Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Abhishek Das (Corporate Sales manager)     16 January 2013

False allegation against men by women

I had a query regarding the same law, when i posted the question that if wife files false allegations against husband for impotency , i got this answer in the under mentioned link :

https://www.ndtv.com/article/india/woman-fined-for-false-allegation-about-impotent-husband-40124#comment_post

"Wife to pay 2 lakh damages for alleging husband was impotent

In a successful defamation case against false allegation of wife, a court in MP has awarded 2 lakh damages to be given to a man who was alleged to be impotent by ex-wife."

SO I HAVE 2 QUESTIONS RELATED TO THE SAME ?

1. IF DEFAMATION IS FILED AND WIFE DOESNT APPEAR THEN WHAT IS THE OUTCOME ?

2. IF WIFE LOOSES THE DEFAMTAION AND IS NOT ABLE TO PAY THE DAMAGE THEN WHAT IS THE RESULT ?

AS IN BOTH CASES I GUESS, THE LOST HONOR OF THE BOY IS NOT RESTORED,

THAT 1ST IF SHE DOENT APPEAR THE COURT CANNOT FORCE HER TO APPEAR.

AND SECONDLY IF SHE LOOSES THE CASE AND IS NOT ABLE TO NUTRALIZE THE DAMAGE STILL THEN ITS LOSS OF TIME AND ENERGY AS COURT IS NOT PUNISHING THE LADY FOR THE SAME. SO HOW IS JUSTICE JUSTIFIED HERE ?

HOW IS SHE PUNISHED ?

FOR FILING WRONG ALLEGATIONS, SUCH A FALSE ALLEGATION OF IMPOTENCY AND FOR MIS LEADING THE COURT AND MIS USEING THE LAW ?

FOR SPOILING THE BOYS LIFE AND TAGING HIM A DIVORCE FOR HER OWN SELFISH MOTIVE AND IS EQUIVALLENT TO ANY CRIME. SO IS THERE ANY SECTION THAT SHE IS PUNISHED FOR THE SAME. ?

 



Learning

 9 Replies

Tajobsindia (Senior Partner )     17 January 2013

 

I hope you are not aiming to do LLM on raised questions;


Take on your que. 1. If she does not appear then ex part decision after you prove by way of evidences and merits will go in your favour.

Take on your que. 2. If she is not in a position to pay then time will be given. You have to chase the next date. If after which she still does nto pay then via Execution petition you can pray for her imprisonment which may be as per pleadings from your side. 

Take on your que. 3. Any type of Gender civil / criminal cases have monetary award or prison or uniting as compensation. Beyond that if you want then come to India Gate and raise war cry "I want Justice". Mandarins may hear you out.    

Having given you outcomes to your two questions now face my question (interactive way I ask not to demoralize you mind it);

What happened has happened and further proceedings may also happen from your side and a Court may sit on it and give you above 1 and 2 (may be). 

The question here is what for you are asking all these; to have a sympathy or to showcause how incompetent Judiciary is or what is your purpose when no Court has pronounced you impotent first of all secondly you have not been awarded defamatory compensation and thirdly she has not even said cannot pay so where your questioning leading you too on today’s date?

Mind you once a impotency allegations goes in husband’s favour when wife alleges so at end of trial he wishes the first thing is to close rest of the litigation and re-marry without even waiting for appeal period this is a universal fact as only two thinking are constantly ringing bell in Indian men; virgin for a wife and I can never be impotent person. In both cases Indian male never realised that virginity is a concept and impotency is psychological and physical both and both can not be constant from cradle to grave. Well there may be exceptions but let us see.  

[You = Generic used here.]

 

1 Like

Abhishek Das (Corporate Sales manager)     19 January 2013

"The question here is what for you are asking all these; to have a sympathy or to showcause how incompetent Judiciary is or what is your purpose when no Court has pronounced you impotent first of all secondly you have not been awarded defamatory compensation and thirdly she has not even said cannot pay so where your questioning leading you too on today’s date?

Mind you once a impotency allegations goes in husband’s favour when wife alleges so at end of trial he wishes the first thing is to close rest of the litigation and re-marry without even waiting for appeal period this is a universal fact as only two thinking are constantly ringing bell in Indian men; virgin for a wife and I can never be impotent person. In both cases Indian male never realised that virginity is a concept and impotency is psychological and physical both and both can not be constant from cradle to grave. Well there may be exceptions but let us see.  "

 

Sir for the above mentoned query you will find your answer here

 got engaged to poor family girl from rourkela, and after geting engaged i asked her several times about her and her past, where she did not reveal anything. 19th jan 2012 last year same day i got married and after 5 days i left for pune. she went back home for her final exams and in these 2 months stay we shared every part that is shared in a husband wife relation, and when she finaaly came to pune in 10 days she left. latter discovered it was for her bf. she blammed us for tourchering her, and demaned divorce and compensation. latter on when i got the statements from her frenzs bout her bf, there family kept quite. we filed restitution of Conjugal rights but she never appeared and finaly pulled in false allegations against me for impotency. lat 1 year i have suffered mental tourcher and depression. On the other hand i asked her if u don wanna stay mutually end this, but still they did this case and kept spoiling my and my families name in her society, and this has caused embaresment to our family in our locality too. before filing the case they tried to know my location, where i am ? and when i said i am ot in india, they send us the court letter so that i default and they can demand money from us in charges of 420. there family has spoilt my 1 year of my life and don know how much far it will go and for how many days. today my trust is shattered and i am like a living dead, not able to believe anyone. So its clear that any law cannot restore it back, my trust only it is justice is needed, and divorce or annulement is not my look out. nethier any 2 lakh rupees for defamtion. i am looking forward for her punishment from the court of Law, for filing wrong allegations and misuseing the law. if this is met i am sure i will surely get my confidence that YES the indian peneal court is there for any injustice done. 

have you any answer for those men who have been through false dowry acts ? have those ladies gone thru any legal punishement ? here if a lady wants she can pull her in laws into jail but if it is false allegation of 498 filed why not the court sends the ladies back to prison for misusing the law..??

 

If you are reading my mind then you are very correct that i am trying to show how our judiciary is incompetent. there is no justice made. i am not here for any sympathy but looking for a correct decison, that can return my life back. and this is also very true if i don get justice, i will surely try to find justice for myself by any means. 

Some people on earth like this sud be brutaaly punished and eg should be set so in future it doesnt happen..!!! 

Tajobsindia (Senior Partner )     19 January 2013

1. Read and heard dowry law victims emotions and sentiments in reference.
2. My message to all false dowry law victims is to spend their rest of the life seeking punishment to complainant / her side of family come what may, provided the acquittal verdict clearly says “the complaint case is false” and shall not say “due to lack of evidences” or should also not be based on “complainant was under pressure or misguided or was under influence”.

Now allow me to ask you finally of the journey you are tuning yourself on;

Is para 2 possible in your case?

If yes then carry on.
If no then flow with natural justice outcome.
If doubtful then I and many others are here to read and hear dowry law victims unfortunate emotions and sentiments outbursts as always.

Reasoning:
Till acquittal verdict all top pitched war cries in all forums I have read and heard of from dowry law victims and will hear to do so.
Post acquittal;

some
returned back to their normal routines,
some got themselves re-married,
some remained still un-married,
some after remarriage are still contemplating to seek justice,
some left the scene vouching never to return back,
some still guiding others for free,
some have enrolled to study Law to guide others,
some got it termed it "legal terrorism",
some got it termed as "heavy misuse', and
rest are happy about natural justice process.

1 Like

Abhishek Das (Corporate Sales manager)     19 January 2013

Well I am not a law student ..

 

if , yes, no , some .. are not aplicable to me..  as they all are diplomatic answers.

its just want that lady should be punished, for taging me a divorce and spoiling my life for her crimainal intesnions. This act is called or termed as illegal extortion of money.

yes if i get justice, i am lucky and say yes we have a good judicial system in India, but if i don seek justice.. i will surely find my way of justice, which can lead me to do a crime and teach that lady a lesson and helping our country to earn a new criminal forced by law and lack of justice. As i cannot compromise with everything.

But the kind of answer i got it looks our judicial system is alwyas swinging on for women not against them even if they do crime and its very wrongly said as your last point..

rest are happy about natural justice process.

NO ONE IS HAPPY specially in family cases, and have no choice to depend on it.  Some term our indian legal system as legal terrorism.

Tajobsindia (Senior Partner )     19 January 2013

Well we can interact as LCI bandwiddth is unlimited but the moment I ask you pertinent question your tempo will take a beating hence avoid emotive expressions and face Law and its natural justice and ask specific questions rlevant to your case and for rest you will get time to introspect.

Some of the questions are;

1. Did Law forced you to marry a poor girl, a girl who is below your status and intellect?

2. Did Law forbid you not to check if the girl has b/f or not before marriage?

3. Did Law not ask you to sign List of Articles as per DP Act?

Are these three not what your main complaints here are?

If yes then wait for justice as matter is in Court.
If no then also wait for due process of law to announce justice.

Yes, no, doubtful are right now not applicable to you because conviction or acquittal is not yet announced but if you work for it then one out of the three will definitely get applicable and why not? You mean to say are you above Law?

Also if rest dowry law victims are leading happy life why you are complaining? 

Abhishek Das (Corporate Sales manager)     19 January 2013

As i said i am not a lawyer .. but stil i will answer some of your questuions but it will be a other way round !!!

1. Did Law forced you to marry a poor girl, a girl who is below your status and intellect?

No not at all. i got married to a gal below my status as we don belive in caste systme or rich or poor. Yes she was a b.sc student and was plaiing for m.sc and pHd. this is what i liked. so intellect was there.

2. Did Law forbid you not to check if the girl has b/f or not before marriage?

This question is a bit stupid..!! the delhi gangrape case that happened.. !! do u think the girl knew before hand she will be raped or murdered in that bus that night...???? Same case we did still check from our end but how to find a crime that dwell in mind. i have not seen god nor i am an spritual inteelectual.

3. Did Law not ask you to sign List of Articles as per DP Act?

Wat is an DP act ??

plz explain so that i can reply you.

 

finally of all the three questions i see one thing, Law.. is questioning me 100 things instead of doing his job to punish the culprit..!!! 

and the people who you think are happy, they are not as they dont want to be in the mud and might be some who are like odinary indians who always adjust with everything in life. i am the 2nd kind who wnt be compromising with the situation, and expecting profeesionals like you to gaurd the intrest of people like us who are seeking justice, neither questioning them back and encouraging them to adjust with the situation.

and yes i will wait as i am giving our law a chance to solve the issue..!!!

Tajobsindia (Senior Partner )     19 January 2013

One need not have to be a Lawyer to answer these three questions put here;

Above besides the point as I can guess you are a victim of dowry law misuse, further  I would have appreciated if you would not have brought a sub-judice matter of Delhi’s r@pe in your dowry query. Since you brought in now have courage to hear my replies too;


On your reply 1 – Small towns cares more for Status match (caste as well as status). By not marrying in your own status a girl coming from poor family would not have seen status above her status and post incidences would have been avoided which are adjustment issues taken color of adversial laws to save her face in a small town. So someone has to face adversial law and here it is you.

On your reply 2 - In small towns who has b/f and or has g/f are quite well known compared to concrete cities where one can easily get lost or keep such things under wraps from relatives - public for quite long time.
As far as
Delhi’s unfortunate reference you brought in now hear me out; the deceased girl and her b/f should have taken public conveyance at that eventful hours which are round the clock available right there in that now infamous spot as that area is buzzing area 24X7. Small town girl that the deceased brave girl was from she knew in her instincts as per her friends statements and later as per her own friends statement he repented taking that Contract Bus so what I am saying here is “if one knows what is right or wrong then one should follow instincts in reference to Delhi’s r@pe and one should not act like some social game changer”. I am allowed to comment this much on this unfortunate case of Delhi which will now change dynamics of India rapes forever.
Now coming back to your storyboard, if the poor girl is from small town Rourkela and has a b/f then one need not need a detective from Mumbai or Kolkata to come and do such pre-marriage check. Now don’t tell me that your family believes in such status that you did not believe in pre-marital check of prospective bride or grooms too in arranged marriages. Let us not change century old dynamics of cities / town / villages too while now discussing about dowry.

On your reply 3: DP Act – Dowry Prohibition Act. In your stories you are mentioning you are charged for taking dowry which according to you is false. Looking at your profile pic. I donot think you were not born when DP Act came into existence in
India in 1961. Further I don’t think when DP Act came into existence your folks back home in small town Rourkela did not knew about it at the time of your marriage. In the Act one of the Format is about signing List of Articles by bride – groom - families with witnesses as binding. My reference was to that List and question was why you did not insist to sign it with poor girl – her side of family? Had you donethat the dowry stories you are charged now could have avoided. That is what law says in cities and towns and villages. Another question here that forms is how come your folks also asking for justice when they knew well of this List and did not insist to get it signed by brides side? For understanding this much you need not have to be Lawyer. Now why you are afraid of questions both you and poor girl will be questioned.



Thus idea of justice are also factored on all these past events and now saying I have no Status beliefs and I am not god or Marvel superhuman blah blah is not right track is all what I meant by long discussions with you and was trying to put you to facts of your case than these melodramas. Right from beginning I was with your theme and not acting like a Lawyer while discussing. As discussing facts of case helps seek justice not these post facto justification stories and then only one out of the three outcomes comes r/w one of the some…..which I mentioned previously. 

Would you now like to discuss more stories or case facts be clear what you want to discuss!

Soon I will send you a link of a 35 pages paper published in: 2001, “Ankalu’s errant wife s*x, marriage and industry in contemporary Chhattisgarh”.
Take a pause from current litigation and read the article, and you will then understand what you and your folks missed in small Town of Rourkela and now got involved into and how to get satisfaction out of alleged to be false trial as justice finally will be delivered instead of getting into 'revenge mode’ or taking law into once hands.

 

[Last reply]

Abhishek Das (Corporate Sales manager)     19 January 2013

Above besides the point as I can guess you are a victim of dowry law misuse, further  I would have appreciated if you would not have brought a sub-judice matter of Delhi’s r@pe in your dowry query. Since you brought in now have courage to hear my replies too;

Sorry for the same.. but i just wanted to specify that no one knows wats written ahead or wats going in one mind. some people seem to be simple , and masssom types but they are not..and i hv the courage to listen and debate too, no personal grudges ..

On your reply 1 – Small towns cares more for Status match (caste as well as status). By not marrying in your own status a girl coming from poor family would not have seen status above her status and post incidences would have been avoided which are adjustment issues taken color of adversial laws to save her face in a small town. So someone has to face adversial law and here it is you.

 

dear if these were adjustment probs i wud not had mind. infact my wife had msged me before marriage and asked me a promise that i  sud not go for an physical relation with her for atlest a year.. so i kept my promise and did not hv any physical relation.. that is adjustment from end.. tried to cheer her , but she alsuwas had headaqe and no painkillers cud sought out, which forced us to go for citiscan and x rays, and all results said she was normal. this was from my end... so if they were adjustment issues, i wud had taken care of..

 

Now she reached pune on 1st April and 2nd april she calls her bf and makes plan for the above same. On 6th good friday the same call came which arose suspicion in me , bt i cannot suspect my beloved wife as i loved her. things became clear when i cleared the same to her frens about " Sweetu' then the reality came Sweetu was Kamal..and on 6th may when my parenets went to sort the issue, she insulted them and sent them off. Latter on 1st june i called her and recorded the call and asked her about kamal, she denied that she doesnt know him..if so then why calls were made to kamal behera no., her frenzs gave there statements saying kamal se uski shadi ki baat chali thei but cud nt get married for lack of income of the guy and latter on gt married to me. 

they all were told the same story. So non of her frenzs knew bout all this and did not tell me as might b no one wants to brk a marriage. family mebers when knew the cause filled wrong allegations on me, and for today i had to witness the court in rourklea, i did go, bt she did not appear just to haress me. Each time i travel from pune to rkl she doesnt attend and resulting in loss of time. So do u think your long elaborate justification for justice is defined here ????

 

Now coming back to your storyboard, if the poor girl is from small townRourkela and has a b/f then one need not need a detective from Mumbai or Kolkata to come and do such pre-marriage check. Now don’t tell me that your family believes in such status that you did not believe in pre-marital check of prospective bride or grooms too in arranged marriages. Let us not change century old dynamics of cities / town / villages too while now discussing about dowry.

 

As said, or its said, " if you have a cow, and u leave it for grazing, that cow doesnt go to ur farm, it goes to your neighbours farm" in hindi its said, " Gai apne khet mai , dusre ke khet ki ghass charti hai, same happened here..which was revealed latter..

we found out all possible details, and her society said she is a gal with good charecter, but latter on from a washerman of there colony, we got an informationn she plays her real charecter in a differnt colony. so its not possible to investigate bout her in all rourkela ?? we did wat was in our reach.

 DP Act – Dowry Prohibition Act. In your stories you are mentioning you are charged for taking dowry which according to you is false. Looking at your profile pic. I donot think you were not born when DP Act came into existence in India in 1961. Further I don’t think when DP Act came into existence your folks back home in small town Rourkela did not knew about it at the time of your marriage. In the Act one of the Format is about signing List of Articles by bride – groom - families with witnesses as binding. My reference was to that List and question was why you did not insist to sign it with poor girl – her side of family? Had you donethat the dowry stories you are charged now could have avoided. That is what law says in cities and towns and villages. Another question here that forms is how come your folks also asking for justice when they knew well of this List and did not insist to get it signed by brides side? For understanding this much you need not have to be Lawyer. Now why you are afraid of questions both you and poor girl will be questioned.

For this i just asked you for common man who are undergoing false dowry cases and what actions have been taken by court once this was rulled out the case was false ? did any women get any punishment for pulling the man behind bars wth entire family ?

 

In my case i am not a dowry victim as i was well prepared and kept my cards with me and thanks to my 6th sense. 13th when she left home, before she was leaving she got a bashing from her grandmom . My sister called me in office and informed me. an then she was leaving home wthout meeting me, all of a sudden. I asked my sister to vieo record all the stuff silently and all her nautanki got recorded. latter she even took my moms jwelry around 4 laks and told we will return in 10 days. latter on she goes and starts all this nusaince of her tourcher and stuff. if you are on FB, do add me and u  will surely see the realtime pics..when she was with me in Pune. Might be your perception will surely change.. 

today my dad is ill and m the only one earning dont u think its a mental harresment for me.??? and physical torment ??? they are poor, no doubt but sorry to say it was all for money.

 

So just wanted to know one thing in my case if the favour is in my side and defamation is fined and worst case they are not able to pay , will she and her family be imprisoed ? if no wat are the alternatives..

i wish i cud discuss my all case with you and u were my laywer and had been fighting in my favour after knowing my background and reality as i am honest and wann an honest laywer to be in my side keep me sugesting to bring such peeple in the claws of law for mis using and haresing people for money..!!!

. i did not ment to argue with u, as i am in such a state that aroused fire in me and it will only extinguish once i get a correct verdict. 

Krish_Helix (team leader)     05 February 2015

Hi ,
I am running out of an issues where i am recently married of 10 months old and it is an arrange marriage as per Hindu formalities. I have lived with my wife only 3 months and the rest of the months she was living only with her parents and they were taking her for saying all stupid reason of formalities and other religious belief. In the meanwhile, she was pregnant and the baby formation was not proper and it was advised to do Abort("ABORT") with doctors consultation and we did the procedure. Also, we have not registered the marriage so far.. we had many clash between the family since i tried making understand my inlaw that myself and my wife need to get understanding, they refused me a lot. In the begining of our marriage life, a soverign of gold has been missed out which we tried complaining in police station and they refused since they from a village not interested and post that they have taken back all the gold's and other stuff except the Kitchen items back to them without informing us. I tried many times to speak with my wife they are not allowing me to talk with her and giving me all fake reason that I have doubted in virginity by gods way we both enjoyed the love making which she has told myself, mother and my sister about some ladies things on doubts on Sexual activities how to proceed with me.They wanted me to step out of my parents and live with her daughter whereas i cannot do such things since my parents are very poor, they are asking me to send them to orphan. We guess based on this reason are they doing this kind of activites. we have tried with my family members to reach them and not allowing us to meet them. It's almost 7 months gone i have no contact with my wife and not allowing me to speak with her and they are threatining me to give some lakhs together money and other reason. I have some valid proof on this which i had a discussed with my father in law which i have not done any such kind of things..

Also, will this affect my professional career in future if this is going to be filled in family court or any other session. How to protect me in this and i need to live with my wife i know she loved me and they way me had given the same to her.

Please advise me on this .. i am from a middle class family and how to proceed this further and
either i need to live with her happily or need to come out of this in a mutual separation.

Since i know as per legal way now a days legally girls are adding value from government and like me many guys who are not doing any things facing lots of issues.

Please advise me waiting for your kind reply,


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