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Is marriage becomes criminal offence?

Page no : 2

(Guest)

dear manoranjan patnaik

first who said that females are weaker s*x?  i don't think so.

of course females should get justice IF THEY ARE REALLY A VICTIM.  but that JUSTICE should not come at the expense of  EQUALITY BEFORE LAW: article 14 of our constitution granted us this right. any law which treats differently people without reasonale ground, violates this article and is not a valid law.

 

sec 498 is such kind of unconstitutional law. all marriage related laws that treats men and women differently without reasonable ground, are violative of art.14.

all i want to say that a slight modification in law granting mens to say  what they have to say will make those law constitutional and restore equality.

 

moreover section 498 defines those acts as cruelty which is very difficult to prove in court of law. this makes men an easy victim of those feminist, men-hating, selfish, arrogant, greedy women. this is again an INJUSTICE towards men.

we should not bring justice to women at the expense of injustice to men. the key is the nature of offence. the OFFENCE MUST BE OBJECTIVE AND NOT SUBJECTIVE. cruelty is a very subjective offence.

for example physical torture is an objective offence because everybody can see the sign and bruises of torture. but mental cruelty is a subjective offence because the behaviour which is cruel to one woman may not be so to another woman.

thats why section 498 become a symbol of unconstitutional and unjust law.it needs to be changed and accoding to me, it is better to eliminate such clause.

thank you very much.

1 Like

(Guest)

Instead Need of 498a,
The IPC (Sections 299 to 311, which are offences affecting life) can also be invoked in case of a dowry death or suicide.

Under Sections 299, 300, 301 and 304(A), culpable homicide, murder and death by negligence
are crimes.

Section 302 lays down the p unishment for murder: death sentence or imprisonment for life.Sections 113A (Presumption as to abetment of suicide of a married woman) and 113B (presumption as to dowry death) were added to the Indian Evidence Act and can be invoked
in cases of dowry murder or suicide

Most Dreaded Part of 498a is It is NON-Bailable and simple FIR of Wife, Whole Family of Husband gets Arrested WITHOUT ANY INVESTIGATION & Worst part of D.V is Sole testimony of Wife.

We have pathetic lawmakers, WHO REALLY DOESN'T SEE TWO SIDES OF A COIN. & MAKE GENDER BIASED LAW.

1 Like

(Guest)

look zameer who are those lawmakers?  corrupt politicians. isn't it?

they only know how to get vote. they don't know 2 sides of same coin.

 

 

The Code of Criminal Procedure, 1973 (CrPc)

 

 

41. When police may arrest without warrant.

 

(1) Any police officer may without an order from a Magistrate and without a war rant, arrest any person-

 

(a) Who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

 

 

so you see zameer that to arrest without warrant  an officer must have:

1] REASONABLE complaint

 

2] REASONABLE suspicion

 

3] CREDIBLE information

 

do police have any of these things when they arrest the entire family of husband on sole testimony of wife?

the answer is NO.

 

then how come police can do that?

 

all these things violates crpc.  well when law is broken by law enforcement authority , what else can be done?

 

these corrupt politicians! they don't have any place even in hell.

Aatif Khan (NA)     08 January 2012

Hi Zameer!

I agreed to you strongly. I my self is a victim of 498A and DV and had been in Tihar Jail for 19 days . I cried infront of I.O & the judge that my marriage is a Love marriage without any dowry given/Taken. i also showed proofs but still JC was given to me. I lost my job and became a zero. Till date i am only on interim bail for which i hve to surrender again on 16th Jan and don't know whether i will get a regular bail or not. My wife asking for 35 lakhs to free me. My question is that why we mens are not heard. Even after showing proofs why i was sent to jail. My career has been deserted and i see no ray of hope/help. Every night i sleep with a fear that may be she can send me back to jail again. Some times i feel like ending up my life...

My case details re attached...if any bro/lawyer can help me........ 


Attached File : 130456483 bail order.docx, 130456483 fir.doc, 130456483 my story in short.doc downloaded: 117 times
1 Like

(Guest)

she brought  4 charges against you namely:

1] dowry prohibition act 4

2] mental cruelty 498A

3] criminal breach of trust 406

4] acts done by several persons with common intention 34

now do you have receipt of jewellary bought with you? if those receipts exists, the charges of dowry and criminal breach of trust can be disproved because the receipt is in your name which means you are the owner of those articles.

 

then only 498A and section 34 by IPC left. now where do your parents live? you live in dehradun with your wife.

if they live in someplace else, then i think that information will help you clear section 34 of IPC.

but for 498A, pray to god well. only HE can do some miracle.

**Victim** (job)     09 January 2012

Once 498(a) is lodge and once husband is brought to the police station has anyone heard how police talks with us ? They don't even spare our mother & sisters when they talk with us. Finally after using some abusive language they invite wife to come and harass us more and more in police station. Wife will talk as if she is given a free pass to take out her clothes in front of everybody and speak the way she wants to. Later comes to settlement part if you don't agree to their terms and conditions then get prepared for court cases. This is the definition of 498(a)...


(Guest)

friends police is the paid crminal of govt.

revolutionary (NA)     09 January 2012

and then you have people like Mr Amit  (Shantanu) who have praised the article at the start and whereas in another article mentioned below...they are advising a lady to file a DV case where none exists. This is a soceity we live in. Where the very people who should stick together to fight injustice are becoming the root cause of injustice. The learned members if they can read the below article and comment if such an issue really warrants a dv case to be filed.

https://www.lawyersclubindia.com/forum/Re-Initiating-divorce-under-abandone-ment-49745.asp

regards

1 Like

Shantanu Wavhal (Worker)     09 January 2012

 

if husband is not allowing wife to live with him. Also he is not maintaining her properly : 

use of DV  act provisions can help the wife to reside with her husband &/or maintenance.

i have advised to USE the said act; 

Using for righteous purposes is different than Misusing.

Shantanu Wavhal (Worker)     09 January 2012

@ revolutionary

you have people like Mr Amit  (Shantanu) who have praised the article at the start and whereas in another article mentioned below...they are advising a lady to file a DV case

 

specific reference makes me revert and ask you : 

Do u think that DV / 498a are ALWAYS misused and can never be used for just & riteous purposes ??

revolutionary (NA)     09 January 2012

Dear Mr Amit

  Apologies for making a personal comment. I really had no right to do and I am really sorry for the same. In regards to your question above, I  am not as learned a member as you as you seem to have more posts and comments and you understant the legal intricacies better than me. My only point being, even though there could be cases where in such acts should be used. But merely based on the little facts provided one shouldnt encourage anyone to file under such provisions. Half knowledge is more harmful than being ignorant. In your effort to help, it might actually destroy someone else life. The lady who may not have thought about filing for DV because in her post she doesnt mention any kind of domestic violence taking place. But now armed with idea from your side, she may foolishly go ahead with it. She then to prove her point would make the guy and his parents are party to it, causing a lot of grief for them. Its like for the need of simple flu, you are prescribing a complete surgery, there could be other mechanisms legally to address the challenges and issues faced by the lady. I am not against justice, simply against injustice.

Apologies once again and leave it for the experts to comments what really constitues domestic violence and if its really DV and 498 a the only recourse that all women have to get justice irrespective of the situation. If a husband and wife have issues why cant there be a leagal mechanism which listens to both parties without any kind of biase.

 

regards

Shantanu Wavhal (Worker)     09 January 2012

But now armed with idea from your side,

i wonder, if i didnt mention DV / 498a; the wife would never ever in her lifetime get the idea of the said acts.

 

she may foolishly go ahead with it.

so u too admit the fact - 

if she is foolish, she will go ahead.

Shantanu Wavhal (Worker)     09 January 2012

 

 

My understanding of 498a & DV act

Please correct me wherever I am wrong.


Procedure of 498a :

1) Complaint is filed by wife at CAW cell.

2) CAW cell '‘requests'’ husband + in laws & hands over a copy of written complaint of wife.

3) Husband is not legally bound to attend.

4) Husband side files their answer to the complaint.

5) Mediation efforts are done by CAW cell. (both the sides are given a chance to reconcile.)

6) If mediation fails & sufficient substance is found in wife’s complaint, FIR is filed.

7) Unending WAR starts.

 

Not all but a considerable number of wives are subjected to cruelty.

 

Shouldn’t such wives resort to the said provision, after they have made sufficient efforts for changing the attitude of torturing husband and in laws ??


Resorting to 498a first gives a chance to wife & husband to settle the dispute amicably.

For the wife, whose husband & in laws are not ready to change their tyrannous behavior at home, CAW cell offers mediation.


So dispute can be resolved with the help of 498a. Can this be called a misuse of 498a ??

 

If a wife, aggrieved by husbands cruelty properly resorts to 498a can it be called misuse ??

 

Same is true with DV.

DV offers civil relifs to wife if she is driven out of house or is not provided for her basic needs.

If such a aggrieved wife properly resorts to DV, will that be called misuse ??

 

WHY MOST OF MAJORITY ASSERTS THAT THE SAID LAWS CAN ONLY BE MISUSED AND NOT JUST PROPERLY USED ??

 


(Guest)
Dont agree with amit this time ...amicable settlement is only possible when none of the party is mentally pressurized and a mid path is devised to settle the dispute. Keeping revolver on someones forehead to agree to one sided demands is nothing more than law abuse or misuse . The conviction rate in 498a cases is less than 5% certainly indicaites the mass scale misuse of law ... if wife has got the legal resort to settle the dispute then what about innocent husbands which are robbed in the hands of unscourplus wifes?? i am pretty sure if the law is made balanced the number of 498a cases will fall drasricly , family disputes can be very much resolved in family itself and it is no way justified to label an innocent victim as criminal...

(Guest)

look mr.amit(shantanu), how many cases of mental cruelty is proved in court? can mental cruelty be ever proved in court?

 

see the nature of offence: mental cruelty. it means cruelty residing in one's mind. how could such cruelty be ever proved?

 

no physical evidence is found.


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