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Vishwa (translator)     13 November 2010

REAL FACTS OF DV ACT CASES

If you are an active member of this wonderful forum, like myself, you cannot help reading day in and day out about cases filed under this act. It is also claimed that the majority of cases filed have no grounds at all.

What is really happening? What is the impact of this act? How many cases have been filed under this act since 2005 by women all over our country?
Out of these cases, how may cases have been judged? In how many cases the supposedly violent men have been sentenced? What is the sentence, like months of prison, thousands or lakhs of rupees paid out?
What is the proportion of cases that have been dismissed or the man discharged?

Too many questions indeed. Do provide as many answers as you can.

In my case, I have been fighting a trumped up case for the last two years and more. I do not know where all this is leading to and my life has become a hell with constant court attendance, mental tension and lawyers fees. Dear friends, do let us share our experiences in a positive manner so that we can perceive the end of the tunnel and a ray of hope.
Vishwa
Dehardun


 8 Replies

Tajobsindia (Senior Partner )     14 November 2010

1. Most of your questions are RTI questions and I as one of the reader is neither a Pan India APIO nor working for WCD hence suggest to follow 1a/b


1a
Spend Rs. 10/- on IPO and file 23 RTI Applications addressing to each HC of various States and ask them to collect and give you asked data(s) from respective subordinate trial Courts say from period Oct. 2006 till date.


1b. Once you finish of with the initial shooting (means sending speed post with IPo annexed) of RTI applications as suggested above whistle me with your banking account details after 30 days and I will meet expenses out of my pocket for collecting respective answers which I believe will run into minimum 1300 pages.


Shall we !


BTW, if you can't do above then suggest to reframe your same questions which professional (lawyers) and legal persons in this forum can possibly answer them.

1 Like

Vishwa (translator)     14 November 2010

Dear Tajobs,

Thank you for your suggestion, which I think is the right method. Having said that, my information "read somewhere" is that the conviction rate is very low and the majority of cases files under this act do not reach the judgement stage.

As for the steps suggested by you, I think this should be taken up by some NGO so that the figures are made available to one and all. I would only be too happy to made any financial contributions needed.

Vishwa

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     18 November 2010

PLEASE FILE PUBLIC INTEREST LITIGATION FOR CAHNGE OF THESE ONE SIDED LAWS 

1 Like

Arup (UNEMPLOYED)     18 November 2010

thanks mr vishwa and mr taj of india.

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 November 2010

please file public interest litigation. 

I have certain suggestions to preserve families and to save them:

·          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

·          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

·          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

·          Compulsory mediation for avoiding long legal battle.

·          Law should be such that both husband and wife try to reconcile .

·          Law should not be favoring anyone to ensure that marriages are saved.

Domestic Violence complaint/FIR must not be registered after 24 hours of alleged incidence as today girls and their families tries to black mail the husband and his family to agree to their demands and if not agreed then they file the case after even many years.

 

 

 

 

 

 

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 November 2010

 

JAGO RE JAGO HINDUSTAN KE ADMIYO JAGO

Marriage: The other side of the coin By :

ROHAN on 14 December 2008 Print this

As per the suicide statistics by National Crime Records Bureau for the years 2005 and 2006, close to 52,000 and 56,000 married men committed suicide respectively. Marriage is indeed a step toward family foundation, but can it substitute life itself?. MARITAL PROBLEMS have started contributing to modern day stress in a big way. Day in and day out we hear cases of people succumbing to marital problems with the growing numbers of suicides among married people, especially males. As per suicide statistics provided by the National Crime Records Bureau for the years 2005 and 2006, close to 52,000 and 56,000 married men committed suicide, respectively. And the same years noted a splurge in the number of dowry harassment cases filed as reflected in the number of such cases filed – 58319 and 63128. Coupled with that, if a study conducted by Center for Social Research on the conviction rate of such cases is anything to go by, shockingly, there is only two per cent conviction in such cases. This means 98 per cent of such cases are false, and thus a false claim of dowry harassment was made. Not only that, based on that false statement, the husband and his entire family was arrested, put behind bars, made to cough out huge amounts to get a bail and had no choice but to fight a legal battle in an otherwise defunct and dead judicial outreach. They were also subjected to malicious prosecution. For the charge of dowry harassment being false, the concocted stories of alleged torture would also bear no ground. Having thus said, section 498A of Indian Penal Code, being heavily misused has actually turned out into an assassin’s weapon rather a protector’s shield as rightly pointed out by the honourable Supreme Court of India. Instead of making families, it is breaking families, for any woman who has falsely implicated her husband and in–laws in a false criminal case has lost their trust and the marriage has been dead for all practical purposes. A recent study in Mumbai claimed 40 per cent of marriages registered in Mumbai end in a divorce. And most of such cases involve filing of a false dowry case in order to get a quick divorce with a hefty alimony. Unscrupulous girls, supported by ill–minded parents, especially mother, pampered by a biased legal system that is highly de–sensitised to husbands (read married men) have found this as a very easy way to earn tax–free money. And to add, all of these so called marriages are performed on some auspicious date/time in consultation with some purohit/pundit etc. One can remember times when marriages could last so strongly for ages down the memory lane, and those too were conducted on some auspicious date/time in consultation with some purohit/pundit etc, what has changed so drastically in recent times that marriages have become a source of business opportunity for women and a source of ignominy and stress for men? Save Indian Family Foundation, the single largest Non-Governmental Organisation (NGO) committed to the cause of spreading the message of ’gender equity’ and ’family harmony’ in addition to providing free legal, moral and psychological support to the victims of false dowry harassment and ’domestic violence’ cases, receives on an average of 200 calls per week over its various helplines spread all over India and abroad from battered and harassed men who are either victims of the misuse of these laws or are subjected to ’domestic violence’ at the hands of their wives. Have we come to a point in time when we need to consult a lawyer rather than a pundit or a purohit to decide a marital knot? Especially, a male does need to do so before tying the knot. For if the marriage does not work, which is quite possible in today’s dynamic socio–economic scenario, he will have to bear the brunt of the fallacy. A false case lodged with the help of the corrupt police force, sleeping judiciary and mercenary lawyers robs the man of his health, wealth, life, career and happiness. Even with a low conviction rate, the mental trauma that the man and his family including his mother and sisters and his father and other relatives undergo cannot be described in words and is by no means less than actual conviction. But does life end there? Is the end of marriage, the end of life? Perhaps yes, but probably no. Looking at the alarmingly high and surprisingly suppressed suicide statistics of married males as mentioned in the first paragraph, it is probably true that for married males, the end of a marriage is end of life. But seeing the spirits of a few thousand volunteers at Save Indian Family Foundation, reality shifts. Here people have not only gathered strength to fight against the system and stride against the tide, but have also developed high amount of positivity in their life and learned to remain happy despite a despicable and pathetic married life. Marriage can definitely be the first step towards family foundation but cannot substitute life itself. Life is too big and diverse and there are many things to be done in life than to waste it in crying over the split milk called bad marriage. The volunteers at Save Indian Family Foundation have taken cudgels against not only the biased laws and their faulty implementation but also against the mindset that a woman will not break away from a marriage without justifiable reason. This is a bitter truth, which the society needs to know, imbibe and live with, till the time it refuses to change itself. Source : msn,https://content.msn.co.in/MSNContribute/Story.aspx?PageID=740a63e8-5966-45c4-9251-96263dadd4e7

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 November 2010

 

 

It is high time to act now or never.

 

 

 

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony.

 

It is a jungle raj and  way to become rich on others money.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

              Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are seceding because of these biased laws.

 

ALL CONCERENED HUSBANDS ARE ADVISED TO FILE THE PETITION ON ABOVE LINE AND READ THIS NEWS 

 

 

Petition praying for amendments in Section 498A of IPC.

By : Legal Fighter on 28 November 2010 Print this

 



 

Petition praying for amendments in Section 498A of IPC.

**********

The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.

2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees Standing Committees Committee on Petitions Petitions with the Committee.

3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.

4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.

5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.

 
Source : Rajya Sabha Web-site, https://164.100.47.5/newcommittee/Petitions/Committee%20on%20Petitions/498%20IPC%20English.pdf


 

Uma parameswaran (lawyer)     02 December 2010

D.V Act  is not for giving punishment to the other members in the domistic relation ship. But only a remedy to the aggrieved person  as a protection order,residence order,monetary reliefs and compensation order. If there is a breach of order ,then it shall be punishable.

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