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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

Thursday, April 08, 2010

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.


Anonymous Anonymous said...

Very Nice article , Keep writing . Sohaib and Sania case is a just a text book example of how a 110 Kg Diabetic and overweight ( I have no prejudice on ones looks ) woman can trap a Husband with money and secure Rs 15 crores for the future . No one speaks on the hush hush Rs 15 cores that was paid by Sohaib or how the girl impersonated her younger sister when talking to Sohaib and then claimed to Ayesha herself at the last moment. There was also a similar case in Bengalooru with another Muslim girl who ,married 15 husbands and cheated all of them with the threat of 498A .

Fri Apr 09, 04:00:00 AM GMT+5:30  
Blogger Swarup said...

Great women, without even showing her face, completed all the job she need in 48 hours, anyway media allready decided, they will belive waht women say is right/true as they born in raja harsih chandra family and waht men say is worng and false, at the end, we need the proposed sexual harrasement law immediately, so that such men wake up when some women staff at his office will make a false alligations and take away his 50% earning, then only they understand, waht is indian law. Rest this is a learning for all, men are just a Free ATM machine, just loot them they way you want, no one is going to question them.
The basic think people do not understand, marrage disputes is a civil case, how the same comes to criminla law? It happens only in india.

Fri Apr 09, 10:10:00 AM GMT+5:30  
Blogger Swarup said...

I Saw Asheya Family openly said, no money involved, are they lie?How such news come in Mid day, they have taken 15 crs? As per Media wife are born raja harish chandra family, right?

Fri Apr 09, 10:11:00 AM GMT+5:30  
Blogger Swarup said...

Green Hunt by PC: Say I am a Naxal and this is my Gun, get 2 lacks/job/support from Goverment.But say I wasTaxprayer, worked hard till date and lost job due to 498A/DVact/Crpc125 by my beloved wife and seek a Job, will go in Jailed along with your all mother/sisters also i.e Our Goverment , What a Idea Sir ji...Suck the blood of Taxprayer and feed the Naxals.

Fri Apr 09, 10:12:00 AM GMT+5:30  
Blogger CruiserDeep said...

The problem is only that Shoaib Mailk should not have been charged with IPC 498a, since even if Ayesha's statement is considered true the allegations do not amount to the crime under IPC 498a(theres no account of cruelty that would have lead to loss of life or limb, or dowry harassment which caused such cruelty). Thats our first point of contention(see http://www.vakilno1.com/bareacts/IndianPenalCode/S498A.htm for definition of IPC 498a)

The next point is that he should have been tried in a civil court to determine whether there was a valid marriage or not, if there was a marriage Ayesha would have got a divorce(as that was all that she wanted supposedly!).

Now with the news that Shoaib had to give 15 crores to get him off the hook, its all clear that somebody/or a group of somebodies/Stakeholders of 498a India Ltd. wanted hard cash and not just a divorce and she beautifully misused the IPC 498a.... like it has been misused for decades now!.

Read http://at498a.blogspot.com/2010/04/shoaib-feeds-498a-industry-by.html to know about the 3000 crore "industry" this IPC 498a has spawned(3000 crore only considers the Bail security amount, but if advocates bail fees(in India 30-40% of all bail cases are of 498a!), maintenance to wives, alimony and out of the court settlement amounts(like the 15 crores in Shoaibs case) are added to the tally this industry will be more than 20,000 crores easily.

Shoaib as an individual is not at all the point, the large scale extortion and oppression racket which destroys the families in India is the crux here.

On second thoughts Shoaib should have been treated like any other person in this situation, in fact since there was an IPC 498a case on him(which the Police should not have taken in the first place), he should have been pulled up by his collar and put on remand/jail for a couple of weeks/months(like other Indian husbands would have to undergo) and then he should have been made to run around Indian courts for a decade or so (if and after he gets a bail!).

Instead the system here facilitated a soft landing for him in return of the 15 crore ransom moeny.... and that my friend was the whole objective of this game!.

Fri Apr 09, 11:36:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear Anon,

Thanks for the comment. You have highlighted the key point, would insist to mention atleast your pen name.

Dear Swarupda as usual you are bang on the points worth to be noted.

The power of this omni potent 498a has enabled ayesha, now the case being public, the girl has not even shown her face. where is she?

why is nobody talking about alimony as a mental cruelty esp when the amout is out of proportion.

Dear Cruiserdeep,

Excellent analysis and wonderful insight to the areas that are not considered while dealing with the misuse problem. no doubt 41 a crpc was opposed by the legal pimps.

Fri Apr 09, 01:09:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

dear swarupda,

i forgot to add in hurry that infact alimony is also economic and emotional abuse of the husband and his family.

Fri Apr 09, 01:11:00 PM GMT+5:30  
Blogger Swarup said...

Do you know the best oscar awarded Band Music of India: "Hus-Band"-Aapki band bajegi aur aapko hansna hai - "Hus-Band....!!!

Fri Apr 09, 02:16:00 PM GMT+5:30  
Anonymous Anonymous said...

This 498A section is memorised by most of the criminal minded mother in laws and they are exploiting the same. Even they used this on me. When the MIL wanted that her (married) daughter and her earning should be channelled to her (MIL's ) welfare only, then she started abusing the Son in law with verbal humiliating comments, with frequent threats like "If I give a complaint to the police, they will simply lift you, believing what ever, we the women say, and then make the rest of your life a miserable one. It is really stunning, why government is playing inside a husband-wife relation, by just -over-powering, in the name of empowering, the wife. Me and my wife had a loving life of 18 years. But the MIL could shake this, only with the threat of the Domestic violence acts or so. Now, the husband is driven out, lives in some other part of the state, without able to see the offsprings. Tears. Whoever is responsible for this, let got punish them with the same still severe sword. The affected, annonymous

Fri Apr 09, 10:03:00 PM GMT+5:30  
Anonymous Anonymous said...

Proof that 15 crs was exchanged?

Reason why Shoaib insisted that marriage was not consummated, but retracked when the clothes was brought out ?

Reason why he had told teammates that he was married ?


Thu Aug 12, 05:53:00 PM GMT+5:30  
Blogger mahebub diwan said...

really It's misused of law its need to alter by the legislate

Sun Aug 12, 12:22:00 PM GMT+5:30  

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