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@stanley
If sole testimony of presecutorix stays consistent through all stages of trial and is deemed credible by judge it is enough for conviction, no other corroboration is needed. It is true that in many cases defense is able to poke reasonable holes in the testimony during cross or parts of testimony change from FIR to 161 to chief and cross exam. In such cases testimony cannot be sole foundation of case and corroboration is needed. This is a well settled principle of law. Please read the articles I shared and full judgements related to this cases, it will be clear.
Let me tell you my replies were against false FIR's . Articles do not have any weightage in law as the entire history/Matter of the case is not know to conclude .Where as judgements/ citations carry weightage if the case is similar .
I am helping the queryist. I firmly believe that FIR is the one and only effective remedy available to queryist. Amicable talks work only when parties see each other on equal footing. They fall apart when husband and his family see themselves as superior.
Filing of a false FIR will not work as per your remedy . In case of a Genuine domestic violence case where physcial violence has taken place an FIR would have to be supported by a medical report to support the same or else the case is going to fall apart is my point of view .Even though the domestic violence case states that upon filing of a affidivat a protection order be passed .Judges are were smart and are well aware of the false cases being filed and even the high court and the supreme court has stated the same on several occassions .
In such case the woman has no other avenue except file FIR (true or false is immaterial). The perjury scare you are alluding to is total hogwash and you know it as well.
Domestic violence in india is gender biased .Only a women can file a case of Domestic violence in India whereas in other countries its both sides can file .I have not recommeded the pre-jury scare . In india i have not even seen a judgement on pre Jury i have only seen the sec 340 crpc in law books but not its implementation
Now, one can simply pose one question, what if a lady is found to be abusing the beneficial provisions of law? Does the statute provide any remedy? The simple answer is "No".
Bharat Ratna DV Act has been specifically (in particular, the other references to Article 14 & Article 21 are just name sake) passed underArticle 15 (3) of Constitution of India – “Nothing in this article shall prevent the State from making any special provision for women and children” and this Act has only been made as a "welfare legislation" only to guarantee social justice and to provide more protection. The Bharat Ratna DV Act is touted as a "second chance" to erring husbands & male partners and to Act as a deterrent to the people who are indulged in treating their female partners with cruelty. In the advent of making a piece of legislation to give more protection to weaker sections of the society (read as weaker s*x) the legislation / statute / rules therein cannot take away the other citizens rights guaranteed by constitution of India and if they attempt to take away such rights, such legislation / statute / rules therein are deemed to be void to such an extent of derogation - Read Article 13 of Constitution of India. The law should have helped the weaker Section (read weaker s*x) to come into the main stream of the society, on the other hand, it is helping the mischievous & extra intelligent ladies to take revenge & to blackmail husband(s) and in laws (grabbing propertiers in the name of residence rights). That is to be construed as the failure of legislation.
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You say you fought your own case? Is your wife in jail for perjury? Was she even fined? Didn't your "ladke wale" arrogance disappear immediately once FIR was filed against you?
yes i have fought my own case .For pre jury i have answered above .In a domestic violence case please try to understand that only a protection order can be passed if proved against a man , and there is no jail term . Only when the protection order is violated there can be a fine or a jail term or both. Yeah false FIR was filed and i did not fear . During proceedings In cross examination and as you have stated "ladke wale's " true colors came out and ladke wale's arrogance disappered. Further note
Section 31 of Protection of Women from Domestic Violence Act provides for penalty for breach of protection order. Under sub-section (1), a breach of protection order or of an interim protection order by the respondent shall be an offence and shall be punishable with imprisonment for a term which may extend to one year or fine or both. Section 32 provides that notwithstanding anything contained in the Code of Criminal Procedure, the offence under sub-section (1) of Section 31 shall be cognizable and non bailable.
- As is clear from Section 31 of Protection of Women from Domestic Violence Act, when an order under Section 23, whether under sub-section (1) on hearing the respondent or under sub-section (2), an ex parte interim protection order, was passed and respondent commits breach of that order, respondent is punishable as provided under sub-section (1) of Section 31. That offence, as provided under Section 32 of Protection of Women from Domestic Violence Act is non bailable and cognizable. But the cognizable offence provided under Section 31 (1) would only be the result of a breach of the protection order as provided under Section 18 of Protection of Women from Domestic Violence Act.
Women use 498a FIR in very large numbers these days. If it is so ineffective and so risky (perjury) then why do they do it? Are all of them so foolish?
Instigation comes from some corroupt Lawyer uncle for filing false cases.But a genuine and reputed lawyer will not do it .The more no of cases the more they earn .
No. They use it because it is effective and comes without any real risk. It balances the heavily lopsided social norms related to marriage and allows women to exit a failed marriage on their terms. There is a reason so many men are forming groups to fight these cases. These FIRs work, plain and simple. They meet the objective of the wife better than any other path available to her.
I would disagree with you on the above point . They use it to come to a settlement and abstract money if the party is desperate to go in for another marriage instead of wasting time and money in court cases .But if a man is determined he will fight to the last against such false cases .Its like Newtons third law of motion " For every action there is a equal and opposite Reaction "
Open your eyes and see things for as they are and not as you want them to be.
"you can take a horse to the water but you cant make it drink" !!
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