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Domestic Violence

Page no : 2

Roshni B.. (For justice and dignity)     20 November 2010

Renuka jee is right.

1 Like

Bhartiya No. 1 (Nationalist)     20 November 2010

 It is like every preaching is made for wives only and it is they only who shud save the marriage. Since society does not recognize and respect their Independence. Since even after divorce husbands get married easily and this makes them irresponsible and careless.

U may well contact any women organization as suggested by Renukaji. Here also u can ask query related with ur problems, even in expert section of LCI.

U can search related query at lawguru.com also.

1 Like

Avnish Kaur (Consultant)     21 November 2010

threre are only two ways out:

1. reconcile
 and live with him

2. if u two cant and u are sure it cannot be done try to separate by amicably settling matter with help of your family elders. if u fight with false accusitions , he will fight and both will spoil ur time and energy only advocates and legal machinery gets greased by u.

1 Like

Renuka Gupta ( Gender Researcher )     21 November 2010

When relationship had reached their nadir point, family elders too can't help as their mediation may not be mutually acceptable to the couple. 

How do we know that Shushma would implicate her husband in false cases? Taking legal advice does not mean one intends to implicate the other in false cases. Why should we attribute motives to her in the name of false cases?


(Guest)

Sushma case may be genuine and she may follow the right course  including the one who are from family breakers organization - i.e women cells.

 

But  it is strongly objectionable that when certain people profess  that this case many  not be for falsly implicating the husband . There is a supreme court given statistics that says  - for every correct leveling of DV charges, there are

 

42.5 wrong charges and hence abuses of DV ACT 

 

 

So assuming one way - that is Sushma is a Victim and it is not to implicate her husband, to other way, that Sushma is falsly implicating -- are just that -- mere assumptions.

 

But statistics of domestic violence grisly reminds  that how it is grossly misused, and none of the woman organization can defend it. 

Roshni B.. (For justice and dignity)     21 November 2010

yes i agree some cases filed by women must be false...but i dont agree that all cases "proven" as false are actually false.

in many so called false cases there's a possibility that the girl's lawyer did not represent it properly or got influenced by the opp. party...hence the genuine case also suffered and "falsity" proven.

 

for eg: in many 498A cases,they take too long to get solved.some cant appoint pvt. lawyers also since they charge heavily and rely on faulty inevstigation by PPs..so they decide to settle it out to avoid wasting time,money.only because they setlled these cases after filing it doesnt mean they were false and therefore settled to avoid exposure of falsity.

to avoid such problems:

  • there shud be a database of efficient and honest lawyers so that people can choose themselves whom to appoint.


  • right to justice shud be enforced,ie,every man/woman both rich N poor shud get free of cost legal aid......

 

  • lawyers also shud get paid handsomely only by govt and for each GENUINE cases they win,they shud be awarded extra incentives and perks so that they are inspired to be more diligent in their profession 

 

1 Like

Bhartiya No. 1 (Nationalist)     21 November 2010

Not only matrimonial related but in other cases like rape, murder too conviction is very low. Dead body is there, murder weapon is there, accused is there, but after trial, accused gets acquitted with full honor. So accused may be some else, but murder has taken place.

In matrimonial cases, the laws which supposed to favor women actually favor law enforcement agencies in making fast bucks. Alleging is entirely different from proving it in the court, courtesy inefficient, corrupt investigation agencies, which used to be only interested with money/bribe. Long delay and paraphernalia attached with the judicial proceeding and heavy makes it more painful and deepen the wound.  On the whole as I have experienced going thru legal battle in our country is horrific and reminds of real hell. Even genuine cases are becoming false. And genuine people are being discouraged and shy away from coming out even after a great suffering. Our justice system forces us to suffer.

Thus essence of justice is being defeated in this country.

 

hema (law officer)     21 November 2010

Renuka gave very valuable advice how to keep stay in life as well as on this portal.  Follow her advice.  Ashutosh and roshni also supported the same point.

You are the person who received insults and ignores of your husband.  You are the person who gave birth to the child in these turbulent emotional conditions.  You see, some of the members instead of siding you, side your husband who perpetrated violence against you.  They also hint it out that if you put any allegation against your husband, it is false allegation because statistics are telling the same and the supreme court has said so and so in so and so case.  These people, shamelessly defend the cruel husbands and want to make laws beneficial to women as redundant.  They always preach, as Ashutosh said, to a wife only to lead a subjugate life even with a husband, who did not meet his pregnant wife and did not visit to see his own child.

You proved your innocence by a single act.  From February till November of this year, you completely showed your silence and resilence.  This period is more than enough for any person to take a rational decision. You have shown your patience as well as your innocence in this rift.   After that only, you came to such a decision, which you are taking right now.  There is nothing wrong to take assistance of women's organisation.  The people who are talking about women's organisation are running the men's organisation but say that they are for saving indian family.  If any man goes to them for legal advice, they create fear in him and advise him to file divorce case (which they are refusing to you) as Section 498-A case will be soon following.  THIS IS THE WAY HOW THEY SAVE THE INDIAN FAMILY.  They advise the men to file RCR case to avoid maintenance.  If maintenance application is filed, they give tips to the husbands how to behave as a rehdiwala to minimize the maintenance amount.   I advise all the women that never take advise from SIFF as it is the organisation to protect the cunning and cruel husbands, tormenting and troubling in-laws and always find fault with the wives.  SIFF is nothing but an organization like Kin-klux-klan (KKK) of white people, which operated in southern part of USA to butcher the colored people (negroes) during the civil war.

1 Like

manjit kalra (system eng)     21 November 2010

those advising her to file dv case against husband , please explain how dv act can make tem live together with peace unless they two dont want to do it by heart. if there is no love no court can make two ppl live together by any act whether it may be dv or 498a.

i repeat , there are only to possible ways for a gud human being in such a scenario

1. try reconciliation to best

2. part out amicably

rest all advises like dv etc are for greasing  judiciary and its corrupt officers and timepass.

so if u want time pass keep doing this all women NGO and all.

agree with ashutosh ji  legal proceedings are just a waste of time, if u want the result of case and u keep contesting to end  it will be about 25 yrs from now that u get a final decision from supreme court..

this will mean loss of precious life and possiblity to start a new life afresh. i know some lawyers may like my advise here as it is hurting their bread and butter but family matters shud not be seen from this angle only.

suggestion of dv and all crap is just to pass time, at most u can use it only as a pressure tactics for the time being to get opputunity money or some relief orders, but if other side is a hardened one(siff kinda) only  a woman is at a loss going to judiciary.

 

 

1 Like

manjit kalra (system eng)     21 November 2010

please read may like as may not like  in above thread

Avnish Kaur (Consultant)     21 November 2010

agree with manjit  as above.

2 Like

Renuka Gupta ( Gender Researcher )     21 November 2010

Agree with Hema completely. With Roshni and Asutosh ji too. 

The very first suggestion from me was to explore the possibility of reconciliation, but people pretended as though they did not see it at all.  Women's organisations stand head and shoulder above those organisation/s who are out to exploit wives one way or the other. 

 I have said it all for all the possible replies and possible abuses,  and will have nothing to reply.  I hope though that Sushma has already contacted Lawyers collective, and that's more important,  and must have been  guided by them by now. 

1 Like

Roshni B.. (For justice and dignity)     21 November 2010

if u go to any women's org. like NGO to seek legal aid,they also ask u to reconcile first,whether its thru law or thru counselling.

no women's org. ever advises a gal to file cases immediately.some even invite boy and his family to sit together for counselling.

if a gal is willing to join her matrimonial home out of which she's been thrown,at the most they ask her to file DV Act if the boy's party is not taking her back.they hardly ask her to file too many cases like 498A,RCR,etc.


(Guest)

I want to address two things here ---

1. One, declaration of association and interest- including association with woman organisation and men organization.

2. Two, explain How woman organization and their members are trying to confuse readers on supreme court judgment on legal terrorism and misuse of DV act.

 

It has been observed here that people responding to suggestion for their situation are replied by members belonging to special interest groups.  The querier has a right to know that which organization they belong to and what are their philoshiphical allignment. If querier  evaluates responses with the background of responder in mind he/she would understand the hidden agenda, if at all, in the responses.

Second , when supreme court judgment are quoted to show DV act are currently misused, the woman cell members come in defence and say things like .. just mere fact that allegation were not proved it is not correct,.. conviction rate is small in other cases,.. etc etc

 

I want to set the record straight once for all by giving insight into the supreme court numbers

 

Supreme court has said that

95% of 498a case are false ( key world here is FALSE)

2%  of 498A cases result in conviction.

And only in remaining 3% of the cases the allegation could not be proved due to lack of evidence.

 

So,Ladies and genteleman,

1. For every correct usage of DV act  there are 47.5 misuses.

2. There are only 1.5% cases where charges could not be proved and which can be classified in gray area.

 

So, next time please don't try to confuse and don't get confused.

 

There are   

Avnish Kaur (Consultant)     21 November 2010

why they want to mix misunderstanding / behavioual differences between husband and wife with mental cruelty or domestic violence. try reconciliation to best , if cant just part amicably. and dont hurry to produce kids after marriage.

1 Like

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