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498a

Page no : 2

Biswanath Roy (Advocate)     08 September 2014

It transpires from the facts in the subject query is that as the sister and mother  of the querist put blame upon the bride and her parents for false declaration of her age at the time of marriage so the bride and her parents took it seriously and found it injurious to their prestige and that cropped up differences between husband and wife.  Under the given facts it also transpires that almost regular visitation of husband with his wife and normal relations are still in existence. Besides, they have a small baby and his future and fate are depending upon the relation of his father and mother. The querist also stated that his wife agrees to live with him in a separate accommodation other than her matrimonial house which clearly indicates that she wants to keep her away from the association of her husband's family which seems as obvious more particularly after said blame. Sec. 498-A IPC has not been filed against the husband as yet, simply the querist heard it from a third person that the parents of the wife are planning for such action. From this statement it further appears that the information of the third party allegedly planning for initiation of a case against the husband u/s. 498-A either baseless or it is still nipping in the bud. Hence prudent advise should be to agree with the proposal of the wife to give her a separate accommodation nearby to the matrimonial house so that husband's family members shall not get any scope to interfere or intervene in the marital life of the married couple. But I am afraid to say that such  simple solution cannot be understood by any ape-man.  

AJAY SINGH (XYZ)     08 September 2014

@ESIS and All....

 

This is the irony in our society and our country.... As per law all are equal in eyes of law... But when it comes to relation of husband and wife( which actually is only a legal contract), even the blood relation(Mother, father, bro n sis), all are left behind.. A wife with a high ego and many other characters which she may be having, and so called education given by her parents added with the lovely laws of our country, keep unlawful and dirty demands of wife above all. 

Even I agree, that relation should be saved to the greatest extent possible. But then again the question is, relation is between two people. It can not be from one side. Compromise and sacrifice should come from both the sides. Love should be from both sides.

i have seen groups of monkeys at many a places. I feel happy for them, 498A & whole lot, is not applicable to monkeys. They seem to be a better species then men like us, who are suffering day in and day out, who are watching there parents become old(Even die) before time. Who is watching there Bro and Sis and families suffer without even any fault of there. 

I am not against the system or the laws, and may be even those women are not wrong. They are just being selfish to highest extent. 

And as per my experience, I sacrificed a lot, even left my parents and resided with my wife separately, did everything to make her happy and now after all my tries , have the only option to defend and fight...

God Bless these ladies...

and God bless all..

Happily Divorced (TL)     08 September 2014

Ha ha!! Roy is hopeless. Sir Roy are you supporting a woman who in the first place cheated her husband by showing wrong age? and for that you suggest him to take a seperate accommodation away from his parents. Further, you scare a guy of FALSE cases? Further you proudly say that you get five star treatment from your CLIENTs, because you honour them with these biased opinions and short sighted legal advices? Further you call the forum members ape-men?

 

Sir ji, what a waste of talent!! Sorry sir ji but I couldnt tolerate your arrogance in replying to a query and a fellow member of the forum.

 

@ESIS Give respect to his age and leave it here. Atleast we should show some class. End of the day we are victim's in this whole game of falsification, some lawyers are inhuman, insane. We know it so better ignore them.

1 Like

(Guest)

Dada jii, chacha jii, james bond jii,

 

 

An ape man understood that you are taking side of a fraud wife who had hiden her age by 6 years from her husband and i.e is very strong matterial fact in any arranged marriage.

 

From starting the author is telling that her guardian is her sister thats why she asked about his wifes false age given during marriage but this dada jii, mr. Bond jii is telling that why her sister asked her false age.

 

This shows that mr. Dada jii wants the authors family to seal their mouth infront of all wrong doings and frauds done by the girl and her side.

 

Again mr. Babu jii, dada jii, 007 jii is telling that till now no false 498a filled so go and provide her separate accomodation.

 

That means our james bond dada jii is so much confirmed that authors wife will file false 498a if her husband doesnt fulfill his wifes all demands.

 

So, our 007 mr. Old bond is frightening the querist to fulfill her demands to avoid false 498a.

 

Wow, what a great suggestion he has given to the querist...

 

Under the nose, openly extortion game is going on and this fake lawyer is suggesting an innocent husband to bow down on his wifes illegal demands.

 

PS:  Biwi ne kaha maa baap ko chod do...,

 

 

Phir,Biwi ne kaha aapne saare daulat mere naam chod do....,

 

 

Phir, biwi ne kaha tum duniya hi chod do......!

 

 

Moral:  b*st*rds and unscrupulos women are the part of the society but we have to utilize our own brain before falling in the traps of such persons.

 

Suggestion to dada jii, budahu jii, chacha jii and mr. Old james bond jii,

 

An ape man understood that how much crooked you are so no need to take pain in your arse to justify yourself before me.

 

 

ESIS

 

 

 

1 Like

Adv k . mahesh (advocate)     09 September 2014

I respect Seniors 

from the query 

"She need different house now. Before marriage they had told that she is 24 yearls old. But after marriage we came to know that she is 30. when my family asked them why they lied they started threatening us. Its more than a month me and my wife are not in touch. i have 6 month old son, staying with my wife.

here he said only by questioning only his father in law is threatening him so husband should not bend first he should try to convince her wife if she or his father in law is not coming to point then try to make settlement with some elderly person from their family keeping the 6 month son future happy

if even then the situation does not come in to hand already one year has passed he can stay with her wife seperately and try to make her happy and solve the issue amicably not that she will file other cases but he should try to solve the issue and stay with his parents who are old enough

no parent will tell his son to go for legal battle and no lawyer will try any couple to seperate  for only minor issues 

Biswanath Roy (Advocate)     09 September 2014

@ My dear friend ESIS,

Considering my age I as your Dadaji request you to forget  my words that might have touched you although those were not from the very core  of my heart. As a Senior most brother  I always confer my blessings upon my junior brothers.  I was merely testing the ethos and temperaments of  my professional brothers of., present generation.  I am well aware of that due to generation gap thinking in our times and thinking of present generation differs.  In our times we were taught by our seniors that at the time of dealing with any legal matter far reaching consequences and its impact upon the society are also to be considered.  But I am sorry to say present generation prefers real gain instead of ultimate gain.  As your Dadaji or Chachaji or Babuji I need mention here that one time in my life I was famous for cross examination in different High Courts due to my style of irritating witnesses to take out the truth from their belly.  This habit is still within me, what to do. I admit  and agree with the views of Apex Court that certain provision of law relating to husband wife disputes are being misused at random to extort males. But remedy could not  be available from courts because for changing a provision of law or repeal are in the hands of Parliament vis-a-vis Government so pressure is to be given upon or agitation is to be placed before the Government through our Parliament members whom we sent as our representative by casting votes.  Lastly I DIFFER WITH YOUR VIEWS THAT LAW IS BIASED WHICH YOU CAN SAY AS MISUSE OF LAW. Thanking you.

Biswanath Roy (Advocate)     09 September 2014

@ Dear friend Mr. ESIS,

From the given facts What I observed is that the wife has a baby of 6 months which means that the querist's negotiation marriage was done about two years ago when the question relating to age of the bride. was not raised and then groom's family had no doubt regarding age of the bride and it was not apprehended also otherwise they could have requisitioned birth certificate  from the parents of the bride.  But suddenly in a fine morning and after a lapse of two years from the date of marriage groom's family detected that the age of the bride was 30 years and not 24 years at the time of marriage. Does it not mean that such allegation is a designed one and meaningful for mental harassment to the bride ?  What are the propositions lying behind such onclusion?


(Guest)

 

My dear senior citizen friend mr. Roy aka dada ji/james bond jii,

 

 

As per your above comment you say that laws are not biased.

 

Ok tell me what is the meaning of biased?

 

Doesnt biased means one sided, partial etc.

 

Now come to your women frinedly laws:

 

1.Can you name any of the such law which is gender neutral and can be filled by male also like women files 498a, dva, rape, outrage molestation etc without any discrimination of s*x?

 

2.  can you name any laws related to both husband and wife and can be filled by anyone irrespective of s*x?

 

My dear mr. Roy, you still carry the concept of biasedness and hopelessly terming it as gender equality.

 

And you say that this is due to generation gap,

 

ha ha ha...

 

Feel pity on your biased concept and an excuse of generation gap.

 

Hope you would not get punishment before your last breath from god as your thinking may have given several hurts to victims and certainly they have cursed you. Even juniors also prays for their seniors. So, I hope you collect more blessings rather than cursing.

 

Anywayz,

 

Now my take on your second part of post as you are asking that author of the query is simply making an imaginary story and giving mental cruelty to his wife.

See mr. Roy we are not in the real court and are not following the procedures of court.

But, we are giving suggestion on mere statements given by the querist on this very forum.

 

Hence, the statements of any querist would be taken as facts for his case. So,

 

 

1.Here, the author has not stated when her suppression of matteriall facts of age been explored.

 

2. The author Is confirming the facts that such difference of age has been explored and that is of 6 years which is very crucial in any marriage.

 

3. When author called his wife to live with him then she simply refused to live with her husband as she made a condition that author has to leave his old parents.

 

4. When fraud is known irrespective of after child birth or before child birth , it doesnt make any sense. As the most important part is that a lie has made an adverse effect on the minds of husband and family.

 

5. Suppose the author would have come to know the frauds earlier then certainly he would have opposed the marriage or he should have not produced a child.

So, your comment on the exploration of truth is irrelevant and sarcastic.

 

A fraud is fraud.......whether known before marriage or after marriage it only destroys marriages.

 

 

6. There Is no Iota of shy or guilty from girl side that they have lied and instead of that they are threatning to file 498a on boys side. And you say that she is abused and given mental crurlty by husband.

Again pity on you.

 

7. My dear senior citizen, mental harassment is done by wife as she willingly deserted her husband for one year and made the terms of immoral and immpractical and cruel conditions I.e take separate accomodation, leave your parents and siblings then only she will join the author or else she will file frivolous criminal cases on her husband and family.

 

PS:  My dear bond jii/dada ji, you still live In the world of 60 And 70s.

Kindly shed your rainbow glasses and see the world after 1984 when these cruel one sided law of 498a was launched and from there the concept of abla naari was only on paper and day by day its only a game extortion flourishing with leaps and bound, even multi million dollar industry by crushing innocent males and his families.

 

ESIS

 

 

 

 

 

 

Biswanath Roy (Advocate)     09 September 2014

@ My dear learned friend ESIS,'

i disagree with your views regarding the term 'bias'. Bias means Inclination, Prejudice,Predilection but doesn't mean'' one sided or partial' as you allegedly claimed.

Secondly , since the marriage is a negotiation marriage the Parents of the groom might have seen the girl before marriage when they had no doubt  about the age of the girl.  Had the age of the girl been doubted by the parents of the groom at that time they could have wanted to see the birth certificate which they did not.

Thirdly , after a lapse of two years from the date of marriage (because bride has a baby of 6 months) how the parents of the groom could have detected or found that the declaration of age of the bride made at the time of marriage by her parents was false. But how they could come to know the fact after two years (?) the author is silent on this point which might have been intentional suppression of facts.  Summing up all these material facts and lacuna one can easily apprehend some ulterior motive of the groom  and his parents behind the allegation at least they cannot claim their clean hands on this point.

Now I am coming to your issue about one sided law or woman oriented law,-

Firstly I REMIND YOU THAT LAWS ARE BEING ENACTED IN OUR COUNTRY BY THE PARLIAMENT WITH THE CONSENT OF RAJYA SABHA where male members are in majority. Therefore, as to your statement male peoples representatives are making female oriented laws do you want to say that?

Secondly, I admit that any discrimination in law or administration is barred by our Constitution.  In Federal Laws , Canadian Laws and English Laws such discrimination also barred and application of law upon male and female are same, and similar. Whereas no body in India has pointed out this discrimination so far and as yet. Only filing a Public Interest Litigation before the Supreme Court can solve this problem.  Throwing allegations to each other or throwing mud upon each other or simply by barking outside will be useless. 


(Guest)

Ha ha ha

 

My dear senior friend you yourself admiting the meaning of

Biased as prejudice, predilection...

 

 

Then how come this prejudice and predilection comes from a law which is made to protect the rights of any individual. Does these prejudice not comes from one sided laws, does this one sided laws not give prejudice on the natural justice to male individuals. Does this prejudice is not a synonym of biased and errupts from one sided biased laws.

 

Dear mr. Roy, i think its useless to argue with you , who doesnt know the meaning of biased and so called a biased law. Your advocacy on favouring these laws will only give a last nail in your coffin with much pain, and that I dont want. I pray to god that plz condone his biased thinking.

 

An honest question to you...

 

You proudly alleges and gives your elaboaration about your experiences , aimlessly praises yourself without any suffice.

 

Lets believe that you are a gr8 lawyer who had invested his 35 years or more in litigation to safeguard the rights of innocents.

 

Then here is my question to you:

 

1. What you have done for innocent males of india who has been falsely framed and harassed by one sided laws?

 

2. You pump yourself that you have treated with 5 star amenities from clients, you have done this , you have done that...

 

Then what you have done for poor clients of india who has been continuosly harassed by women friendly laws?

 

3. You say that you have vast experiences even more than 35 years, then have you ever feelt the pain of innocent victims?

 And how many PILs you have filled for this unconstitutional laws which are damaging the freedoms of innocent males?

 


No...mr.roy, you are absolutely wrong...you might have earned lots of money in your career but you are looser indeed as you have not won the hearts of innocent victims.

 

Now, 

 

On the part of this particular thread I have allready stated my opinions in para wise and I still reiterate that the cruelty which is meeted out is done by erring wife on the support of her biased law.

PS:  IN INDIA EVERY LAWYER LIKE YOU TELLS To GENERAL INNOCENT VICTIMS THAT THEY ARE BARKING....BUT TRUTH IS THAT THE DOGS AND APES ARE NOWDAYS ARE FOUND IN THE BLACK COATS with BOW WHO NOT EVEN BOTTHER ABOUT CHEWING THE BONES OF THEIR INNOCENT CLIENTS.

 

By god grace Iam not following this trend.

 

ESIS

Happily Divorced (TL)     09 September 2014

In my engineering I used to have a friend who used to boast that he will create a new operating system, new programming language, design aircrafts something something which never had any head and tail. I used to wonder and believe that the fellow lives in a different world very far from the reality.

 

I felt the same when I saw some of the posts in this thread.

 

The fact is we are indian men, we respect a lot of our traditions, we value the elders. But the respect that we show to the elders for their age and experience, it pains when you know that the same is not reciprocated. When we respect your age, are you not supposed to respect our families, elders and our women. How dare you someone simply say to take seperate residence? Is it because this is a free forum and you may be a senior lawyer that gives you right to comment on our familes. Is it not your responsibility as an elderly man to show respect to our families. Think. Give a serious thought.


(Guest)

Dear dada jii/ my loveable senior citizen friend,

 

Dont know why my heart felt for you...inspite of knowing that you openly favour biased law.

 

May be your age had made me to think that I should respect you despite of any n number of allegation from you.

 

The fact is that I have called you dada jii and believe me I have no dada.

 

Your names title suggests that you are bengali and in bengali dada means brother.

 

So, its my pleasure to have such dada who is also equivallent to my dada jii.

 

You, know sir..!

 

I thought deeply on your behaviour and accepted you that some creatures are made like this only...in your young age you have not understood the pain of innocents then at old age what you will understand.

 

So, I respect you in terms of human being rather than a biased lawyer.

 

My duration on this LCI has crossed one year and in this period I havent made any lawyer as a friend from my side.

 

So, you are the first person whom Iam sending the friend request.

 

Hope that you will accept this ape mans friends request.:P

 

 

My dear senior friend, and other learned lawyers why cant we join each other and fight simultaneously on this one sided laws.

 

PS:  Lets start from our senior most friend to file a PIL against unconstitutional laws which are curse to the Indian society.

 

What you say sir,

 

Will you accept this ape-mans proposal?:)

 

 

ESIS

Biswanath Roy (Advocate)     09 September 2014

@Learned friend Mr. ESIS,

I AM APPREHENDING YOUR BATTERY MIGHT HAVE BEEN GONE DOWN. GET IT CHARGED. LCI ADMINISTRATION KNOWS ME VERY WELL SO I DO NOT REQUIRE ANY OTHER RECOGNITION. I AM RENDERING CHARITY SERVICE WITH THE TOPPINGS  OF DISHONOUR.  WHY SHALL I TOLERATE? SO I AM RELUCTANT TO GIVE MY CHARITABLE SERVICE ANY MORE IN THIS PORTAL


(Guest)

@Learned friend Mr.ESIS,I AM APPREHENDING YOUR BATTERY MIGHT HAVE BEEN GONE DOWN. GET IT CHARGED. LCI ADMINISTRATION KNOWS ME VERY WELL SO I DO NOT REQUIRE ANY OTHER RECOGNITION. I AM RENDERING CHARITY SERVICE WITH THE TOPPINGS  OF DISHONOUR.  WHY SHALL I TOLERATE? SO I AM RELUCTANT TO GIVE MY CHARITABLE SERVICE ANY MORE IN THIS PORTAL

 

---------------------

 

 Dear learned friend mr. Roy,

 

 

You still not given the above 3 honest questions answers.

 

As expected, you had valued the money and ignored the poor victims thats why alleging this forum as charitable and showing reluctance to answer the serious and honest questions put by me for your entire 35 years of long experiences.

And helping the poor harassed males of the society in terms of filing PIL and fightning for social fraternity in terms of gender neutral law.

 

 

You say that you were a very famous during cross examination and you make the witnesses to speak out the truth from their belly.

Then, what happened my dear ld. Friend that you yourself behaving like an infant and crying here for your ignorance and alleging to leave this portal. And I affirm that this is your third time when you said the above lines after getting trapped in your own arguements.

Dont you know that any arguement is not spoken according to the opposite partys thinking. So, it doesnt mean that other party is dishonoring him.

If this was the case then I also say that you too had dishonored me. But no , I wont say that, I still respect your age.

 

It was expected from you that you wont accept my naive proposal,

 

You will simply run away without solving the crisis of gender neutral law.

 

 

But It was unexpected that a senior lawyer having more than 35 years of age will be so egoist in terms of his behaviour towards helping the innocent males of the society.

 

Anywayz, nice discussion and arguement with you. Learnt many things from you like how to be selfish, how to be Inhuman towards helping the poor innocent fellows, how to run away without solving the actual problem.

 

 

PS: Battery can be recharged again but morality and passion to help poors cant be recharged by money.

 

Take care, 

 

With regards & love,

 

ESIS

Biswanath Roy (Advocate)     11 September 2014

@ Learned Expert friend Mr. ESIS,

i understood your say and grievances manifested in your long post. At the outset i inform you that I accepted you as my friend before your solicitation otherwise I would not have replied you for so many days. To understand me you shall have to know who am I.and my professional surrounding since my early life. In short I am hailing from an eminent Jurists' family and married only daughter of a renowned Solicitor at Calcutta. Naturally I entered in legal profession holding hands of legal luminaries (Barristers) as  their assistant.  Since 1965 on wards and till date I have been conducting high profile and celeb cases only. For your information in our times this profession was hereditary and all of them were from wealthy family and had no greed for money but they have greed for name so also I was and still I am. Being closely associated with judiciary and legal luminaries I had occasion to discuss the present maladies relating to family laws which you allegedly described as Gender oriented laws without considering the facts that when such laws were enacted or introduced what was the structure and social life in India and why such laws were came into force So not considering said position of our society will be sheer crassness.  However, changes in any law or repeal are out of the power and competence of Apex Court but in the competence of Legislative functionaries.  Unless Legislative functionaries come forward nothing could be possible to eradicate the problem.  Lastly I admit that twice I DECIDED NOT TO TAKE PART IN RENDERING MY SERVICES IN THIS FORUM BUT I RETURNED because I RECEIVED A GOOD NUMBER OF REQUESTS over phone from the members and LCI authorities who as they said need my valuable advises and opinion. But this time I am reluctant to continue my services any more for two reasons namely,- (1) My age is not permitting me to take much load of professional activities and (2) I cannot apt with the behaviour, manners and etiquette prevaiing in this forum as I was brought up in English discipline, manners and etiquette since my childhood. WITH MY BLESSINGS.


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