive and that is to fulfill a desire by Simply Making a Wish.

I was in college when for the very first time I came to know about an NGO called make a wish foundation who would fulfill the last wish of a Minor patient who is approaching an untimely death. Most of such wishes are to meet a celebrity or get a toy and spend a good time with them. Who would refuse such an opportunity as sympathy would never allow anyone to resist.

But a similar algorithm can be drawn as a parallel on the modus operandi to fulfill a demand which otherwise is an uphill task. But by executing this one can achieve a long awaited unfulfilled desire legally as well with sympathy and social pressure. I am talking about misuse of the Wife Centric Laws like 498a, 406, 315, 125 of Crpc and the Hiranyakashapu’s boon to Surpanakha that is DV Act. So now filing a false 498a and other sections to harass is like making a wish and judiciary and system will fulfill it.

The potential misusers are of two types one that are reported by executing the Make a Wish tool. It goes like this, wife wants a particular situation to happen like parents out of the house or a new flat etc she would express it to the Indian husband if he refutes or talks practical then she tries a legal formula to make a wish by writing her prayers to the police or Magistrate. She makes a wish to the husband by continuing the marriage by claiming that it is not a gudda guddi ka khel or she would simply want to quit but with parting gifts which are on her wish list and the catalyst would be a false 498a and its associated packages.

The other type is a very smooth operator. Who would claim to be a very good wife and could stump an individual as a caring wife because she will not file any cases of 498a et al. But would always threaten meticulously and get her wishes fulfilled without creating any statistics and only by selling fear through blackmailing.

Truly the Indian law judicial system is no less than a Make a Wish Foundation party that would fulfill the hidden wishes of the Indian wife openly in the name of cruelty, domestic violence, sympathy and a burden of duty by extracting and siphoning out the money from the male and his biological family members. But caution, as this prayer is allowed only to the Indian Daughters in Law, who can avail the benfits of legal pampering and extortion in the name of Women Empowerment in this so called male dominated society and biased Gender Discrimination. And make the most out of the dying marriage by creating nuisance for hubby and later selling peace to him.

Indian Husband or Husband of an Indian: Both Suffer.

Being a staunch Gujju Hindu and that too a hard core Mumbaikar it is very difficult for me to support a Pakistani. But I realise that a husband is vulnerable so long as the indian tag is involved in any way. Be it an Indian Husband or a Husband to an Indian, you are equally vulnerable as you are exposed to the misuse of the Indian Penal Codes on you.

Apart from civil dispute IPC 420 is still qualified on the pakistani cricketer on prima facie evidence. But a false 498a on Shoaib couldn’t stop me from feeling human first and then a class. The Ayesha-Shoaib-498a saga reveals the actual ordeal that a husband faces when wife wants a huge alimony. The husbands most of the times are victim of a failed marriage with no options left. But the wives do have options of 498a, 406, 315 etc to take parting gifts from husband in ransoms, Rs. 15 Crores (Rs.15,00,00,000/-) as a parting gift in this case as conveyed by the media, to recover the impounded passport, freedom and moving on.

I was faintly aware that Shoaib Malik was a husband of an Indian Lady as this was spoken in media quite often. When Sania Mirza and Shoaib Malik’s engagement and wedding was announced in the media, things went too fast as if it was a movie that covered a lot including Climax, Anti Climax, Suspense, Thriller, Drama and at the end Indian Police that comes at the fag end of the fight but this being a real story it was followed by a false charge, the usual blackmail and succumbing to the demand that is astronomic which wipes all the charges on now the so called accused.

I was about to write an article last year on how a Hindu Males of all classes and Muslim Female of lower class are the worst treated citizens in India. But amendments in the triple talak procedures and womens reservation bill made me place the muslim women in a better-off scenario. Not to forget I have muslim brothers too in SIF on whom 489a was misused very badly when they caught their wives cheating on them or when they were not able to fulfill her demands to match the monster called lifestyle.

I was receptive to Ayesha from the beginning, but only her side of the story was out. When I heard Shoaib I was still trying to figure out what exactly is so complicated in this case especially when Ayesha was openly asking for an Unconditional Talaq? But the next day came the formula that went public this time as it was a high profile 498a misuse that over shadowed rest. SIF has been protesting vehemently and trying to explain the people how husbands and their families are victimized and that is the Misuse of Section 498a and this episode prescisely explains how the same is misused on innocent husbands and withdrawn when an x amount is extracted. Shoaib the husband of an Indian was legally terrorized to fulfill and force a decision on him to settle the matter.

498a definition has a scope that allows a dowryless marriage to gift a parting wife get the Dowry (Sowry) from husband as an exorbitant amount. The irony is so blunt that a false 498a charge of dowry demand allows the wife to commit the same crime of extortion from the innocent husband with legal ignorance and protection. The system too lets the so called criminal free from the heinous crimes otherwise that he has committed on paper. The reason being the aim of extortion was finally once again achieved through 498a that executes legal terrorism.  This will stop only when the case is sincerely dealt with right from the police level till the final order where no compromise is allowed. Let us see how many cases then are filed when the charges are sincerely investigated. Else change the draft of 498a and its procedures.

I anyways do not wish to take sides here but yes I would like to mention that for the first time I felt that the kind of support Shoaib has enjoyed from Sania makes Sania a very level headed individual. Such an understanding from a Spouse is a dream. I wish them consistency and wish all the best. And pray that the bond lasts forever. While Shoaib is lucky to afford the ransom and move on others are not so lucky.

After live ordeal of the legal misuse of 498a and blackmailing its official that no one is bothered till one suffers. Nevertheless the ones who realise should agree that an Indian Husband (includes Husband married to a non Indian as per Indian law) or a Husband of an Indian both suffer as they are vulnerable to the misuse of the Indian wife centric law once they are connected with an Indian tag.

Jinesh Zaveri.