Truth of Ipc 498a - Misuse and Abuse - Tool for Extortion and Blackmailing and Harassing Indian husband and his family

Truth of Ipc 498a - Misuse and Abuse - Tool for Extortion, Blackmailing and Harassing Indian husbands and his family

On Hum Log - A programme on News Nation Channel televised on 18 June 2015

Video Credits and Courtesy:- News Nation TV channel

INDIAN Men and Husbands face Domestic Violence. Misuse of ipc 498a (Anti Dowry), DV acts, Anti Rape laws

INDIAN Men and Husbands face Domestic Violence. Misuse of ipc 498a (Anti Dowry), DV acts, Anti Rape laws - A programme on News Nation Hum Log 04Jun2015

Video Credits and Courtesy:- News Nation TV channel

दहेज का फर्जी केसः पत्नी को 7 साल की कैद

दहेज का फर्जी केसः पत्नी को 7 साल की कैद

as on नवभारत टाइम्स| Dec 10, 2014, 03.24PM IST

विधि संवाददाता, लखनऊ

पति को दहेज प्रताड़ना के फर्जी मामले में फंसाना एक युवती को भारी पड़ गया। मंगलवार को अपर सत्र न्यायाधीश की कोर्ट ने पत्नी को दहेज प्रताड़ना के फर्जी मामले में फंसाकर पति को आत्महत्या के लिए विवश करने का दोषी करार दिया है। कोर्ट ने पत्नी को सात साल की कैद की सजा सुनाते हुए 10 हजार रुपये का जुर्माना भी लगाया। पत्नी को जेल भेज दिया गया।

अभियोजन पक्ष के मुताबिक राजेश केसरवानी व श्रद्धा वर्मा उर्फ सरला ने 20 मई 2011 को आर्यसमाज मंदिर में प्रेम विवाह किया था। सरला शादी के 25 दिन बाद ही मायके लौट गई और राजेश पर दहेज प्रताड़ना समेत कई केस कर दिए। फर्जी मुकदमों से परेशान होकर पति राजेश ने 24 मार्च 2012 को फांसी लगाकर आत्महत्या कर ली। मरते समय पति ने सूइसाइड नोट लिखा और उसमें पत्नी को अपनी मौत का जिम्मेदार बताया था। घटना की प्राथमिकी मृतक के भाई राकेश केसरवानी ने हुसैनगंज थाने पर लिखाई थी।

जांच के बाद पुलिस ने पत्नी को पति को आत्महत्या के लिए उकसाने का दोषी पाया और आईपीसी की धारा 306 के तहत आरोपपत्र दाखिल किया। कोर्ट में ट्रायल के दौरान अपर सत्र न्यायाधीश एएन पांडेय ने पत्नी को शादी के बाद से ही पति को प्रताड़ित करने का दोषी पाया था। मंगलवार को फैसला सुनाते हुए उन्होंने आरोपित सरला को सात साल की सजा सुनाई है।

http://navbharattimes.indiatimes.com/metro/lucknow/crime/wife-got-7-year-of-imprisonment-for-fake-dowery-case/articleshow/45440963.cms

If wedlock turns deadlock, grant divorce, HC says

If wedlock turns deadlock, grant divorce, HC says

As on Manish Raj, TNN | Jun 29, 2014, 04.49AM IST

CHENNAI: It is inhuman to compel two people to live together when their "wedlock has become a deadlock," the Madras high court has held. Allowing a divorce based on a man's complaint that he was being tortured by his wife who kept filing police complaints, the court recently said the sanctity of marriage cannot be left at the whims of one of the annoying spouses. Setting aside the order of a family court, the court granted divorce on grounds of mental cruelty and desertion by the wife. 

Arun Kumar Jain alias Bunty and Geeta got married in March 2001 and the couple had a male child. Disputes arose in the marriage after he found that his wife was elder to him. He moved the family court in 2004 seeking divorce. In his petition, he said Geeta insulted him often citing the educational qualification of his family members and threatened to book them under false charges of demanding dowry and attempt to murder. In November 2002, she lodged a police complaint saying her brother-in-law had tried to outrage her modesty and her in-laws had tried to kill her, Bunty said, seeking divorce on grounds of cruelty and desertion. 

Denying the allegations, Geeta said Bunty was jealous of her educational qualifications and he along with his family abused her in filthy language. In its verdict in December 2010, the family court denied divorce saying the charges of cruelty and desertion were not proved. The next year, Bunty moved the Madras high court. In its order, the bench of Justice S Rajeswaran and Justice S Vaidyanathan pointed to the events after the family court quashed the divorce petition. It said Bunty had subsequently sent a letter and a telegram asking Geeta to come back. Also, after Bunty's family was acquitted in the dowry harassment case, Geeta filed a case under the Domestic Violence Act following which Bunty and his family were arrested, the bench said. 

Instead of solving the disputes amicably, Geeta had continuously initiated criminal proceedings against Bunty which meant she made all attempts to ensure he could not live in peace, the bench said. The fact that she was living apart from her husband for more than nine years showed that Geeta had subjected her husband to mental cruelty and deserted him, the bench said, granting divorce.

Source - http://timesofindia.indiatimes.com/india/If-wedlock-turns-deadlock-grant-divorce-HC-says/articleshow/37425302.cms

Pune City police warned against ‘misuse’ of IPC section 498A

Pune City police warned against ‘misuse’ of IPC section 498A

Posted On Sunday, January 26, 2014 at 11:36:23 AM

Officials at city police stations have been directed to be circumspect while registering FIRs under section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC). Preliminary inquiries may be conducted in cases of matrimonial/family disputes before an FIR is registered, police officials have been told. 

“We have issued circulars to all police stations in the city. They have been told that a preliminary inquiry must be conducted in cases of matrimonial/family disputes before FIRs and arrests in cases under 498A,” said Joint Commissioner of Police (Law and Order) Sanjeev Kumar Singhal.

As per records available with the police commissioner’s office, there were 299 cases in 2013, 180 in 2012 and 231 in 2011 registered under section 498A. “A woman or her relative(s) can file a case under against her husband, his parents, siblings and other relatives. 

In the past, there has been misuse of the law when the police arrested people without verification or investigation. Alleging harassment over dowry demands by their husband’s family, women would lodge false complaints of physical and mental harassment. 

The Supreme Court has framed guidelines for preliminary inquiries before registration of FIRs in cases of matrimonial and property disputes,” said criminal lawyer Kainat Shaikh.

However, Asunta Pardhe, president of NGO Chetna Mahila Vikas Kendra, believes that victims never misuse the law. “There are several social and cultural factors responsible for this perception that women misuse this law. 

A victim approaches the police when she has undergone tremendous mistreatment at the hands of her husband and in-laws. As she may not know about the law, it is the police who invoke this section of the IPC. It is often seen that, in many cases, family members force the women to compromise and withdraw the case. 

Due to this, there is a perception that women misuse this law. Victims also compromise for the sake of their children or other family commitments. Hence, few case go to trial unless the victim is no longer alive,” Pardhe told Mirror.

The women grievances redressal cell at the Police Commissioner’s office has been counselling couples and their family members regarding family disputes and police officials said they have been sensitised about the law and its ramifications due to misuse.

Source- http://www.punemirror.in/article/2/20140126201401271136452968b9a5902/City-police-warned-against-%E2%80%98misuse%E2%80%99-of-IPC-section-498A.html

HC gives guidelines on Section 498A, the process to be followed. NO routine arrest on mere allegations

HC gives guidelines on Section 498A

TNN | Jan 22, 2014, 01.16 AM IST

HYDERABAD: Finding fault with a woman who implicated the parents of her mother-in-law and the families of her husband's sisters currently residing abroad in a dowry harassment case under section 498 A of the IPC, the high court has issued certain guidelines to the state police to enforce the anti-dowry law. One of the main directions given is not to arrest the accused involved in dowry harassment cases without securing the permission of the district SP or any other officer of the equal rank in metropolitan cities.

Justice B Chandra Kumar pronounced this judgment while allowing a criminal petition filed by Syed Kaleemuallah Hussaini and three others seeking anticipatory bail in a dowry harassment case. In his order, the judge said that no accused should be arrested when the allegation is simple dowry harassment. "If arrest is necessary, the investigating officer should obtain the permission of either the SP or any other officer of the equal rank in metropolitan cities."

The judge directed the magistrates to ensure that no accused was remanded in judicial custody in a routine manner. When an accused is produced before the magistrate, the court should examine the matter judiciously and consider whether there are valid grounds for remanding the accused to judicial custody, the judge said. If arrest is not necessary, the police may complete the investigation and file a chargesheet before the court without arresting the accused, he said.

The judge made it clear that in the case of dowry death, suspicious death, and suicide or where the allegations are serious in nature, the police officer may arrest the accused and intimate the same immediately to the SP concerned. The judge ruled that no accused or witness should be unnecessarily called to the police station, and in case their presence is required for enquiry, they should be sent back immediately after completion of the process.

"During the investigation, if the officer is satisfied that there is an undue implication of a person in the case, then he may delete the names of such persons from the chargesheet after obtaining necessary permission from the SP or any other officer of the same rank", the judge said. "As soon as a complaint is received either from the wife alleging dowry harassment or from the husband that there is possibility of his being implicated in a case of dowry harassment, then, both the parties should be asked to undergo counselling with an experienced counsellor," the judge said and directed that the report of the counsellors should be made a part of the report to be submitted by the investigating officer to the court.

The judge also ruled that the SP in consultation with the chairman of the district legal services authority should constitute a panel of counsellors and details of such a panel along with their address and phone numbers should be made available at all the police stations.

Senior police officers should ensure that there are no complaints of forcible settlements or compromises made by the police. The advocates should play the role of social reformers and try to bring about reconciliation between bickering couples while dealing with such cases, particularly, where the couples have children, he said.

The judge in his order lamented that "it is most unfortunate that Section 498-A of IPC has become a weapon in breaking the families rather than uniting them."

He also said that there cannot be any doubt to say that there is dowry menace in the society. But, at the same time, it is also a fact that certain marriages are performed without any dowry. Due to ill-advice or under a wrong impression that the husband may come to terms if a dowry case is lodged, complaints are being lodged with the police, the judge opined. While directing the registry to mark a copy of this judgment to the DGP, justice Chandra Kumar wanted the DGP to issue necessary instructions to all the men under him in the state in this regard.

SOURCE-http://timesofindia.indiatimes.com/city/hyderabad/HC-gives-guidelines-on-Section-498A/articleshow/29173500.cms

Leaving husband’s home is wife’s cruelty, says High Court

Leaving husband’s home is wife’s cruelty, says High Court

Monday, February 22, 2010 at 12:26:46 AM

The Bombay High Court (HC) in an order last week upholding a divorce granted by the family court said that leaving the house of the husband to stay with parents without informing or taking the husband into confidence is a conduct against matrimonial duties and amounts to cruelty. 

The division bench of Justice D B Bhosale and Justice R Y Ganoo was hearing an appeal filed by a wife against a family court order of 2005 granting divorce to the husband. 

The couple got married in 1996 and started staying in Chembur. In 2001, the husband moved the family court seeking divorce on grounds of cruelty.

The family court granted the divorce and the wife then appealed to HC saying that the husband could not establish cruelty and thus the judge has erred in granting divorce on grounds of cruelty. 

The HC in its order took note of instances of cruelty cited by the husband. The husband said that she would abuse him and his parents in filthy language, insult him publicly on the streets, not allow him to go to work,  left early in the morning  and would return late at night and when requested  to prepare food she would refuse to do so. 

The husband said that she was hot-tempered and was also in the habit of leaving the matrimonial home without informing him. 

She would also threaten to damage electrical appliances and household articles. The husband mentioned that on certain occasions she assaulted him and he had to take medical treatment. It was also his case that owing to her quarrelsome behaviour his reputation in the society was damaged.  

The wife on the other hand denied all his allegations, saying that it was the husband who was treating her cruelly. She told the court that despite his cruel nature, she was living with him. 

She said that the husband picked up quarrels with her and filed the petition for divorce without any basis and thus the HC should reject the divorce granted by the family court.   

The HC however, upheld the divorce and dismissed the appeal filed by the wife. The court took into consideration all the evidence put forward by both the parties to support their case. The court said that the Family Court Judge was right in observing that the wife’s behaviour amounted to cruelty.

The court in its order stated that the husband had filed complaint to the Social Service Wing of Mumbai Police narrating as to how the wife abused him.

“In the normal course, if the behaviour of the appellant (wife) was proper, there was no reason for the respondent (husband) to make any grievance to the Social Service Wing of the Mumbai Police making a request to look into the matrimonial dispute,” said the judges. 

While rejecting the wife’s claim that she had filed complaints to the police the HC said: “She has not produced any document to show complaints with the police or even medical treatment given to her. 

This will clearly go to show that the appellant (wife) came out with the false case about having filed complaints against the respondent (husband). 

The court further gave weightage to the fact that even the occupants of the building had observed that she was picking up fights with her husband without any reason. The husband supported his case with letters and complaints filed on various occasions.  

The court further referred to an intervention made by the Shakha Pramukh of Shiv Sena. The parties were called at the Shakha to resolve the matrimonial dispute. 

“Even the Shakha Pramukh had visited house of the appellant and had told her to reconcile and stay with the respondent. This would clearly go to show that even respectable persons in the locality were convinced that the behaviour of the appellant required change,” said Justice Ganoo and Justice Bhosale. 

“Surely, if the wife leaves the house of the husband and stays with her parents without informing the husband or taking the husband in confidence, such a conduct will have to be treated against the matrimonial duties and therefore the respondent was right in claiming that the appellant had treated the respondent with cruelty,” ruled the HC.

Source - http://www.punemirror.in/index.aspx?page=article&sectid=3&contentid=20100222201002220026466579221b72c&sectxslt=&pageno=2

Leaving hubby often is cruelty: Court

Leaving hubby often is cruelty: Court

Monday, Jan 20, 2014, 6:53 IST | Agency: DNA
Grants divorce to man who accused wife of frequently going to her parents' place without his permission.

Representational pic

If a woman leaves her matrimonial home regularly without her husband’s permission or on false pretexts, it amounts to desertion and cruelty to the man as he would be deprived of marital bliss, observed the family court recently while granting divorce to a couple. 

The couple married in 2007 and have a daughter, whose custody has been given to the mother. The man had approached the family court, seeking divorce in his petition. He alleged that right from the beginning, his wife never made any attempt to get herself know her in-laws. 

“Even after 15 days of marriage instead of mixing up and knowing the family members, the respondent preferred to go to her parental house without information/permission of the petitioner. Such conduct of respondent continued thereafter,” stated his petition. 

The husband further alleged, “He tried his level best to continue relations but there was no change in the behaviour of respondent.” After going through the arguments and affidavit filed by the husband, the court issued notice to the woman. Since there was no response from her side, the court passed on an ex-parte order.

The court noted that “The parties are young. They are supposed to spend maximum time with each other. Particularly, after the birth of their daughter. It can be inferred from the evidence that even though the petitioner was not at all fault, the respondent deprived him from marital bliss without any justifiable reason.”

Further it said “Even if there are disputes/ differences between the married couple those can be solved by taking initiative. Miscommunication/ misunderstanding creates distance in the relation. 

Normally the guilty spouse either takes aggressive stand and/or keep silent. The conduct of the parties can be inferred from the pleadings and evidence. It clearly shows that the respondent deserted the petitioner for a long time. The desertion amounts to cruelty.” 

The court granted divorce and directed the man to pay a monthly maintenance of Rs 1,500 to the minor child.

Source - http://www.dnaindia.com/mumbai/report-leaving-hubby-often-is-cruelty-court-1953827

How in most cases mothers on the side of the bride are most interfering causing breakage of marriages

How mothers can break marriages

Aditi Gyanesh, TNN Jan 4, 2014, 11.06AM IST

LUDHIANA: Sanya married a well to do businessman one and a half years ago. But she felt lonely in her marital home as she did not talk much to her in-laws. However, she talked to her mother every night and updated her on every detail. Her mother encouraged her to adopt the tit for tat attitude.

Sanya's husband, Sumit, who remained busy in his business or the family, followed the advise of his mother, who kept a strict tab on when and where the couple went and what they talked about.

Interference of mothers on both sides led to fights between the couple and after one and half stormy years they were in court for divorce. None of the four were willing to adjust.

Sanya and Sumit are among the many couples in Ludhiana who suffered marital discord due to the interference of mothers on both sides. A whopping 50% of divorce cases in courts have come within two or three years of marriage. The main reason being the inability of couples to adjust in each other's families. Advocate Avtar Kaur Brar, who handles such cases in Ludhiana district court said, "We get many cases of mothers intruding upon the lives of married couples. Newly weds also don't understand the need to maintain a distance and follow their mothers, landing up for divorce eventually. In most cases, it has been found that mothers on the side of the bride are most interfering. Girls share everything with their mothers and instead of putting them on the path of marital happiness, mothers ask girls to adopt a confrontationist stance. Couples today lack understanding and file for divorce."

Although marital discord may also be prompted by factors like domestic violence, extra marital affairs and busy partners, interference of mothers is a constant on both sides. Members of Punjab Istri Sabha, an organization which counsels couples coming for divorce, say they encounter cases of parents interfering in the married life of their children every other day. Eventually, things come to such a pass that the couple's life is spoiled and she files for divorce.

"It is very sad that parents don't even tell their children to understand their partner and just go along with their decision to file for divorce. They are also keen to get them married again. What is the guarantee they will not interfere in the second marriage and take it to divorce? Marriage is not a small thing to dispose of anytime. A couple must understand the importance of maintaining distance," said president of Punjab Istri Sabha, Gurcharan Kochar.

After interference of mothers, marriages also hit rock bottom due to extramarital affairs, which are increasing in the city. If advocates are to be believed, many of these liaisons are the result of social networking sites like Facebook, Whatsapp and mobile phones. These distractions don't allow partners to spend the crucial initial time with each other after marriage. In about 25% of cases, couples don't understand each other because they don't spend much time with each other. Other reasons for breaking of marriages include domestic violence, too much arguing, lack of equality, infidelity, marrying too young and unrealistic expectations.

http://articles.timesofindia.indiatimes.com/2014-01-04/ludhiana/45859866_1_divorce-cases-mothers-marital-discord

Mental Cruelty Sufficient Grounds for Divorce: HC

Mental Cruelty Sufficient Grounds for Divorce: HC

04 January 2014 By Umesh R Yadav

The High Court granted divorce to an assistant film producer, accepting his contention that he had been subjected to mental cruelty by his wife.

The word ‘cruelty’ is not defined in the Hindu Marriage Act, but cruelty includes mental cruelty, the High Court observed.

Its order said, “Mental cruelty can particularly be defined as that conduct which inflicts upon the other party such mental pain as would make it not possible for that party to live with the other.”

Kishor had approached the HC, seeking divorce from Ananya (names changed) after his petition was rejected by a family court.

Ananya made unreasonable demands for money, filed motivated complaints against Kishor and his family, threatened and attempted suicide, and refused to consummate the marriage. All these amount to mental cruelty, the HC ruled.

A Division Bench headed by Justice K L Manjunath dissolved the marriage, stating Kishore has sufficiently proved the cruelty meted out to him by his wife, once his “dream girl”.

Demand for `20L

The HC described as unjustified the wife’s demands for `20 lakh as a lump sum, `20,000 as monthly maintenance and a separate house. It also took a stern view of her actions, such as filing a dowry harassment case to coincide with Kishor’s younger brother’s engagement. Following this, members of his family were arrested and whisked away from a marriage hall. This definitely amounts to mental cruelty, the court ruled. Given the mentality of Ananya, it is unrealistic to expect Kishor to live with her, the court remarked.

“If the husband and wife are not living together, it also leads to mental cruelty on the husband,” the order said.

Failed Romance

Kishor married Ananya on March 26, 2006 by giving `1 lakh to her father as demanded by her, but she told him they could make love only after he had produced HIV test results.

An upset Kishor went to a lab soon after and tested negative. She then demanded certificates to prove he had no diabetes or high blood pressure. She reportedly asked him for an overall ‘fitness certificate’.

Kishor underwent all tests, and the results showed he was in good health. Kishor then decided life would be difficult with her since she was full of suspicion and moved out.

SOURCE - http://www.newindianexpress.com/cities/bangalore/Mental-Cruelty-Sufficient-Grounds-for-Divorce-HC/2014/01/04/article1982198.ece

Misuse of IPC 498a Legal Point Loksabha TV 21 July2013

Misuse of IPC 498a Legal Point Loksabha TV 21 July2013  

Panelist included

1. Amit Lakhani, Co-ordinator Save Family Foundation
2. Ms Anu Mehta, Sr Advocate High Court
3. Mr R.N. Vats, Advocate and President Delhi Bar Association

Anchored by - Bhavna Nayyar  


Part 1/2 - Misuse of IPC 498a Legal Point Loksabha TV 21 July2013



Part 2/2 - Misuse of IPC 498a Legal Point Loksabha TV 21 July2013

Delhi Cops rapped for hasty arrest in Dowry harassment ipc 498a case

Delhi Cops rapped for hasty arrest in Dowry harassment ipc 498a case

TNN | Jul 8, 2013, 04.22 AM IST

NEW DELHI: Delhi Police's act of immediately arresting a man after the registration of an FIR in a domestic violence case has come under a trial court's scanner as cops had failed to follow the directions laid down by the Delhi high court.

The court was referring to the Delhi Police commissioner's standing order, which said that no case under Section 498A (dowry) or 406 (criminal breach of trust) of IPC should be registered without his prior approval. The standing order was issued after the high court said the main accused should be arrested only after a thorough investigation.

While granting interim bail to the man arrested immediately after the FIR was registered against him under Section 498A, the metropolitan magistrate said, "It is clear from the assertions of the investigating officer that the judgment of HC and the subsequent standing order of commissioner of police, Delhi, have not been duly complied by the concerned official before lodging of the FIR. So, the bail application of the accused is allowed and interim bail is confirmed."

The man's counsel, Prashant Mendiratta, submitted that his client was arrested by the police even when no permission had been taken from the DCP. He also said that the police had acted illegally and the FIR was registered without following the high court's order.

When the court issued a notice to the DCP seeking a reply on the matter, it was informed that "an explanation has been sought from the investigating officer in the case and necessary disciplinary action will be taken against them after receiving their replies".

The court granted interim bail to the man after going through the submissions of the police.

The judgment of HC and the subsequent standing order of the Delhi Police commissioner have not been complied with by the police officer before lodging the FIR, said the trial court.

http://timesofindia.indiatimes.com/city/delhi/Cops-rapped-for-hasty-arrest/articleshow/20963896.cms

HC relief to husband from paying maintenance

TNN | May 18, 2013, 07.07 PM IST

MUMBAI: A man who was directed by the family court to pay maintenance to his wife even though it had dismissed his plea for divorce has got relief from Bombay high court which has stayed the order.

A division bench of Justice V M Kanade and Justice F M Reis decided an application in a pending appeal filed by Subhash Ganguly (name changed) challenging the apex court's February 21, 2013 order dismissing his divorce petition and directing him to pay his wife Babita (name changed) Rs 20,000 as monthly maintenance.

Subhash filed for divorce in 2008. Babita filed her counterclaim and urged the court to restrain him, his family and agents from dispossessing her from the matrimonial home at Bandra (west). She also sought Rs 50,000 towards litigation expenses.

Subhash's advocate Smita Gaidhani, relying on a Supreme Court judgment, argued that the petition for divorce having been dismissed, the marital status was not disrupted by the court's order and hence the FC could not have granted maintenance under section 25 of the Hindu Marriage Act.

Babita's advocate Taubon Irani said the trial judge had already granted maintenance of Rs 20,000 and hence the SC judgment cannot be made applicable.

The judges said the wife had not prayed for maintenance but only for Rs 50,000 towards litigation expenses. "As the petition for divorce is dismissed, no further order of maintenance could have been passed either in the petition filed by the husband for divorce or in the counter claim," they said, in their April 18, 2013 order uploaded last week. The judges said the SC judgment applies to the present case and the trial court erred in awarding maintenance. They agreed with Gaidhani that the wife can seek maintenance either under section 18 of Hindu Adoption and Maintenance Act or under section 125 of the Code of Criminal Procedure.

The judges allowed Subhash, during pendency of his appeal, to stay in his 2BHK 700 square feet house. Subhash left his house on July 22, 2007 due to harassment at the hands of his wife and her relatives and thereafter was not allowed to enter the hosue. Irani argued that Subhash had subjected Babita to physical and mental cruelty and if he is permitted to stay further complications would arise.

Noting that Subhash is staying in a hotel, the judges said he is entitled to stay in his own house, which he purchased before marriage. They said he has legal right to stay in his own house and laid conditions that the couple would stay in separate bedrooms, have access to common facilities including the kitchen and bathroom and shall not obstruct or interfere with each. They directed Babita to hand the duplicate keys to Subhash. They rejected her plea to stay the order.

The other side of dowry disputes - MASHAAL

The other side of dowry disputes

Fifty-three-year-old Damyanti Sharma still shudders at the thought of the night she had to spend at a police station last year. A former school teacher, she never imagined that realizing her long-cherished dream of seeing her only son married would one day turn into her family's worst nightmare. "We treated our daughter-in-law like a daughter. The first two years were smooth. However, soon the fights started and she eventually walked out in 2011. Even though we never abused her or even took dowry, we were implicated in a false dowry harassment case. Since then, our life has only been about legal hassles and visiting courts," Damyanti claimed.

Every Sunday, a group of women in situations similar to Damyanti's gather at Borivli and Mulund to discuss the atrocities committed on them under women-centric laws such as the Dowry Act (498-A) and the Domestic Violence Act. These women are not "victims" under the law but like Damyanti are those who face prosecution, after their daughters-in-law and sisters-in-law file complaints against them. This situation has led to the birth of a group called Mothers and Sisters of Husband Against Abuse of Law (MASHAAL), a part of a nationwide forum called the Indian Family Foundation (IFF).

The forum is fighting against what it calls "criminalization of marital disputes". The forum alleges that of late, it has become a fashion for a wife's family to threaten the husband's family with false dowry and maintenance cases if their demands are not met.

"The disambiguation lies in the word 'women' in such laws, which actually implies just wife. The laws seem to be immune to mothers and sisters of the husband. Their problems in such situations also need amplification," says Jinesh Zaveri, an activist and a co-founder of MASHAAL.

For a 61-year-old Dahisar-based architect, the act of helping such distressed families has helped him and his 31-year-old son deal with their own legal battle. "While helping these people, I never ever thought that we would end up in such a situation," he says. His son, who was a computer engineer in the Middle East, lost his job as a consequence of the false complaint filed by his daughter-in-law's family, he alleged. "Her family was against the idea of her marrying outside the community and hence they took her back and filed the complaint to harass us and extort money," he says.

Both father and son were granted bail soon after being detained.

A reason for the misuse of such laws, say legal experts, is the manner in which such laws are framed and the state machinery involved in executing them.

"Though women-centric laws are welcome and the need of the hour, one must bear in mind that they cannot be framed under pressure and in the absence of a rationale. The laws must be such that while women can get the maximum benefit, there is very little room for ambiguity and misuse," a lawyer said.

He adds that the police also needs to be sensitized on how to handle such cases and that these cases must be registered and arrests made only after conducting investigations. 

SOURCE - http://timesofindia.indiatimes.com/city/mumbai/The-other-side-of-dowry-disputes/articleshow/19827172.cms 

Wearing revealing dress is cruel and ground for divorce: Delhi court

Feb 11, 2011, 21:16 IST
Wearing a revealing dress during her honeymoon proved costly for a woman as a court granted divorce to her husband saying improper dressing by the woman brought mental cruelty to the man.
"Cruelty includes not only physical but mental cruelty as well. Ostensibly, she (wife) has indulged in bloating falsehood beyond proportions," additional district judge Manmohan Sharma ruled, accepting the husband's plea that he suffered mental agony due to his wife wearing 'vulgar' dresses regularly since their honeymoon.
The court allowed the husband's divorce plea saying "mere living under one roof without the necessary ingredients of love and faith, which are the hallmark of a fruitful matrimonial relationship, is nothing but animal existence."
The husband, in his petition seeking divorece on the ground of having been subjected to cruelty, had contended that his wife wore vulgar clothes during their honeymoon.
"During their honeymoon, she dressed herself in a very vulgar manner and when he asked her to change the dress she retorted that she had dressed herself that way to be noticed by at least 50 people," the husband had said in his plea.

The court gave divorce decree to the husband after hearing some audio recordings, played by the woman's father-in-law, proving that she had conspired with her parents to torture her husband and in-laws.

"She (wife) has gone to the extent of conspiring with her parents to teach the petitioner (husband) and his family a lesson," the court held in its ruling.
"The nature of cruelty suffered by the petitioner (husband) is partly physical and predominantly mental. So, it is held that he has been treated with cruelty by respondent (wife) after solemnisation of their marriage," the court said.
The couple had married in August 2007.
The court allowed the man's divorce plea rejecting the woman's contentions that her husband and in-laws had levelled frivolous and baseless allegations against her as her parnets failed to meet their demand for dowry.
"The respondent (wife) crossed another milestone by making reckless allegations of demand of dowry and illicit relationship against her husband, which she could not prove," the court said.
http://www.dnaindia.com/india/report_wearing-revealing-dress-is-cruel-and-ground-for-divorce-delhi-court_1506527

Uttar Pradesh urges Centre to make Section 498A of IPC a bailable offence

Posted on: 11 Nov 2011 on jagran

Make 498A of IPC bailable: UP to Centre

Lucknow: In a bid check the misuse of the Section 498-A of Indian Penal Code (IPC) that came into force against accused in dowry cases and to save women from domestic violence, the Uttar Pradesh government has urged the Centre to amend this Section to make it a bailable offence.

Citing misuse of 498-A (Husband or Relative of Husband of a women subjecting her to cruelty) by unscrupulous women to extort money and to harass husband’s entire family, the state government has written a letter to the Central government seeking amendment.

Under 498 A, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

The matter was brought into light by Allahabad High Court during the hearing of a petition filed by Sanjeev Kumar. The High Court directed the state government to put forth its views on the misuse of 498-A.

Acting on the directives, state administration took review of dowry deaths and domestic violence in the state. It was found that from 2007-2010, more than 5500 cases of dowry deaths and 20,000 cases of domestic violence were registered.

In majority of the cases, kin of the victim filed an FIR against the husband and his family under 498-A of IPC as of which elderly, pregnant women and even juveniles were declared guilty. It was also found that in many cases allegations imposed by the victim and her family was totally wrong as there was no proof of any kind of physical assault. However, the husband and his family had to be put behind the bars in compliance with the rule.

http://post.jagran.com/uttar-pradesh-urges-centre-to-make-section-498a-of-ipc-a-bailable-offence-1321002676

China tries to stop women marrying for money, rather than love 

21 Aug 2011 By Malcolm Moore

With divorce rates soaring, and widespread worries about a new culture of hyper-materialism, the Chinese government is now trying to stop women marrying for money.

In China's booming cities, prospective husbands are now routinely vetted about whether they own a house, and preferably also a car, before a match can be agreed. Tying the knot without a house as part of the deal is jokingly called a "naked marriage" and widely thought to be a risky choice.

"I would choose a luxury house over a boyfriend that always makes me happy without hesitation," said one 24-year-old contestant on If You Are the One, one of China's most popular television dating shows. "And my boyfriend has to have a monthly salary of 200,000 yuan (£18,900)," she demanded.

In a bid to temper the rising expectations of Chinese women, China's Supreme Court has now ruled that from now on, the person who buys the family home, or the parents who advance them the money, will get to keep it after divorce.

"Hopefully this will help educate younger people, especially younger women, to be more independent, and to think of marriage in the right way rather than worshipping money so much," said Hu Jiachu, a lawyer in Hunan province.

The ruling should also help relieve some of the burden on young Chinese men, many of whom fret about the difficulty of buying even a small apartment. China's huge property bubble has driven property prices in Shanghai up to £5,000 per square metre when annual salaries average just £6,000.

http://www.telegraph.co.uk/news/worldnews/asia/china/8714097/China-tries-to-stop-women-marrying-for-money-rather-than-love.html

Misuse of IPC 498A Dowry Harassment Laws - The Bared Naked Truth  

Wasif Ali slams Feminists' web of lies on Gender Discourse programme of LOKSABHA TV on 28 Aug 2011

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Centre homes in on Sec 498A of IPC as men plead for cover against harassment law

Ahmedabad  Aug 20, 2011  
 

Home Ministry writes to Dashrath Devda of Akhil Bhartiya Patni Atyachar Virodhi Sangh, says Law Commission is looking into it

Following hundreds of applications from men peeved over the alleged misuse of Section 498A of Indian Penal Code (IPC) meant to protect women, the judicial cell of Union home ministry has issued an advisory to state governments “to take effective measures for prevention of misuse of the legal provision” and also referred the matter to the Law Commission “to study the usage of the provision to suggest amendment, if any”.
Section 498A of the IPC provides protection to married women against harassment from their husbands and in-laws. Under the provision, police can arrest any member of a woman’s in-laws’ family against whom she makes an allegation of harassment.
The Section reads, “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
The Union home ministry has conveyed the development in a letter to Ahmedabad-based men’s rights activist Dashrath Devda, who has been fighting for an amendment in Section 498A of the IPC.
Devda heads Akhil Bhartiya Patni Atyachar Virodhi Sangh (All India Federation Against Atrocities by Wives), an organisation based in Ahmedabad.
He had unsuccessfully staged a hunger strike in Delhi against the alleged pro-women laws, including Section 498A of the IPC.
To press his demand, he had also filed a public interest litigation in the HC, which dismissed the plea and fined him while calling his petition frivolous.
Subsequently, Devda submitted a memorandum in this regard to the authorities in Delhi. As a reply, he has now received the letter from the judicial cell of the Union home ministry.
The letter reads, “An advisory has been issued to be state governments by this Ministry to take effective measures for prevention of misuse of Section 498A of the IPC. The matter has also been referred to Law Commission of India to study the usage of Section 498A of IPC and suggest amendments, if any, to the provision.”

Sources in the Union home ministry said they receive a number of applications with reference to the alleged misuse of section 498A of IPC. On the basis of 200-250 such applications, they had referred the matter to the Law Commission in 2009, they said, adding that in 2010, the ministry again referred the matter to the Law Commission for a comprehensive study of the grievances and to suggest amendment, if any. Subsequently, the Law Commission had demanded related data from the state governments. 

http://www.expressindia.com/latest-news/centre-homes-in-on-sec-498a-of-ipc-as-men-plead-for-cover-against-harassment-law/834552/ 

India's elderly suffer major verbal and physical abuse by Daughter-In-Laws silently: HelpAge report

India has over 90 million elderly persons above the age of 60 years and many of them, silently suffer abuse in the hands of either their daughters-in-law or sons, according to a survey report by HelpAge India.
The study, made public yesterday on the eve of the sixth World Elder Abuse awareness

Day, has found that about 41% felt that there has been an increase in the rate of crime against the elderly in the past three years.
"More than half of India's senior citizens surveyed feel that they are soft targets for crime," the report said.
HelpAge India is a leading humanitarian, development and campaign organisation working with and for older people in India for more than 30 years.
The World Elder Awareness Day evolved from its nascent stage in 1997 initiated by a small group in Australia, to becoming an issue that saw United Nations endorsing and making it a global concern.
At present, the UN recognises elder abuse as a public health and human rights issue.

The grim fact, according to the report, is that 98% of the elderly in India surveyed did not file any official complaint. "This showed that they are silently suffering abuse," it said.

The report found 63% of daughters-in-law as the major abusers of the elderly, followed by the sons (44 per cent).

Common indians anlysis - The 44% abuse by Sons as mentioned above is also due to the instigation and blackmailing done by their wives ( Daughter in laws for elderly) by threatening with IPC 498a – the dowry harassment case. These daughter in laws and her parents are misusing and abusing flagrantly and blatantly. All this is resultant to Feminsist lobby (backed by USAIDS and other funds) strongly arm twisting  the govt to remain submissiove to let such foreign agencies destroy the social amd family fabric of INDIA and thereby weaken 

The HelpAge report said that Delhi NCR region reported the highest (100%) number of the incidences in the hands of daughters-in-laws.

The percentage of elderly reporting ownership status of house living is among the lowest in Kolkata (15%).

It said that nearly 52% of the elderly surveyed were illiterate and 66% were financially dependent on others with half of the elderly depending on daughters-in-law for assistance in daily activities.

"A very high 85% of the elders were dependent on others for medical expenditure," it said.

The survey report further revealed that nearly 60% of the elderly consider verbal abuse as elder abuse while 48% felt physical abuse constitutes elder abuse.

Common indian’s analysis – There is 100 % Mental and psychological abuse and harassment of elderly parents of son done by their Daughter in laws

"As a result of the current aging scenario, there is a growing need for care of the older persons in terms of social, economic, health and shelter. Security of older persons in India is also emerging as an issue.

Common indian’s analysis –The major cause of such harassment is heavy misuse and abuse of Judicial and Police machinery by invoking IPC 498a misuse, Protection of women against domestic violence act 2005 ( PWDVA ) and other matrimonial laws abuse since these are severly loaded towards wife ( daughter in law ) and are biased and wife centric laws

"With more old people living longer, the households are getting smaller and congested, causing stress in families and marginalization, isolation and insecurity among older persons," it added.

http://www.hindustantimes.com/India-s-elderly-suffer-abuse-silently-HelpAge-report/Article1-709629.aspx