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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, April 01, 2011

24x7x365 April Fool of Indian Husbands & Courts.

I Always wanted to write this article from past 5 years but was missing this date of 1st April, due to some or the other work.

On 1st April one makes a prank on a victim, misleads him and later the victim discovers that he is been made a bakra. Husbands and the Indian Courts are the biggest Victims of Pranks year on year. Seven years ago, it was tough to prove the point that 498a is misused widely, as every time husbands were told that "it was an exceptional case of their suffering, otherwise in every other house the wife suffers". Now thanks to RTI, Supreme Courts’ intervention, Malimath committee report, media and NCRB data, the real picture is out.

498a with 406 is filed when wife is alive hence don’t mix it up with dowry death for arguing, as dowry death has a separate IPC. Now, in the court rooms, 498a has clocked only 2% conviction rate over the years, that means that 98% of the times the 498a was not qualified due to irrelevant evidences hence DV ACT was born. And well 80% of the times prima facie evidence were found as false and the inlaws were released immediately after arrests due to unqualifying and fraudulent charges. But with damage already done on the image of the god fearing husbands family. In other words they were already punked and magistrates  were fooled along with the husbands’ family with a presentation of false cases by the alimony brigade. The only way out from the non compoundable cases was to succumb to the alimony and settlement blackmail from the bride's camp.

It was always found out that the case was very weak and a byproduct of ego and misunderstanding of a stubborn bahu. More of an output out of an agenda to teach a lesson to the Indian husband. But the police as a protocol or due to pressure from TOP or lets face it - 99% of the times motivated by money, get a false case registered and produce the victims in the court. They call it a duty to report to the magistrate. This prank has its cascading effect. The bride with or without lawyer tells her false sob story to the police (1st level fooling), police by close probing actually brainstorms a fiction to make a case and F.I.R (2nd level fooling). This case now entitles the police to arrest the husbands family and produce them to the magistrate for bailing out. 

Govt Statistics show that out of every 100 cases, 98 cases suggest that they are motivated and intended for financial settlement and they meet that fate. This proves that false stats are actually believed to form  general opinions and new laws. These false cases further are used to harass more families with new laws. Fooling Galore continues 24x7x365....

However, after huge uproar of the victims, 498a came under a check recently and the suggestions were invited for improving it. But the fooling of the magistrate and judges continue by wives in different ways directly through courts without involving the police at 1st level. The new fooling source is via false Domestic Violence Cases increasing day by day and Monthly ALIMONY to the able bodied wife on Husbands.

Yes its true, that to get a Grab of the husbands property or the so called matrimonial home, the DV cases are widely filed with lies and false evidences and Alimony... well we know the truth as wives have made the biggest fools of the courts by lying on oath that they are unemployed and depressed to work but when they are caught working, they lie by saying that they are simply engaged in training at a company or shop for refreshing with no income.

On the other hand, there are guys who have really lost their jobs due to stress of cases etc. but the fooled judges under sympathy make them pay through the nose and they are labeled as liars.  Judges shamelessly ask them to pay money (reverse dowry) and brides ask for exorbitant amounts for maintenance. Thus we witness Successful Fooling of court representatives and in turn fooling of the husband by the magistrate who may be a victim to the lies and so would be his judgment. All said and done, the biggest losers are the Indian Husbands 24x7x365.

The winner is the feminist metro bride, who still would cry of the bad situation of Indian women, and would justify that how by paying her 'alimony', the injustice on women in past since so many centuries would be undone. While there are brides too who suffer and they need protection on hand there are liars and fool makers in manifolds on the other hand.

The only way out is a neutral suo-motu misuse clause which will act as a deterrent in all cases, which is highly missing. Instead, constructive solutions should be enforced where estranged bride is reminded of her duties along with rights and if required she should be educated and made job ready so that her finances are secured and the fooling of judiciary 24x7x365 would stop, the exploitation of husband and national time and money would also stop.  This will also create a better individual feel good quotient.

But today, Indian Male the 82% percent tax payer is made to feel guilty for his existence as a male, and the false sobbing of the 'alimony brigade' on the other end continues with more false examples and stats of suffering. Thus making a fool of the family of Indian Husbands and the Indian Courts. Also fooled are public who only react to stats without questioning its authenticity till they become the target.

Have Full Proof and make system Fool Proof.

Jinesh Zaveri.