Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Do matrimonial laws REALLY FAVOR WOMEN?

Page no : 3

Arup (UNEMPLOYED)     19 July 2010

NOTED. THANKS MS. AISHWARYA.

THE ABOVE REQUEST FOR ALL.

sivani (engineer)     19 July 2010

Aishwariya, please don't feel apologetic in telling your story and you need not try to prove the truth to anyone for we know it to be true for not just you but for millions of women in india.  Not only the housewives but the so called educated and working women go all the way to save their marriage and go to the courts only as a last resort.  These guys would not understand what it is for a woman to want to make her marriage work.  They do not understand that it is not as easy for a woman to sleep with another man after having shared her bed with her husband as it is for men to jump from one bed to another.  It's a emotional issue for women and not a physical one as is with men but they would not understand this. Even today in our society, if a man leaves a woman she is called 'Talaak Shuda' & easy prey and if the woman leaves a man he is still called 'Pati Parmeshwar'! and a eligible bachelor! Further, the guys feel that they have a right now to this easy prey and if she rejects or gives back then they tell her how this attitude of hers only would have broken her marriage.
 

2 Like

sivani (engineer)     19 July 2010

@Kiran  If you see the topic properly it does not say 'the law to favour women', it is only questioning the projections made by men in all forums, 'Is the law in favour for women'.  Whenever a woman in the past has questioned something which men has projected, this is exactly how the men have gathered together and attacked the woman and twisted the matter.

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(Guest)

matrimonial laws do favour women , because they have been made to favour women. otherwise men will switch women like anything.

these laws have been created to bring order in society. but educated girls have become independent, broad minded and almost vampires when it comes to revenge.

they use these laws to USE men in the manner they like. thanks to some greedy ... in fraternity they become DANGEROUS. these are maily to use men like ATMs. i remember case of my sis in law whu made fraud on my bro in marriage and wen on second morning of unconsumatted marriage my bro asked her for separation she said we know laws very well and ur whole family will go to jail without any crime. girls and their parents have become so open minded they take boys forgranted and do fraud without fear. so gandhi's dreams come true women have become totally fearless. my brother will never take her back only for reason because she did a well thought fraud.

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Arup (UNEMPLOYED)     19 July 2010

I AM GREATFUL THOUSAND TIMES TO SMT. AVNISH KAUR FOR HER BOLD STEP IN THE MATTER.

A HEARTFUL THANKS TO SMT KAUR.

I WILL POST MY OWN CASE OF FRAUD AND HOW I VICTIMISE BY THE WIFE, IN LAWS, POLICE, COURT AND EVEN NEIGHBOURS AND COLLUEGES, - IN THIS THREAD.

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(Guest)

"wen on second morning of unconsumatted marriage my bro asked her for separation she said we know laws very well and ur whole family will go to jail without any crime"

how's it possible that ur bro asked for a separation just on second morning of unconsummated marriage?many partners dont have s*x immeditely after marriage.some need to relax with the spouse with whom they are sharing bed for the first time.............now who's a demon here?

u said that on this very second morning ur sis inlaw threatened for a court case.it seems very unnnatural.....how can a newly wed bride give such threats just after 2 days of marriage.........either she was severely beaten up or something else was wrong.its practically not possible for a lady to start threatening her inlaws even 1 month after marriage becoz parents condition a girl's mind very well that she shud try to please inlaws and her relatives.if this is wot they want to do with the boy's family,why will they spend lakhs of rupees on marriage?

and u say she threatened just after 2 days!!!!

either u r cooking up a story or ur brother was so impatient abt s*x without first relaxing his wife  that he over abused her wich made her give such threats,alongwith dowry torture that may have started in ur house....

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(Guest)

madam it was a case of supression of material factum concerning her body which a boy can come to know only after marriage. for detaild u can pm me

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(Guest)

i have proofs on paper  that this all happened just 12 hours after she came to his place.and after she started doing it we have full video recoding of it thru home securty systems.matter is subjudice . i dont want to discuss in forum, if u have doubts u can pm me.

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(Guest)

dont speak nonsense, no boy will torture a bride for dowry on first night. this is how u people cook stories of bride beating on first night. boys think about s*x and only s*x first few days. and first night bride beating can be3 cooked by u only.

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(Guest)

@ avnish.ur quotes:

 

1. "my brother will never take her back only for reason because she did a well thought fraud."

2. "madam it was a case of supression of material factum concerning her body which a boy can come to know only after marriage. for detaild u can pm me"

 

in the 1st sentence u said ur sis-inlaw did a well thought "fraud",ie,it was intentional...

 

in second sentence u say she had a disease.........even if we assume there was a defect in her body,it can only be verified thru clinical tests....u said ur brother discovered it.immediately after marriage..so is ur bro a Dr.?becoz only a dr. can discover so fast within 2 days of marriage that too if he's experienced,even in absence of medical laboratory at home..

u also say that her fraud was well planned................at the same time u say she had a disease that got discoered by ur bro immediately without med. tests...........was her disease well planned or was her fraud well planned?u r saying 2 contradictory statements

 

lastly u say only i can cook up stories of wife beating on first night.please find a single quote in any of my threrads where i "cooked" up this fact....

 

i m not interested in personal messages.............all i wana say is whether it's a boy or a gal.we shud not assume that all women misuse laws.....similarly not all men are dowry seekers.............

circumstances vary from person to person.....just coz ur bro is suffering at the hands of his wife,doesnt mean u start saying in a public forum that all women miisuse laws...................and if ur case is so strong alongwith medical and camera proofs.y on earth there's no judgement in ur favor?how can a women against whom there are so many proofs able to misuse laws?

 

my wishes are 4 ur n ur family...i hope u got the essence of  wot i  m trying to say.....

 

PEACE..............

 

 

 

 

 

 

 

 

 

1 Like

(Guest)

we will win the case. but i will still say laws are biased. even in such a case of fraud courts award maintenance saying we will see merits of case later wat nonsense law.

i m also for women , i kno there are still dowry deaths . but 95% of these cases are fake. just filed to pressurise other party in case the marriage goes bad. so there is need to deregularise marriage.government shud not have any say in marriages and divorce. if u have say in marriage and divorce then remove 498a and dv act. both cannot go together. this is where govt starts interfering with our personal liberty.

my views are

make divorce easy

and make dowry laws( only punishment in case of proven dowry death or physical torture only if supported by solid evidence not girls satement) more  stringent punishment.

OR

 if state and courts want to interfere with personal life of people then remove 498a and dv act.

usiong both is too much interference in personal liberty.

Thx for ur wishes . i sent u my case by pm , hope u will understand girls doing fraud thinking dowry law will come to their aid. had my bro no access to tools which he could use to prove himself innocent, i would have not have been writing this message as i wud have been jailed .

Bhartiya No. 1 (Nationalist)     20 July 2010

Yes I agree with Aishwarya, Sivani, RG and Mr. Prabhakar that theoretically law is in favour of women, but reality is entirely different. With some exceptions like some of the opportunist take undue advantage of the provisions of law. It is a question of pure justice, not of men or women.

The common sufferer is innocent/perfectionist, law abiding persons of any gender but ultimate sufferers are females. Since divorce is a social stigma, also society has set standards for them. In a larger view still it is males’ world and dominated and controlled by males except some innocent/ perfectionist, law abiding males. Everything in this world is for the benefit of males only. Even liberty/freedom/empowerment of females are benefitting males only in a way another. The plight of females cannot be described in words, even UN survey says that condition of females are worse than slaves.

Dowry for so called educated IAS/IPS, Doctors, Engineers, Managers, etc. runs in several lakhs to crores. Those facing 498A//DV charges, how many have not taken dowry. There are lots of so called educated IAS/IPS, Doctors, Engineers, and Managers Etc. who are wife beater.  Even educated women are facing this cruelty. These acts 498A/DV are the outcome of behavior of general mass towards females since ages. Law always used to be with weaker side. Otherwise, men will throw them on road after using them.

1 Like

(Guest)

Interesting contentious topic


Would be better if each participants give concise brief of their own case irrespective of gender.


I have collection of some 150 live cases briefs (scan copies of what a wife or a husband filed) from various States of India to cases form New York / New Jersey / SFO / Australia / Singapore of Indian spouse etc. etc. Readers decide if sample size of 150 or so is good enough to come at a decent conclusion on subject matter of this post or let us RTI pan India matrimonial courts to send certified copies of matrimonial cases and then see whom these laws really favor :-).  


As far as my own personal brief goes, here it is;


1999
got married (love marriage of 2 days flat) at Arya Smaj Mandir. No family from either side till date have ever met, seen, heard form each other even after birth of our (only) first child till date !!!
2000 first child born
2002 mid June second child aborted without our knowledge / no consent exists.
2002 end Nov. wife with child left home in middle of the night without consent n till date non of the Courts are aware of her permanent / temporary address. You say CPC O 6 / R 14 A exists I doubt so :-)
2002 filed police complaint of missing child and wife.
2004 found one address where possibly they were living and filed a S. 13 (1) (ia) (ib) HMA Suit Process was served. She files S. 125 CrPC. I then filed S. 26 HMA.
2005 visitation granted for first time for 1 hr. twice a month to see my own child now which grew to 5 years old after leaving home at the age of just 2 years !
2005 U/s 24 HMA maint. awarded to wife and child. I was jobless but yes I still have two strong legs and two strong hands for Judges to infrence upon !.  Wife gave affidavit stating not working after leaving home wayack in 2002 and child studying while the child was not studying anywhere (fraud case now filed as fraud can be filed in 100 years n has no limitation)
2006 early May seeing sorry state of child vagabond / homeless status and wife's status of no job as she made to believe me during abv cases, I withdraw my own divorce suit from fast track court and reinstalled  them to matrimonial home. She withdraw her S. 125 CrPC no Order came by that time.
- Got child admitted in a decent school / opened saving bank account for wife / bought health and marriage insurance policies for child, provided all homely comforts to the family. Packed dustbins (my own father and mother as she tells them that they are dustbins) to go and live at Pune our parents home.  
2006 mid Aug. on the pretext of tying Rakhi to her brother early morning wife along with child left home carrying bag and baggage I was at office came back to in the evening to an empty nest !
2006 late Aug. files S. 125 CrPC follows it with S. 13 (1) (ia) (ib) R/w S. 24 HMA immediately All process accepted by me. I filed S. 26 HMA and I later withdraw it as Court was not interested to even give a father visitation so what was the point keeping a Application pending under HMA The Act.
2007 end I file for S. 12 + S. 25 GWA for visitation  / joint shared custody of our child. On very first date of hearing I ensured the Court awarded 1 hr alternate Sundays visitation at Court complex which is continuing on and off on the mercy of my wife till date.
2008 - We jointly filed MCD and at the time of first statement she backed out stating now she needs 15 Lakhs (previously asked in open court 32 Lakhs) whereas in MOU / Agreement she forgoes all such claims I call these mercury doing disco dance:-0. I waited next 12 months for her to make up her mind on MCD and then I filled Memo to Court to ask parties on their MCD status. Court showed inability and then next week SC Judgment came binding it on all Courts to ask parties on MCD consent stands or not as duty bound. Meanwhile I withdraw my own consent from MCD as SC Judgment came late and no point keeping another application under HMA Act pending.
2008 - Then I filed S. 23 A HMA stating she wants divorce and she is petitioner to her own Suit so I also agree to it but not agreeing to her grounds of cruelties / desertions, hence grant both parties divorce especially me as alternative relief in a divorce proceedings. Issues framed.PE with witness list ordered.
2009 Aug. Wife files direct Pvt. Complaint before MM for DV Act. with all relief’s copied from PWDVA Bare Act with a self made / self signed DIR
. MM directs MM court deignated area PO to file report in each and every date. In an RTI reply from PO the PO designated to that MM court states no DV case given to her till date ! I don’t know how to delegate PO the case either with tikka, arati and garland or how a PO takes a DIR J when proper court Order is there ! See how miserably implementation fails here.
2009 - Nov.. Wife in her self written DV Complaint states my father took Dowry on date of marriage and her parents provided all items of Dowry and made my father (80 years) as Respondent no. 2 Reading the complaint my father had massive brain stroke and till date he is on expensive rehab. / physiotherapy / steroids drugs with left side of his body on tell tale signs of paralysis. Why, bze. he has never ever met / spoken / seen / talked to my surviving MIL (my FIl is missing 7 years before abv. year of our marriage as told to me by my wife!) or any members of wife's family / relatives till date so how he can take or even ask dowry even if he ever wanted to ;-)
2009 - I filed perjury on memo of parties address + on her oath affidavit salary statement (as wife says she earns 8 K by affidavit, she says she lives at a corresspondence address later confronted her and she sticks to her guns + I later filed a Fraud case at Dwarka Court on her 2004 previous case income capacity fraud on maint. awarded then as I now discovered all along leaving home since 2002 she is hansomely earning from regular pmt employment, since I never come to know where she and the child lives so never come to know even if she woks !.
2009 May / Nov. Went to D HC for transfer of all Matrimonial / Custody Suits to Dwarka Family Court as late 2008 Family Court formed for Dwarka Districts, she is petitioner in a divorce suit so where respondent lives is the cause of action / jurisdiction + child was removed from custody of father who lives all along at Dwarka and now that he FC has been established in Dwarka. HC gives direction to respective trial Courts to decide Jurisdiction issue first before any other issues. Till date no maint awarded in any of her maint suits neither any Urgency application filed by her for maint in any ofthe cases. She hardly appears and or any any of her pleader appears in her own cases. Got her Divorce suit dismissed once in default due to non appearance. It was set aside by next
PO. But the PO will not like to touch perjury :-)  Got her DE dismissed in GWA suit due to non appearance and Cost non payments.
2010 May Sessions Court dismisses my DV Appeal stating Mr Justice Jain's DHC recent Judgment
Till date child studied in 3 different schools. No access to G'parents and dozens of proper Contempt of Court Orders. Contempt Affidavits filed in respective courts to take up the matter first and not let them remain just a paper Orders. Trial Courts indirectly asks me every time to approach D HC even for such small things. Education expenses for child Orders are refused every Quarter by wife when sent to her memo filed address. 
2010 July Filed SLP (Crl.) in SC challenging retrospective examination of entire DV Act !. 

There are several sightseeing visits to various Sessions and District Judge Courts in between which I made attempt of and have omitted mentioning them in events and dates as I am feeling bored now understanding whom these laws really are meant to favor :-) All my pleadings in lower to highest Courts are as Party in Person Vs. my wife's side till date had 4 really good advocates changed at her whims and fancies I suppose and yet she states on record that she is not earnign then who is paying royal fees of ld. advocates of HC / SC standings :-).


I am now used to matrimonial cancer since out of 10 years of marriage and a 9 years old inteligent girl child of ours I have been disgnosed with 8 years of this special cancer with lovely hope at the end of all these one fine morning :-))))))))))).

Readers may now think from above live case study, is it that the matrimonial laws favor really a women and/or is it so that they favor men and at the end or it is just a hype we create in
Ganges of our mind !   

Think loud people here, each case are unique and comes with lots of baggage and hiccups and everything boils down to luck and mood of a Judge at the end of the tunnel, so each one of you are not alone here, talk of yourself and not hearsey of media hype and fudged stats to please reading senses on contentious social cancer.

All the best.
Rgds.

1 Like

sivani (engineer)     20 July 2010

2002 mid June second child aborted without our knowledge / no consent exists.
2002 end Nov. wife with child left home in middle of the night without consent n till date non of the Courts are aware of her permanent / temporary address.

the above seems really laughable.  You make it out as if wife and child got up in the middle of the night and left for no reason at all.  If she was leading a happy married life where you took care of her welfare and emotional needs, why would she just get up and leave with her child to suffer.  Is she some lunatic.  (I'm sure next you will say she is, that the only thing you guys can say to cover up your own doing).  Why don't you share between 1999-2002 the trauma she must have gone through for her to take such a drastic step to walk out in the middle of night not knowing where to go.


(Guest)

@ Sivani,

Send your physical address so that I can courier post you certified xerox copy of her say (entire suit) about what she wrote for 1999 - 2002 or even tiill 2006 period which are just one liners with no date / month / events / place. One can't even rebutt / rejoinder or even deny bze of 'lack of knowledge'. You may laugh bze you have not read the suit and after reading the suit I challenge you to your own say as abv. I have not mentioned anywhere in abv. briefs that we were leading a happy married life, there are hiccups in each marriage which needs to be fine tuned or be amicably parted with n ours were no different till date. That is why I say reality is different than armchair internet rebuttals.

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