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(Guest)

A COMMERCIAL POST

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(Guest)

ha ha good take............

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(Guest)

Respected Sir,

 

Are we also not trying to educate women and lawyers on this forum on "how to win a false 498A case?"

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(Guest)

ya tats cool... . dial above mobile. number to file false case , rightly said a commercial advertisement

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(Guest)

in another post mr / mrs prabhakar dint reply to q : how many times did u instigate a wife to file false criminal cases against husband or inlaws? may be u get the answer as above

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adv. rajeev ( rajoo ) (practicing advocate)     19 August 2010

Due to small  misunderstandings between husband and wife leads to 498A.  90% of 498A cases are all false cases,  Of course it is a commercial advertisement

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sivani (engineer)     19 August 2010

Mr Prabhakar, Please keep up the good work.  Women need more men like you in the society who can understand the true picture.  You have given the real scenrio of what happens. 

@cool and others, if you see Mr. Prabhakar's advise, it says 'stick to the truth', so where does your comment 'How to win a false 498A' come from?  This is typical on this site.  As long as it's a  women's complaint it  has to be declared as False and as long as it's a male complaining it should be treated as True.  For men it's 'Heads I win, tails you lose'. 


(Guest)

 

? THE REAL MOTIVE BEHIND THE POST? COMMERCIAL OR REALLY FEMINIST

see below link

Supreme Court wants govt to review dowry harassment law

By : Legal Fighter on 16 August 2010 Print Print this
 

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The Supreme Court is so worried about the misuse of the dowry harassment law that it wants the Centre to assess it again.

The court has also said that lawyers should not encourage clients to file false complaints alleging dowry harassment and should ensure “that the social fibre of family life is not ruined”.

The court made the observations while quashing a criminal complaint filed by one Manisha Poddar against her husband Manish and his family. Manisha’s complaint, registered in 2007, said that her in-laws had demanded a luxury car from her parents.

“The reason for filing the complaint was to harass and humiliate the husband’s relatives,” a bench of justices Dalveer Bhandari and KS Radhakrishnan said.

In earlier judgments, the apex court had warned the police against encouraging complainants to exaggerate allegations against in-laws. This time, it offered the same advice to lawyers, saying “they [lawyers] must ensure that exaggerated versions of small incidents are not reflected in criminal complaints”.

The court also suggested to the government that the anti-dowry legislation be reviewed since most complaints under the law seem to be filed in the “heat of the moment over trivial issues without properly thinking them out’’. The court made the observations in a judgment given on an appeal by one Preeti Gupta from Surat and Gaurav Poddar from Goregaon, Mumbai.

Gaurav is Manisha’s brother-in-law. Manisha said in her complaint against her husband, Preeti, in-laws Pyarelal and Shushila and brother-in-law Gaurav that they demanded a luxury car from her parents when they visited her parents house to attend a festival in 2007.

But, it was found that Preeti and Gaurav had never visited Manisha’s parents’ home.

Besides, the court didn’t find evidence to show that Manisha had been assaulted. So, the judges said if the couple was unhappy with the marriage they could have filed for divorce.

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(Guest)

Dear Sh. Prabhakar

 

Very good explanation...I appreciate you for bringing forth the reality behind 498A cases and for urging women how to file cases with honesty..Sivani is right.the judiciary needs more honest people like you

 

You know i faced similar issues since my harassment was not due to dowry harassment,but because of bad temperments of my inlaws,husband  and due to the fact that they expected the daughter inlaw to be a slave to them and tolerate their abuses silently,as they believed this is how a daughter inlaw has to submit herself in  a Hindu family.They never wanted me and my husband to be each others' friends becoz accordin g to them, husband and wife cannot be friends after marriage..Similarly I should not spend a single penny on myself without consulting husband and motherinlaw...............There are many more instances of my suppression....

 

 

In police station I was advised to include dowry harassment ,or else my case won't be taken seriously...But i refused to lie......Even though the FIR was filed,during mediation my inlaws were "praised" by the mediator for not doing dowry harassment and that the barbaric harassment from them were just "misunderstandings"( even theough i was abandoned for 3 yrs. after facing so much cruelty)

so i was forced to accept this settlement as per their terms and conditions..and today i stand with no justice.

my divorce is not done yet due to long leaves by judges,my present lawyer hardly coming in hearings to support me after fleecing me of almost 1 lakh Rs. and the mediator on their side,and representing them in court as their lawyer,while they are taking adjournments just to harass me..............and i am emotionally drained since i have paid so much fees to my lawyer, but to no avail..


(Guest)

@Sivani: "As long as it's a  women's complaint it  has to be declared as False and as long as it's a male complaining it should be treated as True." - If you see the stats from NCRB, then you will not talk like this. More than 94% complaints are false. This is true that complainant add masala in her complaint but believe me if she doesn't add masala then IT WILL NOT ATTRACT 498A. Simple injuries DO NOT attract 498A. Lawyers can refer the judgement of HIGH COURT OF JUDICATURE AT ALLAHABAD (Court No. 48) - Criminal Misc. Application No. 1240 of 1999.

 

@Aishwarya - You are bound to suffer. You filed 498A because you were not allowed to be friends with your husband, you could not spend a single penny.

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(Guest)

@ cool

 

even though you are mocking at me,u have only stated the truth.....

from your remarks i can make out....u do not believe in being friends with your wife,but want her to be your slave,your cook,your parents' servant and an ayah to your kids.shame on you!

i hope your sister or mother also go thru same hardship.then u will be the first one to instigate her into filing cases...

 

PS-it's better not to pass personal comments on someone as long as he does not provoke you.I hope you have learnt these basic manners..

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(Guest)

@Aishwarya: Thanks for your kind words. I am neither surprised at all nor feeling bad at your post. I was expecting such a reply from such a lady in such a situation.

 

First of all, I never said that I don't believe in being friends with wife. Did I? I only wanted express the resons for which you filed 498A on your husband. The reasons which you mentioned in your last post were not enough for filing a 498A. If there are adjustment problems (now I am NOT saying adjustment from your side only, it should be from both sides), then it could have been discussed and settled amicably. One should leave his/her ego aside to start the process but if wife doesn't initiate then husband can't do anything whereas if husband doesn't initiate then wife can (you are aware of the things) .

 

As mentioned by you that I will be the first one to instigate my sister / mother to file 498A then I would like to clarify that I know what a 498A can do. It simply destorys families of BOTH sides. My sister did suffer but I or my parents never advised her to file 498A. There may be some minor tiffs going on between my sister and BIL but we do not interfere in their personal matter. I do not recommend anybody to interfere in their daughter's or sister's marital life. This is one of the biggest reasons of filing a 498A complaint. Let her handle on her own. If the things are out of her control then others should step in. Otherwise, what shall I say,  you also know the results!

 

When you share your personal stories on such a public forum then personal comments should be welcomed. If you do not like then either you don't share or just write a disclaimer stating that you do not welcome personal comments.

 

You are free and welcome to oppose my views. :)

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(Guest)

@ cool

 

thanks for writing to me in a refined manner

 

first of all its not possible for me to write all the 100s of incidents to make u believe why a 498A case was filed by me...

 

i just told here 1% of my story.......and i m sure that this 1% will not convince anyone as to whyy i filed 498A

 

in short i faced physical abuses,verbal abuses(gaalis used in p*rn sites),financial abuses etc.

i was abandoned for 3 yrs despite me n my parents trying our best to convince my hubby n my parents to get my visa issued to return to him(he's posted abroad)...till now we dont know where he lives as he never disclosed his addresses.....

 

.i was he;ld captive in my inlaws house wen i lived alone with themout of duty,wich we gals have to do at all costs,despite me knowing that my mother inlaw is an abusive lady. and here i was not allowed to go out of the house to even get fresh air.

and many more incidents..............still we dint file 498A.............wen we heard that he is trying to leave his present country to migrate to another country without informing us,then we had no option but to file it to stop him,or we wont be able to trace him at all..........

 

please dont assume that we never4 made efforts for reconcilaitionn.we did for 3 yrs.........but only got more abuses as they thot we are weaklings.........these 3 yrs my retired dad supported me financially as i had no job...........i first had to take professional education.and even now i m jobless,as my age is more for job now ...

so life is not easy for a lady after separation.all i m getting is a meagre alimony.and my hubby who earns several lakhs is the only child.........so has no liabilities.but he was not generous enuf to give me a decent alimony so that i cud lead my life in dignity

 

its my polite request to all members here not to comment personally upon some one unless they are sure of his whole story............becos wotever adjustments i have been advised have all been tried by me and my parents for almost 3 yrs................but to no avail.even i m not fond of going to police.indian police officers are v.rude.but i was forced to

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(Guest)

@Aishwarya: The way you were forced to go to police, the same way your husband may be forced to leave the country without informing you. He may be fearing dowry cases from your side so he wanted to flee the country. Isn't it? And you would also have been at fault otherwise no husband would like to leave his wife without any reason and invite police, court and jail. You have narrated your own story here, it doesn't mean your husband has nothing to say? Nobody is fond of and would like to enjoy speding time and money on police, court and jail.

 

Your husband is a criminal (you filed 498A because he deserved as you mentioned) and you still want his money to lead your life in dignity? How is it possible to lead a life in dignity by using a criminal's money? Why don't you divorce him without any alimony?

 

You wanted equal status like your husband at inlaws place. Now  you are now well qualified then why don't you earn for yourself? Why a wife wants equal rights as husband's until 498A is filed? After 498A, why she looks for money in terms of alimony or maintenance from a criminal? Why she becomes ABLA naari after 498A? Why can't she earn on her own?

 

Now please stop showing / portraying yourself as an abla. We are here to discuss the problems and get their solutions form the experts. Let us not make this site a gender biased atleast.

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(Guest)

Sh. Prabhakar,

Actually, it is a good article for a change and depends how one takes it but let me add that a Advocate advising in a public forum about it is the expected part (read it was high time due afterall) that is all safely I will speak to your article as a fellow professional (PS.: I'm not an advocate like you but an professional aam adami he he).


I invite, if you may so please, to comment on my article on S. 498a IPC as a fellow professional point of view.

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