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Beg/steal to pay her or simply beat her

Page no : 2

**Victim** (job)     17 December 2011

@ Author Tajobsindia is right i am sorry man i encouraged you on my prior post but i still feel that 7 years is a long time. Absconding with fear is definately not a solution and then you have to hide yourself from your family and friends all the time because your wife will be keeping an eye on your contacts to put you behind bars. Although i don't know what would be outcome in case if you decide to face trials but questions is what is better facing jail or absconding or just pay away the arrear amount and let wife walk away with this or simply accept your wife.

Advise given by Tajobsindia is right from very beginning of your post you keep on saying that you are willing to keep your wife then what the hell went wrong between two of you that you are still fighting for 7 years ? Is she not willing to join you ?

Shake-Her (None)     17 December 2011

@ **Victim** / Sanjeev / Rohit Shukla / Tajobsindia / cm jain sir / Nadeem Qureshi / Shonee Kapoor and Others – Many Thanks for your concern and suggestions. And BTW, Shake-Her is my actual name. FRIENDS, the only reason for joining and posting in this form was to get inputs that can help me take a decision based on Y(OUR) experience, LEGAL aspects and EXPERT guidance. I really do not feel anything like being a role model or something because what I did in past MIGHT BE an ILLEGAL decision based on MY experience and UNGUIDED direction. My original post is compilation of PRACTICAL options AVAILABLE AS PER ME – NOT NECCESARILY THE RIGHT ONEs. YES, I LOVE MY FREEDOM and I absconded for a simple reason that She, Police, even my Lawyer, and everybody else did not listen to or cared for what is Right rather everybody scared me. She filed several complaints against me in women cell and police stations and every time I was kept and tortured in ILLEGAL custody for 1-2 days and then beaten/forced to write what SHE wants to get the matter compromised. I found all this POLICE/LEGAL system an ILLEGAL THING and that is what I decided to do and be. If I was not arrested, things would have been same on my end – earning 25k+ a month and “har fikar ko dhuyen mein udata chala gaya”, and feeling good that SHE is paying for what she started. I always knew that one day I will be arrested and I will have to be behind bars for being a P.O. and that is what I decided to accept. IT IS NOW, after thinking over it for 6 months (in jail) that I want to give MYSELF and HER (if she wants) a chance to rethink over what we did and where we are standing, and then decide the future course of action – and for that, I am here. As far as facing trial and paying her is concerned, as I mentioned in my query, I DO NOT HAVE MONEY since I cannot earn while in jail and I do not get bail if I do not pay – SIMPLE. So my problem still lies in square one

cm jain sir (ccc)     19 December 2011

IMP SC JUDGEMENT-

For those who kicked his wife or her DIL (not for dowry) cannot be prosecuted for cruelty under 498a:

Kicking daughter-in-law or threat of divorce not ‘cruelty’: SC

 

A husband and his relatives cannot be prosecuted for "cruelty" towards wife merely because the mother-in-law or other family members had kicked her or for that matter threatened her with divorce, the Supreme Court has held.

 

 

 

 

 

Similarly, if a mother-in-law gives constant sermons to the daughter-in-law or allegedly treated her shabbily by giving her used dress suits, it does not invite prosecution under Section 498A of the IPC, a bench of Justices S B Sinha and Cyriac Joseph said.

 

 

However, if the mother-in-law takes away the gifts given to the couple at the time of the marriage, it amounts to "breach of trust" as specified under Section 406 IPC, the apex court said while dealing with an appeal filed by the husband and in-laws in a matrimonial dispute case.

 

 

"Allegations that appellant No 2 (mother-in-law) kicked the respondent (daughter-in-law) with her leg and told her that her mother is a liar may make out some other offences but not the one punishable under Section 498A.

 

 

"Similarly her allegations that the appellant No 2 poisoned the ears of her son against the respondent; she gave two used lady suits of her daughter to the complainant (daughter-in-law) and has been giving perpetual sermons to the complainant could not be said to be offences punishable under Section 498 A", it said.

 

 

The bench said "even threatening that her son may be divorced for the second time could not bring out the offence under Section 498A of the IPC".

https://www.indianexpress.com/news/kicking-daughterinlaw-or-threat-of-divorce/497953/

1 Like

(Guest)

Got an interesting and very inspiring read from the author of this post.

It was not the question of absconding or giving a very tough fight to all the bad elements of the judiciary system but it gives the classic example of mental strength to do what your heart orders you.

By deep going through the post iam eager to know your current situation. Kindly update to this forum about your bravery tale.

 

Feel great to have such people who sets the example of their hard life into inspirations.

 

ESIS

1 Like

Soman (Dy Manager)     24 July 2014

".......and every time I was kept and tortured in ILLEGAL custody for 1-2 days and then beaten/forced to write what SHE wants to get the matter compromised". It hurts to read... what deep pain he has gone through. I agree with ESIS, wish to know further.

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