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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, May 01, 2011

Shoot the Lawyer Twice.

Never outsource your case.
“You're trapped in a room with a tiger, a rattlesnake and a lawyer. You have a gun with two bullets. What should you do?
the answer is Shoot the lawyer. Twice.

This is what majority of the people will tell you who have hired a lawyer thinking this is another superman/woman clad in a black suit and will rescue me from the clutches of my problems. People with no interest in what the case is all about, generally males who look for a “quick fix” to their problems with a runaway attitude suffer at the hands of wife, system, as well as lawyer. As a marketing guy I was always taught to sell maximum, similarly, I understand that a lawyer too will sell a long lasting case to you.

Wives do have enough godfathers in terms of facilities by the state or in person that enables them to blindly outsource her case. But males are always at receiving end, they often get tempted to copy paste what their wives do in hiring a lawyer, without knowing that it’s an imbalanced war on the chessboard. Your complaint with respect to matrimonial dispute cannot be more than a NC with police, while hers similar complaint against you can be a cognizable offence, thus bringing you to a negotiation table out of fear for further blind legal carnage. In such cases lawyers too are out of scope of any help.

“Where can I get a good lawyer?”
This is one of the most frequently asked questions to me on the helpline. And my answer is “if you do not have the grip on your case then no lawyer is a good lawyer.” Your thorough home work is a must else you will fall in to this trap of outsourcing your case.

Lawyers are mere representatives.
We often confuse lawyers with courts and subconsciously think that they represent courts. Lawyers notice  is mere tactics of scaring, is often confused as courts' notice. Opposition Lawyer's call is attended with a lot of restraint and stress (well I am not telling to provoke the lawyer but one must know that the lawyer is no authority on your case or life). Never resign your confidence in front of the opposition lawyer or your lawyer as you know that they work for money and are mere service providers. But again do not outsource your core decisions to them. They have no authority to certify your divorce or marriage.

Lawyers in pre 498a.
Pre 498a: A HUGE chunk believes that if you file for a divorce case against your troubling spouse or give a lawyers notice then you are in the riding seat and will weaken her future cases against you. Well NO! the system has a perfect designed loophole that will allow your wife to make your life an Official MESS. (initially she was alone in harassing you, now she will have the system for making an early damage.Who cares about the case or conviction, the arrests are enough). It goes like this
1. You file a case or serve a lawyers notice
2. She suffers from a huge rejection feeling
3. She is unable to differentiate that your notice/case is civil NOT criminal
4. She now wants to teach you a lesson
5. She approaches the sleeping tiger (the system) and the executor is the lawyer.
6. She is advised to file for...
a. False 498a – Dowry (this will initiate the arrest of accused for investigation by police)
b. couple with false 406 – streedhan (the non bailable factor becomes stronger)
c. crpc 125 – monthly maintenance (so what if she is working, April fool hai na)
d. Domestic Violence Act (even duckworth lewis would not understand this hirnayakashaypu’s boon to surpanakha)
e. rest add ons may vary from case to case.

Moral : Husband cannot file for a divorce case that will give him divorce.

Who knows the law better? you or me?
Appointing a lawyer is a lot like choosing a partner. Its like if you have married in haste then you may have to repent at leisure. If your suggestion /discussions are blindly turned down by the lawyer, who like an abusive wife tells you his/her qualification on your queries, you are in for more trouble and hence don’t wait for tomorrow, rather change this lawyer as soon as yesterday.

I paid the lawyer advance money so now I will win the case as he/she will fight for me.
Interestingly in one of the SIF meetings I was handling this question and another fellow SIF Commando Amol Khar noticed and pitched in by saying “when we are employed in jobs we are first made to work for 30 days every month only then we are paid money, if we were paid advance we would not have been motivated to work for the rest of the month”. Similarly know what your lawyers had done and is going to do before you blindly pay. The rates beyond a point are proportional to your fear and ignorance. Keep a check on your case. Your clarity, involvement and monitoring will motivate him/her to perform.

Are you aware what rights you have in the system? What options you have in the system? How motivated are you to know your case? Unless you are not in control how will you know where your lawyer is taking you?

Hence appoint your lawyer who will be your team member and not a greedy guide who would take you for a ride in an unknown place and slap a fat bill.  For this thing to happen you too should be in total control of your case. You should know your case thoroughly with what charges are filed against you etc. All papers of complaints and relevant documents should be crystal clear. Surf the net and websites of Mens Movement in India with law implications so that you know what you can anticipate and what options you have.

And if you feel the heat and realize that there is no “fool proof facility for male to get rid of an abusive partner” then yes you too should join the movement of voluntarily helping others who are as dumb today as you were, before someone enlightened you for FREE, and work for changing the system.

To wind up there is another saying for lawyers which is "What do dinosaurs and decent lawyers have in common? They're both extinct." Well I would say you can appoint a Human who knows Law and for that you should be in control of your case and the relevant info so the lawyer remains un-tempted and human alive. 

Hope this helps. All the best.


Anonymous Anonymous said...

Very interesting indeed. You have surely spoken out of a bitter personal experience. It's good that you have taken it upon yourself to help others. If it can't take away all the years of your misery, it will help ease the pain for many others and hopefully give you a sense of personal satisfaction in the process.

Sun May 01, 03:39:00 PM GMT+5:30  
Anonymous Anonymous said...

RIghtly said.I am keepin all personal objectives behind,till finishing the game.

Sun May 01, 03:50:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

thanks for the encouragement and good words.

would love to know your identity.

keep visiting, keep commenting and circulating.

that's my fodder too.


Sun May 01, 04:25:00 PM GMT+5:30  
Anonymous Anonymous said...

True, often than not, lawyers doen't inform the client of things they should know. They are vague about fees. Beforstarting a case it is better to confirm full case fee till result and pay part by part only.
[satish-sc432114 on sif yahoo]

Sun May 01, 07:02:00 PM GMT+5:30  
Blogger Sandesh said...

Though the title, may look violent, the overall post is very well balanced, keeping in mind, how lawyers, often loot people, and make money. Good advise too.

Sun May 01, 08:51:00 PM GMT+5:30  
Anonymous nick said...

I will give you an extra Bullet, Pl. shoot him thrice. You will do more punnya in this way, hence save many more from being misled on the path to Hell. 99% are modern day Thugs-in-Black. Problem is identifying, whether ur lier ( oops, typo ) is in which part - 99% or 1%. If u still need help in distinguishing, pl. reread blog.

Sun May 01, 08:54:00 PM GMT+5:30  
Anonymous Sagar said...

Nicely put the facts and truths that are really not wanted and accepted by general public. But it is so, so be it. Educating ourselves and fighting our cases is the only solution. Helping others will speedup and change the brutal process.

Thanks J for the wonderful article to educate our public.

The road NOT taken. .

Sun May 01, 09:12:00 PM GMT+5:30  
Anonymous Niladri Das said...

simply excellent!

Sun May 01, 09:57:00 PM GMT+5:30  
Anonymous Anonymous said...

you are doing a great social service ...keep it up....

Mon May 02, 09:15:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

thanks Anons, Sandesh, Nick, Sagar and Niladri for your comments.

Mon May 02, 06:26:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

thanks satishji and jaideepji for your opinions. keep visiting.

Mon May 02, 06:27:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Ravi Mishra's excellent Comment from Facebook:

Ravi Mishra Good one ..I would make snake to bite lawyer at Gun point and then at Gun point only, ask tiger to eat the body..100% sure..Don't waste bullet for such a bad cause. Follow Chankya-neeti

Mon May 02, 06:31:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Great Raviji,

I hope they obey you on gunpoint else they may spare the lawyer as a professional courtesy.


Mon May 02, 06:33:00 PM GMT+5:30  
Blogger menseekjustice said...

Very nice article Jinesh , brought out the essence of the issue.The ultimate learning is that ONLY ACTIVISTS can win their cases and come out with flying colours . People depending on Lawyers , judgment hunters and other Mera Kya members will never be able to win their cases like activists do .

ACTIVISM is the only medicine and solution and when you do activism you automatically get so much ammunition that you can win all your cases.

Tue May 03, 01:54:00 AM GMT+5:30  
Anonymous Anonymous said...

Hire a lawyer with the condition that he/she will give you his/her detail phone records every month. So, that you know he/she is not talking with your spouse or her brother/father/lover......

Wed May 04, 07:28:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

True said MSJ and thanks Anon for your comments.

@anon, I dont know how many lawyers will agree to this condition and how many would be interested in talking to siblings and folks, but yes the spouse thing seems valid.

Thu May 05, 11:30:00 PM GMT+5:30  
Anonymous Anonymous said...

Jinesh you have written step-by-step gide for women to harass.

It will be good if you can remove the details so that less women know about it.

Shame on the legal system

Thu May 19, 12:10:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Hahaha, @anon,

I understand dear your fears.

but look at the bigger picture. I have shared something that husbands never knew and wives always did even before I blogged.

This is just a whistle blower. so spread the caution! The modus operandi is exposed!


Fri May 20, 08:03:00 PM GMT+5:30  
Blogger Cave Man said...

Hello Jinesh,

I ve decided to change course of men in India through educating them through real masculanity. You and guys like you are most welcome to write guest posts about dynamics of love/relationships/women psyche/masculanity etc.

Tue May 31, 01:41:00 AM GMT+5:30  

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