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

Page no : 2

hema (law officer)     26 July 2011

The cases of Section 498-A have to be seen from various angles to understand its full impact in on indian society.  First from judicial point of view.  so far judges are concerned, the conviction rate of eighteen per cent (not two per cent as some male supporters suggest on this forum time and again in a belief that if a lie is told hundreds of times it becomes truth) is normal in criminal proceedings.  The judiciary is seeing similar less convictions in almost all criminal cases.  Either they may be murder, robbery, rape, kidnapping, attempt to murder, abetment to suicide, bride-burning deaths etc.  The conviction rate is so low despite there is ample proof of comission of offence (dead body in murder case, medical evidence in rape, eye withnesses in kidnapping and robbery cases, again dead body in abetment of suicide and bride burning etc.).  There are innumerable reasons for less conviction in these cases.  The foremost among them are the corrupt and equally ineffecient investigative system (police), the corrupt and equally inefficient prosecution, the long trials, connivance between the prosecution (sometimes complainant's advocate) with the defence counsel etc.  So, less conviction of Section 498-A cases will not make the indian judiciary to believe that most of these cases are false (This I am commenting despite Justice Dalveer Bhandari's remarks in his judgment in "preeti Singh versus State of Jharkhand).

Now, let us see the view point of  women (complainants) qua S.498-A cases.  Most of them are not interested for a full fledged trial for the reasons as mentioned by Princess.  So, they go for compromise / settlement.  It does not at all mean that their complaints are false.   They know at the end of the trial, if the husband and his relatives are convicted they go to jail and it does not solve an iota of problems with which she is surrounded.  The first problem is that her parents spent huge amounts out of meagre savings to get her married.  It may be for dowry, marriage expenses or for forced show-off in the society.  She cannot recover the amount by just convicting the husband and his relatives for their misdeeds.  Her efforts would always be to recover the lost amount as much as possible, so that it can be ploughed for younger sister's marriage or for her and her child's future maintenance.  There is neither civil law nor criminal law to recover marriage expenses.  Next, after marriage, she has lost her virginity, which is the most valuable thing in indian psyche.  A brand name of "divorcee" or "estranged but not divorced wife" degrade her value in marriage market.  If she has a child out of this marriage, it is most difficult thing for her to get a suitable another marriage.  The damages that caused out of this marriage cannot be compensated in terms of money in the present prevailing Indian Law.  So, in filing Section 498-A on genuine grounds of cruelty, she would resign to go for compromise / settlement after recovering some damages for losing the virginity and for facing the future life as divorcee etc.  So, women prefer to go for settlement instead of full trial in section 498-A cases, as at the end of the day, mere conviction of the criminals will not minimize her financial and social miseries, but if it is a settlement at least some monetary compensation can be achieved.  So, even at the time of filing Section 498-A, a woman's mind is not there wholly to take revenge or to convict him and to send him jail.  Some Ravinder Kumar was telling in his above post that as the cases are false revenge intention will not be there in the wife.  He is utterly wrong.  In criminal proceedings, the complainant's revenge is not the driving force.  It is State's intention to deliver justice to the State which received injury (complainant is only an instrument, the real injury is caused to State as per criminal jurisprudence) pushes it to hold full fledged trial.

Section 498-A from the angle of the husband is quite different.  Most of the husbands and his relatives in Indian Society really do not believe that the acts perpetrated by them against their wives  are not harassment.  They, from the bottom of the heart, do not believe they are criminals.  Our society mixed with medieval culture and advanced capitalist system moulded our mindsets in a peculiar way.  A mother in law aged between 55 to 60 years (wanted to take rest in her life from her gruelling domestic chores through out her life) expects that DIL will help her in domestic chores.  DIL, who is a working woman, cannot match her expectations.  The male members, due to medieval culture, do not have the habit of sharing domestic work with the female members.  Then there are conflicts.  It is only an example.  Several reasons are there for indian society to develop matrimonial disputes.  Men and women are not treated equally.  Taking the tradition as source, It is unilaterally decided Matrimonial homes  are the places, where husband and his family reside.  It gives great resentment in the wife from the day one of marriage.  Even though she cannot break the tradition, she develops grievance.  DIL, even though, a working woman, is expected to work just like ox (excuse me for gender injustice) in the kitchen after doing her out sider jobs.  Her income is another bone of contention.  In a nutshell, husband and his relatives, some times knowingly and some times unknowningly harass the wife either physically or mentally (most of the men do not believe that there is any thing which is called mental harassment).  Such men, if wife files section 498-A case, think it only a method to extort money from him.  He believes that the allegations are false but are put against him and his relatives to extort money.  So, even if he goes for settlement, he believes that the allegations are false.

Finally from public view.  Indian society is never kind enough to women, even though it appears to project women as godesses, they nevery treated women as equal human beings with equal capabilities and aspirations.  Often we see on this forum some scoundrels argue that women are physically weak and they cannot match the men and that is why they shall not ask the equal treatment.  These very scoundrels licked the boots of britishers for 200 years for their physical strength.  Now also, I ask these scoundrels, would they become servants of Americans, because physically they are stronger than our Asians.  In this century mental power is the most dominant power and given the equal opportunity women become equal as they have equal mental power.

Lastly, in criminal law, there are two methods to abruptly end the prolonger trial.  The first method is compounding the offences.  If the parties accept to settle the matter, in respect of certain offences, the court allow the parties to compound the offences.  It does mean, that the accused is culprit and he wants to pay fine and compensation and the case will be closed.  By compounding offence, you cannot say the allegation is either false or not.  some times, the accused, even though innocent, to avoid prolonged trial, may accept his offence  to settle the matter.  Some times, the accused, really offender, to avoid prolong trial, may accept his offence to settle the matter.  In such cases, you cannot say that the allegations are false or not.  But in the case of Section 498-A, the offences are not compoundable.  Hence, in such settlerments, you cannot say that the allegations are false, as the complainant took compensation and allowed the accused to go away scot free.  Similarly, in the case of pleabargaining, the offender admits his offence and accepts lesser punishment or pay fine.( Some times, even though he knows he is innocent, he pleads bargaining to avoid prolonged trial).  Such plea bargaining is also not permissible in matrimonial offence. 

At the end, mere settlement does not make the allegations false or true.  Only full pledged trial can decide the matters to some extent. 

raj malhotra (M.D)     28 July 2011

HELLO MADAM...

             CAN U SELL TRUTH...NO TRUTH IS NOT INTERESTING A ITS TRUTH...SO A TRUE PERSON WILL NEVER SETTLE BY GETTING MONEY BUT A PERSON CAN LOSE MONEY FOR TRUTH..BCS TRUTH IS NOT BIGGER THAN MONEY...HOW CAN A TORTURED WIFE SETTLES FOR MONEY???


(Guest)
Originally posted by :raj malhotra
"
SO A TRUE PERSON WILL NEVER SETTLE BY GETTING MONEY 
"

 

Your statements are as good as saying:

 

"A good person will never become angry.So,all angry persons are bad persons.

 

If we go by this rule and start eliminating all bad people,no human being will be left on this planet."

 

 

There is no fixed rule that a true person will not settle for money.Hema jee,Roshni & I have explained v.well why a may be withdrawing a 498A case.

 

We cannot go on repeating our analysis again & again for every person who comes on this thread with the same lame argument,that the girl who withdraws the case is a liar.

 

 

It's better you read the entire thread to understand the common reasons all 3 of us have explained,to highlight why a case is settled.Please stop harping on the same point.

 

It will not change the truth,which we have shown

Kunal (uniworldunitech@gmail.com)     28 July 2011

Roshni b, princess and all pro women activist Is the argument made only to counter the percentage of false cases or all together terming 498 cases as genuinely filed by each wife as truth. What are your views in cases which have been fought and found false. A legal terrorism. I think you should file a case in supreme court in order to stop the amendments proses in the law.

Mentally Depressed (will tell you later)     28 July 2011

PROVISION OF PENALTY MUST BE THERE FOR FILING FALSE CASES IN ORDER TO CRUB ITS MISUSE


(Guest)

 

If we cannot make trial of 498A compulsory to find out the truth,if we cannot set a time frame for the solving of this case,& if we cannot ensure honesty in judiciary,we make it hard for a genuine wife to pursue a lengthy,corruption ridden litigation.

 

Since we do not respect this litigant,and treat him like an animal who can be taken for a ride,we  also have no right to propagate these medieval,manipulating and misleading statements that all withdrawers of 498A case had filed a false case,then withdrawn it, only to blackmail the husband.

 

I am surprised why these misleading statements are being spread nationwide for so long,even when there is no concrete evidence to show that all women who had filed 498A,then withdrawn it, had actually filed a false case.This is a big slap on each genuine girl also,who had filed,then settled this case.Unnecessarily,she is being made to feel guilty & like a culprit for no fault.


(Guest)

@Kunal

 

By saying 100 or 10,000 times that ALL women who settle cases are liars,it will not become truth.Truth has to be PROVEN.

Though I do agree that some women who settled these cases must be liars too.But we do not know who's lying & who's truthful.

 

Hence trial is suggested.

 

 

 

Mentally Depressed (will tell you later)     28 July 2011

CAW admits that women filed false cases against husband only for her demands and they receive complaints only for this that thir husband didn't provide her mobile, didn't take her to 5 star hotel for dinner, et etc

If all these complaints come under 498a then it is right..


(Guest)

Every complainant does not file FIR through CAW cell.

 


(Guest)

Also,did you do any research on "CAW cell analysis"?

 

Please show your research papers.

Mentally Depressed (will tell you later)     28 July 2011

On basis of report in news paper

Infact no body has done any research on any paer they are stating on the basis of experiences

Kunal (uniworldunitech@gmail.com)     28 July 2011

@ princess Where have you got the data of 98% cases are false. Has it been published by ministry of law.

Mentally Depressed (will tell you later)     28 July 2011

Man cannot show face in the society (as I am Hiding) if any false case has been filed against any member of the family. Quareels used to happen even among parents.But it doesn't mean she ever left the house and dragged my father in false cases

During her last breath no one from the in laws side had ever came. The one person who helped her is my father

Young ladies should learn from them as she is expecting that her parents and her brother/sister came to help her in difficult times .They are inder wrong impression. Only one person she can rely is her true husband

Eeven in her maternal home she faced humiliation from her sister in law and for them it is quite tolerable and if any relative of husband even requested for adjustment. They label it harssement

ITS VERY BIG JOKE

karan singh (none)     29 July 2011

@princess

absolutely true....the conditions of a women mentioned by you is a shame on the society.

Kunal (uniworldunitech@gmail.com)     29 July 2011

@roshni b and princess I want to know from where have you got the data of 98% false cases of 498a. I believe in your esteemed cursade against the men and to prove that women are all genuine, you must have started this thread with some concrete evidence and data gathering mechanism. In case this % is your imagination, then I would request you to please not mislead the world with your blinded pro women attitude. As you have been challenging all the boarders here with evidences, witness and case facts, please come forward with your own data % basis.

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