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dowry victim (housewife)     18 February 2012

Why does it take so long

I had filed a DV case 6 months ago and the hearing is still yet to start. I met a couple of other girls who had filed DVC 1 year ago and a few more had filed it 2 years ago.

I hear the 498A take a minimum of 4-5 years. one girl I met at court had filed a 498A 5 years ago and she is yet to be called for witness.

I hear the contested Divorce takes atleast 2-3 years.

from all this, it seems that whether its a genuine case or a false one, be it the bride or the groom, its always the innocent who is harassed further by the legal system. Imagine the horror of an innocent guy along with his aged parents having to run around courts and facing so much of insult for 5 years at a stretch. And imagine the pain of an innocent tortured suicidal victim having to wait for 5 years to get justice. Isnt it this delay that is encouraging people to go for out of court settlements. Isnt it ths delay that encourages the b*st*rds to harass women as they know that girl will probably not have the patience to wait for 5 long years for justice and hence nothing to lose. Isnt it this delay that is encouraging the b*tches to file a fake 498A as they know the innocent guy and the OLD parents will probably not have the patience to wait for 5 long years to prove his innocence and hence will heed to her unreasonable demands.

i believe only lawyers know the best about the loopholes in the indian legal system. Isnt it high time, you guys try to work on removing these flaws. once, this is done the number of out of court settlements will come down as they will now not have to wat for so long.

Any comments?



Learning

 18 Replies

Manav Kalia (Arguing my own cases..)     18 February 2012

I think that it is both ways for men and women that the delay causes anguish to both. In my case wife filed false DV on me and case going on for last two years and so far even the interim orders have not been given out forget any witness, in my case wife is delaying the case to trouble me. The point is that both men and women suffer by delay not just women. Point about legal loopholes is that lawyers use them for their own interest that is to prolong the case and their fees. I am arguing my own cases for this very reason. And trust me it is not difficult. The acts themselves are a few pages to read and easily available on the net. Same for higher court judgements. Only the court procedures need experience. And for that any local junior lawyer can help as is my case. Doesn't cost much money also and you don't have to relinquish control and suffer delays like that you are complaining about. And there are ways to expedite the case but I guess your lawyer did not mention them. The same legal loopholes that cause delays can also hurry up things. You just need to know how....
1 Like

(Guest)

@Author,
I read your Previous post regrding How to Proove Dowry harrassment, and Now this post.. By the time you have realise and All including me that what purpose this law was introduced..same story with DV and other women centric laws.


Ultimately these laws destroy families on either side, Socially & economically, Mentally.

Most fake cases where Idiotic step taken by Bride side to extract money. What she gets in the end some Money, But what she looses.If her husband turn out to be Case Fighter..


Invaluable years which can be spent with her husband.
Facing Society with Weird & Doubtful faces

MOST IMPORTANT,
when She is Alone at the end, Because same parents wont be there to support her, Since she herself axed her relation with Husband..

being genuine victim (as per your Version of Story).. you can learn the Court procedure, Laws, Acts and findout what you can do..

Best of Luck

1 Like

wifebetrayed (service)     19 February 2012

dowry case should not be settle based on out of court settlement unless husband and wife decide to live togther, this would reduce fake case which take court time affect geninue dowry victim. whose case is delayed and she need to suffer

1 Like

Tajobsindia (Senior Partner )     19 February 2012

 @ Author,


In any nature of matrimonial case in the end neither party wins. It is just state of mind. All 5 entities are equally contributory and singling 1 to be The Demon does not help rest of the 4.

1. Police
2. Advocate
3. Husband
4. Wife
5. Court (system)

 

What counts at the end is are you good enough to go to Heaven !

2 Like

wifebetrayed (service)     19 February 2012

based the fact, vicitim of false 498a have to go though hell while fighting system.

 

There must sort of quoate of reserveration of them in heaven. :)

1 Like

Manav Kalia (Arguing my own cases..)     19 February 2012

@tajobs, you forgot to mention in laws in your list.. ;-)
1 Like

salma Kamdar (housewife)     19 February 2012

What i could sugges is that forget dowry and forget Dv . Dont waste time in legal issues . Invest time in something that can help you specially girls . I am also a victim of emotional cruelty but due to wise advise of people in lawyers club i decided not to file dv nor dowry  . Past is gone and its upto us as to what we have to do in future . crib over past and freshen bad days by going to court or look ahead and move on. Dowry n dv will lead only to a divorce and too much bitterness . I think real victims of dowry and dv are those illiterate people who dont even know their rights . 

3 Like

(Guest)
Originally posted by :salma Kamdar
"  I think real victims of dowry and dv are those illiterate people who dont even know their rights .  "

 

Ultimate Truth,
These laws made for somebody else, and used as tool and weapon by someone else..

1 Like

Shwetha (Software Engineer)     19 February 2012

that is not the ultimate truth...

dowry harassment and DV is present all over...just that the illiterate people either live with it or die with it and the educated women decide to fight back.

your assumption that this NEVER happens with educated women is absolutely wrong.

Vikram just suggested in the other thread that for her own sake she should withdraw the cases and go for a MCD and give herself and her life another chance...

now assuming that this girls case is a genuine one,

what do you think she should do? should she waste the next 15 years of her life and ruin herself or should she just forget and forgive and move on with her life...if she happens to go for the second option adn withdraw her allegation, where would you count her...amongst the genuine cases or the fake ones? you would right away count her amongst legal terrorists who are using the 498A and DVC to match the scores with their husband and what not...

thi girl here is putting forward a very valid point...we all need to think on this...and if possble work on it....there are a lot of girls out there who decide to withdraw the cases and move on for their own good...you are counting them all under fake cases which is actually not true...the amount of time these type of cases consume needs to be brought down...and then we will have the right statistics...

2 Like

(Guest)

 

@Shwetha

 

 

"dowry harassment and DV is present all over..??? "
Dont you think Your this View is Presuming that All marriages in India have gone through Dowry harrassment & DV ?

"educated women decide to fight back."
Educated Women fights back ? I dont think so? It is Ego and Some time Self Interest which lets her to take such drastic Step Wise thinker will always try to avoid such situation.


It is quite well Understood wise women will never indulge in such practice Even unwanted situation arise she will look at Genius way to avoid it, Instead of Solving it Intelligently or more Precise I would say screwing Many lives include her. But I said there would be Some Self Interest. Which Only She & her Parents know!

I never Count all cases are fake, May be there are genuine, But as Salma Said, those Illiterate people, some time from Remote Village dont even know. So Laws used for someone else, and (mis)used by Somebody else.
That is why it is well known understood Urban Metro Wives only Gets harassed by Dowry & Victim of DV.

As for sure this, Why they give or provide any demand of Dowry at first Place? Dont they know giving Dowry is equally Crime? Since they are Educated I Assume and you said they courage to fight back? If they are so true in their actions why they encourage giving in Demands of Groom side at first Place? Later what we see as a result?

FIRST Neglect of Laws like DP Act. and then Misuse and Abuse the Law to come out from Situation.

Unless we don’t have Gender Neutral Law for Both couple, there would be imbalance in Society, and please read the post of Author, Now She wants to adopt orphanage. See her post below in depressed mood she has written...

I have no beauty left to be groomed
I have no dreams left to be fulfilled
I have no desire to get married again...
I am better off alone
my parents can take care of themselves
I have decided to adopt a child from an orphanage

Similarly we would see more and more Single parenting in future in Society like India. Unless we don’t have Safeguard for both Male and Female.


(Guest)

Why people see the result?It is because loopholes of the judiciary accused are acquitted in 498A cases otherwise no girl breaks her home filing false cases

Shwetha (Software Engineer)     19 February 2012

and dont forget to count the cases where the girl withdraws genuine allegations saying they were fake as she doesnt want to waste 10 years of her life..people like Vikram are suggesting withdrawing such genuine cases too...then you should consider them while giving your statistics...shouldn't you

salma Kamdar (housewife)     20 February 2012

Shweta chill . I hope you believe in god . sometimes god does those things which we cant do. you know what , i have already paid lawyers to get a draft for dv , dowry , written statement for restitution and much more . I was very angry to the fact , that the one who was troubled was me , the one whose life got screwed was me , the one who was behind some other girl was my husband , the one who did not work for the marriage was my husband , the one who took me as garbage was he , and all this being on one side , I was put with allegatios of having 3 extra maritial affairs , n saying kid does not belong to my husband and that i demanded house from my husband and much more of things which made difficult for me even getting out of the house . I was very angry very angry and thought will say facts and file dv dowry against him . But then wise people from this club changed my decision . what will that fetch me . DV n Dowry case on husband could fetch me money but it will certainly not make good bad things which happened . It will infact have negative impact on my future as well as make my hubbys life a hell . what he did to me is certainly cruelty but by retaliating m i not making him pass through the same trauma.     that solely my point of view . but one other principle which i always followed in life was " Zulm karna paap hai aur sehna usse bada paap hai" . so i moved out from the place where i was being suffered . that principle says dont tolerate it . but does not say teach the one doing zulm a lesson of life . but along with hubby his parents also suffer . 

salma Kamdar (housewife)     20 February 2012

Shweta i agree , no girl loves to break her home . /and as far as people are concerned their work is to speak ill. How many days will they speak . Once a new topic willl come they will forget the old one .  we should be confident and should trust ourselves . society . I hate this term . trust me specially my community peeople .


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