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Roshni B.. (For justice and dignity)     20 November 2010

Don't manipulative inlaws misuse laws thru crocodile tears?

in most Domestic violence cases it's seen that husband's parents have a large role in abusing the bahu and creating misunderstandings b/w the couple...this is more often in cases of mother inlaw.

but when cases are filed against such inlaws,they try to get reliefs from court on grounds of old age,sickness etc(they will show a nakli medical certificate by bribing their family doctor).but to abuse a daughter inlaw verbally,emotionally,etc one does not have to be in v.sound health.similarly if streedhan is hidden and not returned  by inlaws,it can be dun even by old sick inlaws.its not that they need to be v.robust so as to manipulate.

 

as a result courts prolong hearlings,adjourn,give them relief etc only because they are old & so called sick .

after getting relief of not attending hearings etc,they poison their son & situations  from the comfort of their home

so,dont such elderly people also misuse these laws like this?till now people say women misuse laws...

 

what can be dun so that they stop tricking and manipulating the laws,judges etc by shedding crocodile tears and are also held accountable?



Learning

 24 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 November 2010

Nobody can do anything for such acts of the old age people who are facing the trial.
 

1 Like

Roshni B.. (For justice and dignity)     20 November 2010

dear Rajeev jee

thank u for replying.

but i have seen it myself how these elderly people prolong hearings thru adjournments etc by pretending to be ill...

when they get so much time from court,they get more time to manipulate things before the next hearing happens and months pass by.

even if we assume they are ill,shud adjournments be allowed at the cost of making the petitioner suffer indefinately?

what's the way out so that hearings go on without a break?

Arup (UNEMPLOYED)     20 November 2010

" what can be dun so that they stop tricking and manipulating the laws,judges etc by shedding crocodile tears and are also held accountable?"

- FALSE CASES ARE TEN TIMES MORE THAN THE REAL CASES.

2 Like

Saurabh Vashist (N/a)     20 November 2010

Dear Roshni

 

This trauma of 'innocent' is incorgible pattern of our courts. Only when the arrow of time has wreckened havoc on the pity innocent person, does these courts move an inch.

 

Only your advocate is capable of turning arounf the table in your favor. Either instruct your existing lawyer for better performance OR opt for another one.

 

Having said this, I purely believe that the situation is same when a "bahu" slaps false charges against ALL possible in-laws. She shed crocodile tears and innocent in-laws have to spend days and even weeks behind the bars for no fault. Isn't this unfair? Even Hon'ble Supreme Court of India has recognized 498-A being the most abused provision amongst women.

 

//peace

/Saurabh

Arup (UNEMPLOYED)     20 November 2010

I HAVE HEARED THAT SOME CROCODILES WHISPEARING, - THE SO CALLED ' BAHU'S MISUSING THERE VALLUEABLE TEARS AT POSTING AT LCI

2 Like

Sreenivas V (S/W)     20 November 2010

@Roshni,

My case is just opposite of you. We want our case to be resolved soon as it is a total false case. But girls side is purposelfully delaying it. So we went to high court with all the details of trial getting delayed. Now high court gave the lower court an order stating to complete the case with in 6 months. The reason for this is that my parents are elderly and getting postponed of the trial like this to avoid the trial by girls side was the reason as it was a total false case.

1 Like

Roshni B.. (For justice and dignity)     20 November 2010

dear Mr. Saurabh and especially Arup

please dont keep dragging 498A cases unnecessarily in every thread when they are totally irrelevant to the thread title.

DEAR ADMIN,I request you to remove these posts of Mr. Arup where I am seeking a legal advice and he's talking of irrelevant issues like false 498A cases,& trying to attract attention of other like minded people,so that the talks of 498A cases start in this thread and the advice which is being sought is ignored.

i also request you admin to remove this thread of arup where he says i am shedding crocodile tearshis intention is clearly to provoke other members so that personal attacks start here and the environment of this forum gets polluted.

1 Like

Roshni B.. (For justice and dignity)     20 November 2010

respected admin...

 

please remove posts of sreeniwas also,for the same reason as mentioned above.

Saurabh Vashist (N/a)     20 November 2010

Dear Roshini,

 

I gave you an advice first then explained you the situation. My purpose behind explaining the situation was to let you know about the thinking which Hon'ble Judges have nowadays.

 

My post was not to initiate any absurd talk abt 498-A however it was only to open your eyes. And for your information this is a public domain where members are allowed to post openly. Such behaviour of yours would only dishearten and restrict people from helping you. Rest is your choice.

Sreenivas V (S/W)     20 November 2010

There is nothing wrong I mentioned here. Looks like my comments were not read properly. I clearly mentioned when a case is being dragged by girl/boy there is a way to speed up the case so that without any breaks the case trail will be complted fast and the guily will be punished.

The answer for @Roshni question is go to high court and get orders frrom high court so that the there will be no breaks and case will be completed fast.

1 Like

Roshni B.. (For justice and dignity)     20 November 2010

@ saurabh jee

i apologize  for my conduct

yes i acknowledged your advice and therefore am asking the admin to only remove threads of arup and sriniwas.

its a public forum and people are free to post views;noissues.

but here i am seeking a legal opinion;not views.

for views one can write as many times as one wants in threads where a social issue,news item etc are being discussed.they can write here also in form of advice.but u saw just now how arup is in the mood to discuss false 498A cases and to pass comments on me,which is a routine here at LCI.in every thraed,even when it has nothing to do with the query,false 498A cases are brought up by these very members like arup and the main query gets lost somewhere.so i cautioned the admin,lest this thread shud be bombarded by personal attacks and irrelevant issues again.

 

i once again thank u for your valuable advice and ask other members and professionals to guide me in the question i asked

 

Roshni B.. (For justice and dignity)     20 November 2010

Thanks sriniwas jee

 

and my apologies also..

manish kumar (Lawyer)     21 November 2010

The procedure established for cases has been made to ensure both sides equal opportunity to contest the case. The Judge has discretion to adjourn, if deserving issue is raised. Its up to the Judge to see through false pretences and in all such cases as pointed out by you, prayer should be made before the Judge, supported by contrary pleading to demonstrate that conduct of accused does not deserve any leniency. Just because some or most manage adjournments on false pretext, does not mean, the Judge has to frame a universal rule to deny relief to all!


(Guest)

Dear Roshni,

The cases like this one are very sensitive and it is imperative to understand the human phsycology  for the same. It seems this case is fit for a Marriage councilling and if still you are dis satisfied & the court gives the elderly people an excuse for not attending the court ,still they can ask the old parents to file there reply by way of affidavit. This will help you to expedite the process. For changing the law or making the new law, it has to be done either by Hon;ble Supre court or by the way of legislation.

Or you can approach the higher court for direction to be given to the lower court to clear the matter in a suitable period.

Regards,

Vivek

1 Like

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