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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

Saturday, October 22, 2011

Nazar Lagi Raja Tore Bangle Parr - Wife's Equal Share in Hubby's Assets.

Maharashtra, Arguably the Feminist Capital of the country in Implementing Laws, soon may be Bombarded with one extremely biased anti-husband Law. An overboard Feminist View is about to set in. Once Again talks of Wife's Rights, NOT Responsibilities. Apparently looks legally Dictatorial and would leave Wife fully Empowered like the British and leaving the Indian Husband "Helpless" like a wounded Kashmiri Pundit Out of his own land or more like a P O K - Patni Occupied Kholi. 


There are so many loop holes in this Idea of Empowering Wife.
First there is no clarity of period of marriage. 
- Can a wife claim property the next day of marriage? 
- Can a wife of one year while divorcing, with no kids and limited joint stay claim half of assets of husband?
- What about a Daughter who has been dumped by her brothers and father, will she have to get married, dupe a man and only then she would get property or will she be able to claim her fathers property equally strongly?
- What about a lady who will marry 2-3 times not find things compatible and every time divorce her hubby with 50% of her assets? (there are cases of short lived multiple marriages of women)
- There are marriage where union of husband and wife has been as short as 1 year and few months and separation of 5-6 years and more. In such cases how can one claim that marriage has been long and wife should get her due share. 
Its all so bizzare as of now. Only one thing is clear, the father can "dump the daughter" by getting her married, by lying to the groom. And later if the girl has to get divorced, the father is not Concerned. But husband has to bear the brutal consequences in form of a Lagaan. That is share in his property and assets "one way". Like telling Nazar Laagi Raja Tore Bangale Par.

I will wait till I get the Humiliating Draft of the bill but 2 headlines in TOI has spolied my Diwali once again like every year. One headline bombed on Tuesday and the other on Thursday. Here are the news details. They discreetly introduce such bills or call for meeting to discuss on strategic days so that most men are busy elsewhere. (This meeting is on 25th Nov, Tuesday on Dhanteras.)

The Link for the TOI news Item. (details pasted below)

MUMBAI: Women, who often find themselves on shaky ground as they have no property in their name even after decades of marriage, may have a reason to smile. Prominent women activists, including advocate Flavia Agnes, are all praise for the State Commission for Women's initiative in proposing a bill to make a woman a co-owner in the property of her husband.
Activists from women's organizations like Majlis said the fact that the commission came out with a concept note and called for a collaborative meeting with voluntary organisations and advocates on October 25 to discuss and fine-tune the proposed bill, gives hope to millions of hapless women who are left at the husband's mercy, activists say. "Majlis welcomes the move of the Maharashtra state to bring in a legislation permitting a share to women in the property of the husband," Agnes said, adding, "This is a timely and welcome move.
Majlis had been campaigning for this issue since 1995 and had even helped the Maharashtra State Women's Commission draft a bill on a wife's property rights around 10 years ago. But nothing much moved further, said Agnes. "At that time, it was envisaged that the Domestic Violence Bill would address the problem of women's matrimonial residence," she said.
Agnes and other lawyers focusing on women's legal issues said that the Domestic Violence Act did not solve all the issues for women. The problem again surfaced when the government was proposing introduction of a bill on irretrievable breakdown of marriage, said Agnes, pointing out the need for a comprehensive law on women's right over matrimonial property.
Veena Gowda, women's rights advocate said, "It is high time that there is a discussion on the property rights of a woman within a marriage. The problem really occurs when a long marriage fails and the woman finds herself vulnerable as she is left with no ownership rights over the matrimonial property." Activists say if the purpose is to save a marriage then at its inception itself, wives' security must be addressed. "Property rights must be brought in on grounds of equity and not merely on equality, as the idea is to secure a woman's rights and sense of belonging to the new family that she is starting," added Gowda.
Former State Women's Commission chairperson Nirmala Sawant-Prabhawalkar favoured the move, especially to ensure that women feel financially independent. "It is a progressive step, one that must be followed up as it would bring relief to millions of women."
The commission's concept note wants a woman's name to be included in her husband's inherited property too but at the same time offers independence to the husband to retain what he gets as gifts. It also proposes that a husband should be able to approach court for orders if the wife, whose consent will be required for sale or transfer of property, fails to give any bona fide reason for her refusal.
The key question expected to be discussed at the meet, is what happens when there is a divorce. Often women lack any right to shelter when they need it the most, said Prabhawalkar. Some of these issues need to be worked on, said a member of the women's commission.
Agnes said the state's move is important for another reason too. She said activists had submitted before the Joint Select Committee of Parliament that without a legislation on the division of matrimonial property, the bill on irretrievable breakdown of marriage would cause serious harm to women as men would be able to obtain a divorce and deprive women of their right to shelter and security which marriage provides.
Agreeing that difficult yet crucial issues will be raised, women rights activists are happy that "at least the debate has started".
BOX:
Issues
Will only the husband's property be divided or will the wife's property be divided too?
Will the dowry that a woman brings into the marriage be deemed to be her separate property or joint property of the spouses? Experts said it may be necessary to separate the property which a woman brings into the marriage
The issue of working women will need to be discussed too, added advocate Rina Pujara
Quote
"In the Indian setting we have to deal with two main issues. In most cases, the matrimonial house is owned by the father-in-law or brother-in-law, or the business is jointly owned by elder members of the husband's family and his own share in it is negligible. In that case what will be the woman's share?"
Flavia Agnes | advocate

8 Comments:

Anonymous Anonymous said...

there is more to it than to the eye. thanks for this post. firstly these woman's activists rather wives activists are a pack of liars. a little knowledge is a dangerous thing. you know we all know there will be so many commission takers if such a thing becomes law. mera bharat mahaan daridra desh. aisey tarekon se dogley agents dalal lawyers police kamayenge. truth is bitter. let's resist with all might.
Satish-SIFF MUMBAI

Sat Oct 22, 07:43:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

i agree with you satish.

Sat Oct 22, 10:16:00 PM GMT+5:30  
Blogger CruiserDeep said...

Check out: http://supari.org/hrln/ , at this Human rights law network seminar, a lady speaker said in so many words that "We first brought out IPC 498a, which did illegally arrest Men(and his relatives), but we could not clip their wings and bring them under our control, since they had money to bail themselves out(and others caught(arrested)) in the web of false women-protection cases.

So next we devised the DV act to decisively hit men where it hurts the most, that's his pocket!... once we are able to clip him by emptying his pocket, the rest is easy!. So in short .... 498a is for arrests and related trauma/torture and hence emotionally finishing him off, and DV for economically destroying him!"

Yes this is the original idea behind the DV act, the women who file false DV cases will actually appear nice in contrast to the sinister women & their cronies(like the woman who spoke as above) who laid a well-thought of trap which we all now know as PWDVA(Protection of Women from Domestic violence act).

The real problem is NOT the bad people who are misusing these laws, the real issue is that these laws are thought of & designed with sinister intent and slyly implemented to promote more and more misuse!.

And why misuse is desirable for these vested interests?, since 1) it is a money making cum self-sustaining industry, 2) it creates more single frustrated women who can then be easily recruited to be the new front-liners for the feminazies and generate more system breaking laws, systems, public schemes and situations because of their increased lobbying power(more single women joining the ranks of feminazies result in more lobbying power).

This , my friends, is a well oiled(funded) , self-sustaining, machinery for wrecking peace in families(the basic units of any nation) and slowly wrecking and capturing/controlling entire countries.

Welcome to methods of neo-imperialists, earlier they used to be known as the East India company, now their ilk are known as the "illuminati"(or rich, humungous, country-gobbling corporations... for illuminati non-believers). And their pawns being feminazies, misguided teens high on drugs and wrong/corrupting ideas injected in the name of fashion and in-vogue trends/popular culture, which are all intentionally manufactured and placed strategically for consumption by the gullible!(mostly some frustrated and unscrupulous women and other persons who are weak and lack solid foundations/wavering/impressionable) .......

Watch your step dears, they are out there to get you!

Sun Oct 23, 03:43:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Excellent Presentation of facts Cruiser.

Infact i say Victim families are the direct 6th & 7th Pay commission of Police and indirect of other vultures in this Auto Pilot Module.

Sun Oct 23, 08:14:00 PM GMT+5:30  
Anonymous thinking?gender said...

Excellant post ! Rights without Responsibilities is what is WIFE in indian legal system.

Fri Oct 28, 02:35:00 PM GMT+5:30  
Anonymous Anonymous said...

A thought provoking one indeed, Jinesh
BUT
Female's not weak enough to depend on a meagre 50% share.

Jagjit Singh's sung couplet says all,"... Yaan to Mujhey 'sab' {togetherness, complete surrender} Kuchh Hee Chaahiye/ Yaan Kuchh Bhee naheen." Its not only the question of surviving on little perishable property but also that of LIVING a contented and harmonious life with soul mate (Soul mates are the dreams to be read in Richard Bach's pages in the present scenario).



She DOES consider her Rights and Responsibilities and is pretty aware of them.( Exceptions are found all over)
---A big No to such petty shares.

Fri Nov 04, 02:21:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

thanks thinking?gender for your views.

Mon Nov 07, 04:43:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

dear anon friend.

hats off to you.

wish all women thought like that, then such new lousy drafts would not have come.

there are a very few women who think without prejudice and understand the meaning of coexistence. unfortunately they too are victims.

why did feminism fail in germany and russia when it was gripping the world once? the reason is majority of women there had lost their husbands in world war II and they knew the vacuum without a natural counterpart.

the real purpose will never get solved due to a law it will always be misused.

Mon Nov 07, 04:47:00 PM GMT+5:30  

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