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(Guest)

498A- (If woman herself is and advocate)

I saw a lot of criticism  and abuse of law which are meant for the protection of the women i.e 498-A. All I have see that If woman runs from home then wife files the case under cruelty. If the man wants to file the case under restitution, then woman files under 498-A etc. If the man wants to file the case under section 13 for Divorce, the woman files the case under cruelty too

 

Finally after 4-5 years they made out of settlement and go for mutual consent divorce in which the husband pays high amount of alimony and woman agrees to withdraw the cases filed before police

 

My focus on this article is that whether the woman uses this section only for seeking alimony from husbands and it has been ruled out even by NCW that significant number of cases are frivolous? Some of them has filed merely on this ground that husband ask for tea then it amounts to cruelty. If husband ahs not given money to purchase mobile thenit leads to deprivation etc etc

 

This website is flodded with cases in which husband are the sufferes where as no query or hardly any query found that woman has ever complaint that her husband has caused any harassment. This is just not because are not using net etc etc

 

Whether such laws has been spoiling the system of the society and whether there is any reduction in crimes?? We hardly can imagine

 

In reagrds to back generation, where no law exists the couple were living happily and were more stable and satisfied than today couples

 

Its true that law is misused when we find the loopholes and woman are subjected to be given wrong guidance by lawyers, her family members which induces her to do wrong

 

What happen if the woman herself is and advocate? So, the guys kindly beware if you are going to engage



 27 Replies

gaury..fight to win (Education)     29 June 2011

if you go through this forum you will think all 498A n DV cases are fake n just to extract alimony.. 

But i makes me cry.Beacuse I had to file this two cases as I m so cheated  by my husband. I have two sons but whn my second son is born after that I cam et o know that my husband has a keep before my elder son was born.When I came to know and asked him about that he abandoned saying i m cruel to him..!!!!!

it is not the fault of advocates.

It loopholes of law that many cases are established as fake.......!

 

 

 

 

 

 

 

 

Tajobsindia (Senior Partner )     30 June 2011

@ Gaury,

OK we understood your hydraulic power from your briefs.

Prudent que. are;

1. After filing mentioned two cases what end you see yourself in your own case now that you have two kids?


2. Won't you like to compromise at one point of time if conducive opportunity come your way?


If YES, then your case final Judgment we like to read here in LCI be it so after XYZ no. of years.


If NO, then what we see is in-compatibility between two spouses resulting into counter activity by one spouse and circumstances will end it into para 2 bracket and then one will say to oneself it was false and another will say I somehow made other spouse come to my terms but ultimately both lost to win a point in suit petition.

Whatever we will be here to read down your two cases final Judgment one day.

In so as much as we wish you all the very best. 

hema (law officer)     30 June 2011

A husband or his relatives subjecting the wife to physical or mental harassment for dowry or for any other reason.  NOW THE QUESTION IS THAT WHETHER THE OFFENCE IS COMMITTED AGAINST THAT PARTICULAR WIFE OR AGAINST THE STATE? 

Similarly, a person in his early twenties, comes out of late night party in a drunken state, rashly drives his BMW car and kills half a dozen people.  NOW THE QUESTION IS THAT WHETHER THE OFFENCE IS COMMITTED AGAINST THOSE PARTICULAR PERSONS KILLED IN ACCIDENT OR AGAINST THE STATE? 

Similarly, the poisonous gas comes out of the MNC factory, swallows half of the city in the deadly night killing thousands of people and maiming equal number of people and crippling the entire city for next generations.  There is no malafide intention of the owners of factory.  It is just an accident.  NOW THE QUESTION IS THAT WHETHER THE OFFENCE IS COMMITTED AGAINST THOSE PARTICULAR VICTIMS OR AGAINST THE STATE?

Similarly, in a peace loving village, a poor farmer kills his neighbour's girl, in a sudden rage, when he caught her stealing the mangoes from his tree. He is tried under Section 302 IPC.  NOW THE QUESTION IS THAT WHETHER THE OFFENCE IS COMMITTED AGAINST THAT PARTICULAR GIRL OR AGAINST THE STATE?

IN ALL OTHER CASES IT IS AN OFFENCE AGAINST THE STATE, BUT IN FIRST CASE IT IS NOT OFFENCE AGAINST THE STATE AND IT IS OFFENCE AGAINST THE WIFE ONLY AND THE STATE SHOULD NOT COME INTO THE PICTURE AND AID THE VICTIM WIFE.

DO NOT GET BOWLED BY OUR WEIRD ARGUMENTS.  WE TOLERANT INDIANS ARE FAMOUS TO PUT SUCH ARGUMENTS SHAMELESSLY.   

In all other cases except violence against wife case, we accept it is a crime against the State.  In domestic violence case, where wife is the victim, we say that it should be considered differently, we argue that the husband must be treated kindly, the crime should be compounded, the accused should be given bail right from the day of filing of the complaint by the wife in the police station.  In other words, we are demanding that it is our birth right to physically and/or mentally harass the woman and as the ultimate result, at the end of the case, is only divorce with compensation,  she shall not be allowed to file any case under Section 498-A.   We also say that Section 498-A offence is matrimonial offence, it shall not be dealt with by police, advocates, courts and legislative bodies such as parliament.  We will deal with in our male dominated panchayats.  We use the most abusive language against the wives, who resort to Section 498-A,  the advocates who provoke the wives to file such cases, the police personnel at CAW cell, the judiciary which is not granting bails or not discharging the accused at the charge sheet level,  refusing to quashg the FIRs at High Court level and parliament by making such laws and curtailing our birth right of abusing the wives.  Finally, we demand that Section 498-A has to be taken out of statute book so that we will have unhindered right to abuse the wives physically and mentally and also we want Section 304-B be taken away from the statute book, so that we can kill the wives whenever we like and hang her to ceiling and say it is a simple case of suicide.  May God give us some peace from these Section 498-A, 304-B and DV Act.      

Tajobsindia (Senior Partner )     30 June 2011

Your arguments are Hydraulic power argument for the sake of argument as if husband has no constitution rights and all rights are only for a wife and her side of family. A State services the S. 498a, 406, 304 B and wife is required only at evidence stage. These are aganst the State via wife.


The authors que. is to compromise / reunite given the fact she keeps leaving him and then tries to beat him up so where does your Marxist emotinal and sentimental argument stands towards his ???????? 

Zeeshan (Hidden)     30 June 2011

@ gaury

Your husband has a keep . It's a sad story. He is a culprit. 

But according to law it is adultry. There are other laws for these. But you filled 498a. & DV, dragging her whole family as usual. Why you use 498a & DV ?  Where is beating & dowry demand here ? You have to sue him for adultry , RCR , maintainance etc. But you choose 498a. Why ? it's easy & powerful tool to extract money..........

 

Isn't your case also fake ? ?????

Adv. Chandrasekhar (Advocate)     30 June 2011

@Mr. Zeeshan,

Ms. Gaury's case is not fake.  As per section 498-A, the cruelty is two types - physical cruellty and mental cruelty. Again, if the harassment is in connection with the dowry demand or having no connection with the dowry demand comes within the purview of Section 498-A of IPC.

Now, the most important question is that if a wife acquires the knowledge during her matrimonial life that her husband has extra-marital relationship, whether  it is a mental cruelty or not?  In some cases it is and in some cases it is not.  The reason is that depends upon the culture of the person, who faces such situation.  In some families, adultery by male members is not an offence and shows his manliness.  But in some families it is totally a taboo. (Refer to ex IMF chief's wife admitting and approving her husband's extra-marital relationships and says that it shows his extra charm)   In some families,  continuous hurling of abuses between the spouses is very normal, none of them think it is cruelty or harassment.  But in some families and in the case of some sensitive individuals, even a single abuse is itself amounts to cruelty.  Similarly, in some families, continuous slapping and thrashing by husband is not treated by the wife as harassment and a routine nature.  They will not file complaint under Section 498-A.  But in some cases, a sensitive and highly cultured and educated and empowered wife cannot take a slapping lightly only on one occasion by the husband and files a case.  It all depends upon the culture and bringing-up the individuals and the society they live in.  Keeping all these things in consideration, "cruelty" has not been defined in the Act and it has been left to the discretion of the court to decide the question.

For your information, Ms. Gaury cannot invoke "Adultery" under IPC to punish her husband.  As per the prevailing law, she is entitled to file Section 498-A case and pursue it to its legitimate end.

Parth Chandra (none)     30 June 2011

@Gaury

1) What allegations you made in your 498a complaint? --> Is it simply that your husband has kept and he left you to live with her?

2) Do you have any proof (admissible in court of law) to proove your allegation?

3) Did you ever fared of any back-fire of filing these complaint or you feared that what would happen if you couldn't proove your allegations?

 

@ Adv. Chandu,

What option the same constitution gives to husbands who

1) Finds that his wife cheated on him by keeping relations with other GENTLEMEN before and after marraige?

2) But can't proove in court of law because of lack of quality of evidence?

3) Do such husbands can't be charged with 498a or other cases if he files for divorce on these grounds?

4) Can he dare to file adultery case against wife's boyfriend even though without having admissible solid proof of adultery.

5) Won't he be charged with doubting on wife's character without proof?

6) Do he need to fear of varous cases civil/criminal from wife and her boyfriend becauese of this?

 

you seems to be very knowledgible person and would be eargly waiting for reply from you.

 

Regards,

PC

Saurabh..V (Law Consultant)     30 June 2011

Ultimately those who are FLASE enjoys the game and those who are RUINED cries foul.

 

Laws are made to PUNISH and not STOP. If the orientation of the society and out law makers is changed then we should align our interests towards stopping such incidences than punishing. Thought punishment is imperative for such crimes however what if the agressor is stopped at the initial stage itself.

 

For instance, all across the country, the Traffic Police officers who are posted at road-crossings, are given a task to ensure smooth traffic flow without accidents. But what they do? They secure their location after the crossing at a comfortable place and catch those who jump red-light or voilate the rule. Why? Why they first allow the crime and then catch them? It's because if someone would not violate and everything would run smooth then there are two loses to this officer. First:: No extra income; Second:: He will not be made important. Similarly our politicians and judges also make and interpret the laws. They want to society to keep fighting and going to courts so thast their SHOPS can continue.

 

India is struggling with CANCER of dealing with crimes. Why allow cancer to grow? Curb it infant..

 

//peace

/Saurabh..V


(Guest)

I am not saying that if laws are amended Husband have given licence to abuse her wives. In metro society wife and her parents too also abused their husbands. Then there must be ceratin law on this i.e 498-B


(Guest)

Apart from thsi there must ceratin laws on making friviolous complaints under section. If husband is guilty then he surely be punished but if the complaint found to be friviolous at very first instance then there must be other privisons too for its abuse

gaury..fight to win (Education)     30 June 2011

Originally posted by : Zeeshan
"
@ gaury

Your husband has a keep . It's a sad story. He is a culprit. 

But according to law it is adultry. There are other laws for these. But you filled 498a. & DV, dragging her whole family as usual. Why you use 498a & DV ?  Where is beating & dowry demand here ? You have to sue him for adultry , RCR , maintainance etc. But you choose 498a. Why ? it's easy & powerful tool to extract money..........

 

Isn't your case also fake ? ?????

 

 


 

 

 

 

 

 

Zeeshan stop singing the GHISA PITA"

song that I filed for MONEY!!!!!!!1

he , when  his affair came into light I scolded  him and his keep.Then they decided to marry Becasuse I hurt their self respect!!!!!!!...and then he made a habit of beating and abusing me so that one day I file divorce so ...one day after quarrel he beat me badly then I called a lawyer friend of mine..she knew everything from starting....he told me to lodge FIR.So I filed FIR stating that he has extramarrital affair with a girl(mentioned her name) and due to this he beats and use abusive words for me and deprive kids from all that they should get their father.

In the police station my FIR after reading he wrote two sections in the margin part of the FIR paper..they were

sec498A and 497.Till then i had no idea of the deadly section.But dowry part was totally absent from husband part only but my in laws never accepetd me by heart as we had a love marriage and they often insulted me for coming empty hand!I filed the case only against my husband.Then I was living in rented place with hubby n kids but later he deserted me.

Later I when my newly constructed house was complete I came to see one day but my husband, brother in law and MIL resisted me to enter my home which I left for reconstruction.MIl told that her son has done nothing new maintaining keep as every indian men do that!

He did not even gave money for kids for last 1 n half year n then preventing us from entering own home.Had luxurious life with the mistress.

So i filed DV case again against my Hubby , BIL n MIL.Got interim residence order and the case is going on in the court.Mediation failed as his parents are not willing to let him compromise.

498A chargesheet is submitted in the court with positive evidence of adultary...not started yet in the court.

gaury..fight to win (Education)     30 June 2011

Originally posted by :Saurabh..V
"
Ultimately those who are FLASE enjoys the game and those who are RUINED cries foul.

 

Laws are made to PUNISH and not STOP. If the orientation of the society and out law makers is changed then we should align our interests towards stopping such incidences than punishing. Thought punishment is imperative for such crimes however what if the agressor is stopped at the initial stage itself.

 

For instance, all across the country, the Traffic Police officers who are posted at road-crossings, are given a task to ensure smooth traffic flow without accidents. But what they do? They secure their location after the crossing at a comfortable place and catch those who jump red-light or voilate the rule. Why? Why they first allow the crime and then catch them? It's because if someone would not violate and everything would run smooth then there are two loses to this officer. First:: No extra income; Second:: He will not be made important. Similarly our politicians and judges also make and interpret the laws. They want to society to keep fighting and going to courts so thast their SHOPS can continue.

 

India is struggling with CANCER of dealing with crimes. Why allow cancer to grow? Curb it infant..

 

//peace

/Saurabh..V

"

 

 

 

 

 

 

@ saurabh, u often forward funny comparision

Dont compare traffic police with husband /wife relation.

Only a wife knows what it feels when one's children cry to see it's father ...a wife knows what feels when her beloved husband is behind the bars..Now u will ask me..if u love him why u filed FIR..??

When kids are born the family not depends upon  their love only...there are liabilties (social n economical) also.If family breaks due to a keep, then I would like to fight like a bold lady to bring him back or realise his guilt rather than crying on my own fate..I m a college teacher, I really feel shame when my husband is seen with a college girl.I can take care of my children with my money.Thats why I did not do anything for money in last 1 n half year.But If he can throw me out with minor kids , can maintain keep without buying a cerelac or a bottle of paracetamol then his real place to live is  jail.I have lots of proofs and witness to prove his adultery.

gaury..fight to win (Education)     30 June 2011

 

Dear pc, ques u threw on me are replied in previos post.

U asked Chanduji some ques.As I am victim of matrimonial offence I want to reply u from my point of view.

 
 
 


 




1) Finds that his wife cheated on him by keeping relations with other GENTLEMEN before and after marraige?

Ans:before marriage he has no right to ask her anything.That is not cheating.It is his duty to investigate whom he is going to marry.If she is not like that he wanted in a life partner he MUST not marry her .

2) But can't proove in court of law because of lack of quality of evidence?

Ans:Yes.Because my husband when beat me no body was watching neither I was doing vdo recording.I always try that our children should not  see us fighting.


3) Do such husbands can't be charged with 498a or other cases if he files for divorce on these grounds?

4) Can he dare to file adultery case against wife's boyfriend even though without having admissible solid proof of adultery.

Ans : he should dare.why not he??

5) Won't he be charged with doubting on wife's character without proof?

Ans: yes , it is CRUELTY doubting without proofs irrespective of gender.

6) Do he need to fear of varous cases civil/criminal from wife and her boyfriend becauese of this?

Ans:May be.So I advice those victim husbands sue their wive's boyfriend before he is sued by them.

Prevention is better than cure.

 

Thanks.

"

Zeeshan (Hidden)     30 June 2011

If that's your real story then I seriously apologize . But I don't know why , I can't digest this. I am confused.

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