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Roshni B.. (For justice and dignity)     25 July 2011

Is settlement of 498A case a good reason to call it false?

I have been hearing that 98% 498A cases are "FALSE".


Now who decides they are "FALSE"?


As per my understanding,

"a case can be labelled as false ONLY IF it was fought fully till it reached its logical conclusion.Before reaching its conclusion,authentic,foolproof evidences were shown to the judge,which proved that the girl was lying..Only after seeing these evidences,the judge can decide that the girl has filed a false case.


Now, 98% of these cases are not reaching their logical conclusion.

They are getting settled beforehand.Since they are getting settled beforehand,no evidences have been shown to any judge which prove that the girl had actually filed a false case.

So,despite there being no such evidences to prove her lies,we still assume that her case is false,only because she has settled it!!!


 

 Is settlement a good reason to label just any case as false??






 38 Replies

amita (nil)     25 July 2011

very true, & u have explained it very well.i have seen ur prior messages also & they are quite sensitive.thanx atleast u understand the problems of women

Ravinder Kumar (Account Director)     25 July 2011

@Roshni: 

 

 

 Is settlement a good reason to label just any case as false??


It is not the settlement but the agrement she signs in which the wife agree to withdraw all the cases against the husband without any liability and will not file any in future too. So they are assumed to be false.
 
Though I too feel that percentage of false 498A cases cant be 98% but yes they are more than 50.0%

(Guest)

 

 


It is not the settlement but the agrement she signs in which the wife agree to withdraw all the cases against the husband without any liability and will not file any in future too. So they are assumed to be false.

 

Though I too feel that percentage of false 498A cases cant be 98% but yes they are more than 50.0%
"

 

 

The article written by Roshni does not talk about clauses inside settlement papers.That is a different issue.

 

It mainly asks why the authorities have labelled settled cases as false,even when they were not fought inside court to prove their falsity.

Nothing in this world can be termed as truthful or as a lie,if it is not proven.

 

As a result all women who are settling cases are being branded as liars.This are highly defamatory statements,which have been made without any solid grounds

Ravinder Kumar (Account Director)     25 July 2011

@Princess: I didnt said they are false, I said they are assumed to be false. 

 

BTW, In court if anything is not proved and accused is not disposed as guilty, the case is considered as false. 

Roshni B.. (For justice and dignity)     25 July 2011

@Amita

 

Thank you very much..

 

@Ravinder

BTW, In court if anything is not proved and accused is not disposed as guilty, the case is considered as false.

 

That is what my point is.If something is NOT PROVED in court,it means the case was fought,but no crime could be proven.You cannot prove or disprove anything without fighting it out.

 

So when the case is not fought,but settled & quashed after settlement,who are the authorities to proclaim that the girls first file cases,then withdraw because they are FALSE.????

This is 1 reason,that even genuine cases are looked up with suspicion,only because they were also settled.

For example:My mediator also assumed that I had filed 498A only to harass my in-laws & husband.Infact she forced me to settle this case,by keeping me in mediation centre till 10 PM,till I agree for the settlement,although I wanted to fight out.She did not appreciate that my case was only against my MIL & husband.I deliberately dod not file it against my FIL,as he is too aged,even though he had  been an equal party in this harassment.

 

As rightly pointed out by Princess,labelling all settled cases as false cases is defamatory to all complainant women.There must be reasons why a case has been settled and not fought out,which the authorities do not try to find out.

Ravinder Kumar (Account Director)     25 July 2011

Roshniji, everybody learn from their own experiences, 

But I want to share something from my experience, I visit court almost every month once for my dates and instead of roaming around I sit inside and watch others proceeding (we Indians like to hear abt others life ;)) and following are my observations,

1. Women (read their cases) who are run by their parents/brother/lawyer most likely file false cases and when the judge ask something she looks at her parent/brother/lawyer for the answer. Although she may not be in support of filling that case but only because she is convinced by them she agrees for it.

2. Educated and independent women seldom files completly false case, though sometimes exaggerate things to make her case more strong.

3. In love marriages, things are relatively clean and simple..Most of the times it is mutual.

4.Ego of parents from both the sides distroy all the things, husband & wife can still discuss and sort out things but when parents intrude in their decisions, it ruins every thing (as in my case). I understand no wife/husband will ever want to hurt the other in any way.

5. Lawyers play a very crucial role in all these cases.. Sometimes I feel that it is only them who are fighting these cases and parties are just following whatever they say..

The list will go on like that...But as I say earlier too not all cases are false but more than 50.0% still are (due to the reasons mentioned above and more)..and I know you too are right, cause only true people have the guts to speak..

End of conversation from my side now...

Manoj Choudhary (Advocate)     26 July 2011

roshni ji. I agree with u. But here is a question. Suppose somebody slap u. U will file a case agaist him/her. Its a human nature to take revange. What abt 498a cases? Till the time u never pay huge alimony, revange remain there. Once the money is recieved everything is fine. No case in future like that etc. If there is no bad intension, how many matters are there those got settled without money. May b just 2 percent. U may not agree with me. ee with me.

Roshni B.. (For justice and dignity)     26 July 2011

Thanks a lot..

My issue is not about who files which type of case

I am highlighting the attitude of all those agencies which give irresponsible remarks that settled cases are false,because they were stopped midway.

You must have seen hearings of a few cases for a a few days only.Not till those cases end.Or else you'll have to visit each case's hearing for several yrs. There are so many twists and turns in each case,before it concludes.We cannot conclude whether the girls or boys who attended these hearings were lying or not,just by observing them for a few days.

 

 

Because of these irrespionsible remarks,there is so much hatred for all female complainants now.

 

 

 

The best of judge will take his own time to verify if a case is false or true,which may take years.

 

I have personally seen a judge taking 1 hr. in criminal cases,per hearing.What to talk of cases that are settled in mediation centres where no proofs are demanded!

 

Life does not run on assumptions,that settled cases are assumed to be false.It runs on logic and reasoning. When law is clear that you cannot pronounce someone guilty or innocent without trying him,there's no need to pronounce women who settle the cases are liars.

 

It's better to have a fixed time frame for all 498A cases,say 1 yr.In that time,the case has to be tried and concluded(not settled)at all costs.Judges have to be v.strict about it.

 

It should be mandatory that the woman who files this complaint will have to fight it out and cannot back out in between,except when there are highly genuine reasons like cancer,terminal disease,etc.

Do this,and then see the true percentage of genuine cases coming up.I am sure the %age of genuine cases will be astonishingly different.

 

If we cannot fix a time frame for 498A case,agencies better refrain from saying that only liars settle cases.Since no "liar" is interested in long driven cases.


(Guest)

Even if a case is settled because money was offered,it does not make it false.(exceptions may be there)


A woman must have several reasons that I am listing below which made her settle the case with money,so that she gets peace.


Money acts as a partial,"soothing" compensation,so that the mental trauma and wounds are filled up partly,if not fully.Even when people lose their families in mishaps,they demand heavy compensation.That doesnt mean that the deaths were fake or that they were trading the dead bodies of the deceased.


Reasons why cases are settled after getting filed:


 

1.Lengthy trials(Who likes lengthy trials)

 

2.Corrupt judiciary(she may not be rich enough to feed everyone)

 

 

4. Expensive litigation(if the girl chooses to hire a private lawyer)

 

5.Pressure on her to settle the case by her own family which doesn't want to support her in the case.

 

 

7. Her future insecurity that she will spend all her life in this case and will pass out of her age to remarry

 

8. Hard to fight a case,esp. when she is pregnant or has a minor child

 

9. Threats by the opp. party if she decides to fight out.

 

10.Her own lawyers colluding with the opp. party.If she changes the lawyer,no guarantee the 2nd one will be faithful.As a result she may lose hope that any lawyer will support her.

 

11. Dirty tactics played by the opp. party to delay the proceedings

 

12. Loss of health & mental peace while fighting the case


 

All 498A complainants will face more or less all these circumtances when they plunge into litigation.

 

So they decide it's useless to fight out,even though the offenders should be punished.Hence they decide to settle.

 

 

Since above circumstances force them to settle,how can we be saying that all such women's cases were false?

 

 


1 Like

(Guest)

All said and done,few cases may be actually "FALSE".

 

But let us not say 95% cases are FALSE,till we have tried them out.

 

If we cannot try them out,if we cannot make 498A trial compulsory,it's better we stop publishing %age of false 498A cases publically,only on basis of one bogus,misleading,manipulative statement.

 

"That these cases were withdrawn before time and setlled.That is why..."



(Guest)

Just ponder the case history of the girl who declared his legally married husband as brother and eloped with lover within few days of marriage. she declared this in front of press, police, inlaws and her parents. though her aprents were not agreed,

when deserted by lover she again returned to her parent's home and  claims that her rakhi brother(?) is her husband.

now she filled all cases of DV/498  etc against her so called brother.

Think about the poor young boy. what was his fault?

girl may be acting on behalf of her parents or for sheer inscurity in life but can she be termed as TRUE or VICTIM?

what was the case if her lover still "keep" her or again he again returned in her life?

These type of cases dilute the cases of genuine victims.

one has to agree like many men , many women are crooks and frauds. all are not sati-savitri.

Roshni B.. (For justice and dignity)     26 July 2011

@Debashis

 

I agree with you that some women are crooked.There are shades of black & white everywhere.

 

Still not all women will make such public declations,like this one.That is why it became news.Else it would have been a routine affair.

 

Therefore I stick to my main point again.

Unless a trial has taken place and case has reached its logical conclusion,authorites should not be declaring nationwide that 98% cases are false,only because they were withdrawn.

 

It defames those genuine women too,who filed it for justice,but ended up with a biased settlement,or settlement by choice due to varying personal problems.

Kunal (uniworldunitech@gmail.com)     26 July 2011

498a is used as a easy tool for women to extract ransom from their in laws. The cases get settled because they were filed with the idea of terrorizing and then settling for a bargain. The cases are also settled In some situations where either of the party realize that they would loose it in court. I think the if idea of filing these cases by girls is getting their husbands and in laws punished by court for their misdeeds, then there should not be any reason for them to settle. But going by stats if the cases are settled, then it shows that girls are not interested in getting their in laws punished, they are only interested in harassing and extracting. The solution to this problem would only be an amendment in act. Once this happens you would see the false ones weed out and 498a would never be a terrorizing tools. Then all the pro women entities would get the true % of false cases.

Roshni B.. (For justice and dignity)     26 July 2011

Originally posted by :Kunal
"

498a is used as a easy tool for women to extract ransom from their in laws. The cases get settled because they were filed with the idea of terrorizing and then settling for a bargain.

 

What makes you say so?Any proof?Any evidence?



The cases are also settled In some situations where either of the party realize that they would loose it in court.

 

Again,what makes you say so?Any proof of your claims?

 


I think the if idea of filing these cases by girls is getting their husbands and in laws punished by court for their misdeeds, then there should not be any reason for them to settle.

 

Princess has explained v.well,why they must have been settled.That does not make them false,unless they were "proven" to be false.So your arguments are all based on assumptions,that they must be false.Not that they ARE FALSE.

 


But going by stats if the cases are settled, then it shows that girls are not interested in getting their in laws punished, they are only interested in harassing and extracting.

 

Again this is an illogical,misleading argument.All the previous posts have stated that falsity of a case can only be decided through trial;not before trial.Therefore I have suggested that a time period of 1 yr. be fixed for the trial & conclusion of a 498A case.If our legal system cannot even do this much,none of us must assume that all settled cases are false.Life does not depend on assumtipons.

Long back,our eartth was "assumed" to be flat.Only after scientific tests,it was "proven" to be round.Therefore,proofs have more weightage than mere assumptions.

"

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