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

फरीदाबादः पत्नी और ससुरालवालों की प्रताड़ना के बाद पति ने की खुदकुशी

फरीदाबादः पत्नी और ससुरालवालों की प्रताड़ना के बाद पति ने की खुदकुशी

भाषा [Edited By: नमिता शुक्ला] | फरीदाबाद, 27 जनवरी 2014 | अपडेटेड: 06:21 IST

पति के प्रताड़ित किए जाने के बाद आजिज आकर आत्महत्या करने वाली महिलाओं की खबरें तो आती रहती हैं लेकिन क्या कोई पति अपनी बीवी और उसके घरवालों से इतना परेशान हो सकता है कि मौत को ही गले लगा ले! सुनने में अजीब लग रहा होगा लेकिन फरीदाबाद में एक ऐसा ही मामला सामने आया है.

पत्नी और ससुराल वालों की प्रताडऩाओं से तंग आकर एक व्यक्ति ने जहरीला पदार्थ खाकर अपनी जीवनलीला समाप्त कर ली. पुलिस के अनुसार नई दिल्ली निवासी सिबी वर्गिस ने पुलिस में शिकायत दर्ज कराई कि उसके भांजे 31 वर्षीय जोबिन पॉल की शादी (4 अक्टूबर, 2011) के बाद से ही उसकी पत्नी ममता सेठी, उसकी मां सत्या सेठी, सुनीता सेठी उसे प्रताड़ित करते थे.

इतना ही नहीं जोबिन पर मकान बेचने का दबाव भी डालते रहते थे, जिसके कारण जोबिन पॉल अपने माता-पिता को फरीदाबाद में छोड़कर केरल चला गया था. उन्होंने बताया कि जोबिन सिटी बैंक दिल्ली में नौकरी करता था. बीते 22 नवंबर, 2013 को उसकी पत्नी ममता अपने मायने चली गई थी.

जोबिन के काफी प्रयासों के बावजूद ममता वापस नहीं आ रही थी, जिसके चलते वह काफी परेशान था. उन्होंने बताया कि जोबिन पॉल पर उसके ससुराल वाले और ममता मकान बेचने का दबाव बना रहे थे, जिसके चलते उसने जहरीला पदार्थ खाकर आत्महत्या कर ली है.

http://aajtak.intoday.in/story/delhi-husband-commits-suicide-in-faridabad-1-753272.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

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.

SC allows couples to settle marital cruelty cases

SC allows couples to settle marital cruelty cases

ByDhananjay Mahapatra, TNN | Feb 23, 2013, 02.42 AM IST

In a first, the Supreme Court on Friday permitted settling of cases under Section 498A of IPC lodged by a woman against her husband and in-laws for alleged cruelty in her matrimonial home.

NEW DELHI: In a first, the Supreme Court on Friday permitted settling of cases under Section 498A of IPC lodged by a woman against her husband and in-laws for alleged cruelty in her matrimonial home.

Though it was enacted to protect women from harassment and cruelty, there has been judicial recognition of the fact that on several occasions, false complaints under Section 498A were filed to teach the husband and his relatives a lesson as these cases were non-compoundable and bail was difficult to get.

"We feel that though offence punishable under Section 498A of the IPC is not compoundable, in appropriate cases, if the parties are willing and if it appears to the criminal court that there exists elements of settlement, it should direct the parties to explore the possibility of settlement through mediation," a bench of Justices Aftab Alam and Ranjana P Desai said.

"If there is settlement, the parties will be saved from the trials and tribulations of a criminal case and that will reduce the burden on the courts which will be in the larger public interest," said Justice Desai, who authored the judgment on behalf of the bench.

"During mediation, the parties can either decide to part company on mutually agreed terms or they may decide to patch up and stay together. In either case, for the settlement to come through, the complaint will have to be quashed. In that event, they can approach the high court and get the complaint quashed. If, however, they choose not to settle, they can proceed with the complaint. In this exercise, there is no loss to anyone," the bench said.

The judgment came in a case where a couple separated just two days after marriage as a row between the parents of the bride and groom resulted in a massive ego battle leading to a legal fight that lasted for 10 years.

During the time they were separated, the wife made several false complaints against her husband and his father, including a derogatory complaint that she was asked by her mother-in-law to sleep with her father-in-law. When the court found it to be false, she said it was an attempt to pressurize her husband to take her back.

The bench said, "This statement cannot be explained away by stating that it was made because the wife was anxious to go back to the husband. This is not the way to win the husband back. It is well settled that such statements cause mental cruelty. By sending this complaint, the wife has caused mental cruelty to the husband."

It said the high court erred by ruling that mental cruelty could be caused only if the husband and wife stayed under one roof. "Staying together under the same roof is not a pre-condition for mental cruelty. Spouse can cause mental cruelty by his or her conduct even while he or she is not staying under the same roof," Justice Desai said.

"In a given case, while staying away, a spouse can cause mental cruelty to the other spouse by sending defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings making the other spouse's life miserable. This is what has happened in this case," she added.

The bench said years of false and frivolous complaints had irretrievably broken down the marriage between the parties. It asked the husband to pay Rs 15 lakh as alimony for grant of divorce.

"Irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955. But where marriage is beyond repair on account of bitterness created by the acts of the husband or the wife or both, the courts have always taken irretrievable breakdown of marriage as a very weighty circumstance amongst others necessitating severance of marital tie," the court said.

"A marriage which is dead for all purposes cannot be revived by the court's verdict, if the parties are not willing. This is because marriage involves human sentiments and emotions and if they are dried up, there is hardly any chance of their springing back to life on account of artificial reunion created by the court's decree," it added.

dhananjay.mahapatra@timesgroup.com
 
http://timesofindia.indiatimes.com/india/SC-allows-couples-to-settle-marital-cruelty-cases/articleshow/18637125.cms?


full text @

http://legalmanthan498adowrymisuse.blogspot.in/2013/02/sc-allows-couples-to-settle-marital.html

http://legalmanthandivorce.blogspot.in/2013/02/sc-allows-couples-to-settle-marital.html

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

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

Divorce at 70? Plan some spiritual growth, says Supreme Court

Divorce at 70? Plan some spiritual growth, says Supreme Court

Saturday, Aug 28, 2010

At the age of 70, it’s time to go on a pilgrimage to Hardwar and be divorced from the material world, instead of being engaged in a prolonged legal battle for divorce.

These are the words of the Supreme Court for an aged Juhu couple, seeking separation under the Hindu Marriage Act.

Making a bid to make them conscious that the age is catching up, apex court judges on Thursday counseled petitioner Veena, 70, and her husband, Govardhan Kapoor, 75, to share the roof. However, the court suggested that if the two wish, they may keep themselves separated by a wooden partition.

Veena doesn’t want to share the apartment with Govardhan and contested a Bombay high court judgment last year that made her share the accommodation as per a mutual agreement between them in the divorce case.

The couple married in Delhi on April 26, 1969. They have two sons — Navin, 36, who lives in America, and Sachin, 33, lives with his father.

In 1981, the couple started litigation after Govardhan suffered heavy losses in his business. Charges and counter charges ensued and Govardhan alleged that his wife had an extra-marital affair.

Govardhan’s case got stronger after Sachin testified in favour of the allegation.

While Govardhan moved a law suit seeking an injunction against Veena from dispossessing him from the flat, she sought a direction asking him not to enter the house.

Govardhan agreed to the term that Veena is the owner of the flat but he would live there with certain conditions that included installing separate electric meters and demarcating territory with a wooden partition.

But Veena’s lawyer DK Garg on Thursday told a bench headed by justice GS Singhvi that she couldn’t be expected to live under the same roof particularly when she had been accused of being in an adulterous relationship. She lamented that even her son had also sided with his father.

Disposing of her petition, the court said: “You can’t throw out the aged husband, but you can get the son out.”

Men's forum demands national commission for them

Men's forum demands national commission for them

R. Ilangovan

‘Many women are abusing laws for nefarious gains'

 

Protect us:A poster on Section 498A of IPC that was displayed at the national

conference of All India Men's Welfare Association at Yercaud.

SALEM: A national-level coordination forum of men has called for protection from wives and live-in partners whom they charged with exploiting women's welfare legislation that arm them with ‘unbridled' power to act against men.

The men, who claim to be ‘victims' of such legislation from all over the country, spent three days in a resort at the hill station of Yercaud near here to deliberate on how to protect themselves and their kith and kin from harassment and to kick-start a campaign to impress upon policy-makers to think about their plight before enacting such lop-sided laws.

The forum said that many women were abusing these laws for nefarious gains by filing charges against their husbands and partners.

The provisions in these statutes, they called, were ‘anti-men' leading to suicide of nearly 60,000 men as against 32,000 women annually.

Between 2004 and 2008, seven lakh men and family members were arrested including 500 minors and 5000 aged people, they claimed.

They pointed out that, for instance, laws such as the Dowry Prohibition Act, Protection of Women from Domestic Violence Act, Sec 125 of Cr. PC and above all Section 498A of Indian Penal Code were too stringent and non-bailable.

Women's lobbies

“Though a debate is going on in legal circles on whether to amend or not especially Sec 498A to prevent its abuse, a few powerful women's lobbies are blocking it,” said Suresh Ram, National Collegium member, All India Men's Welfare Association, which organised the 3 {+r} {+d} Men's Rights Conference of the Delhi-based Save Indian Family Foundation at Yercaud in Salem district.

Delegates from Maharashtra, Assam, West Bengal, Uttar Pradesh, Karnataka, Andhra Pradesh, Chattisgarh, Madhya Pradesh and from the U.S. attended the deliberations.

A majority of them were from Karnataka, mainly young Information Technology professionals. They said that they would urge the government to replace the words ‘Husband and Wife' with ‘Person' in the said acts. They said that cases before Family Courts should be expedited and settled within two years.

The government would be approached to form National Commission for Men, they add.

http://www.hindu.com/2010/08/17/stories/2010081754400500.htm

HC accepts that Dowry Act is being misused

HC accepts that Dowry Act is being misused

22 Aug 2010

BANGALORE: The High Court has strongly condemned the investigating officers for blindly registering cases of dowry harassment, without looking into the provisions under section 498A of Indian Penal Code (IPC).

While quashing the criminal proceedings initiated against the petitioners under 498A of IPC at the court of the chief metropolitan magistrate, Bangalore, Justice Subhash B Adi observed that the police had not taken into consideration section 498A of IPC to know whether the allegation amounted to cruelty, the court observed.

To prevent unscrupulous persons from misusing the law, a scrutiny of the complaint at the inception stage is advisable, the court told the investigating officers.

"Before proceeding with the criminal complaint, the investigating officer or the court must look into the allegation to find out whether it makes out a prima facie case to proceed.

"In most of the cases, the police use 498A of IPC more for harassment rather than it's real purpose. The police must use its authority to subserve the purpose for which the provision is made instead of misusing it," the HC told the investigating officers.

It is a common feeling that irrespective of the involvement or nexus to the alleged offence, even friends and distant relatives are implicated. This happens, because of non-application of mind by the police to the contents of the complaint and the offence alleged, which results in harassment of a person who is unconnected with the alleged offence.

Scrutiny of the complaint is necessary at least to know what offence is alleged. Particularly in the case of offence under section 498A of IPC and offence connected with matrimonial disputes, due care is necessary. In some cases, without even allegation, entire family, relatives and friends are made parties, the court observed.

PO Raju, Susamma, Joman Raju and Jolly Raju, all residents of Pathanamthitta in Kerala, filed a criminal petition challenging criminal proceedings initiated against them by Yelahanka New Town police station in a dowry harassment case filed by Raju's wife Jayashree.

Jayashree had alleged that her in-laws, residing in Kerala, threatened her not to come to Kerala after her husband had left the house in Bangalore.

She alleged that her in-laws instigated her husband to leave her company. Jayashree filed a complaint in jurisdictional police station against her in-laws. However, the petitioner's counsel stated that the allegations in the complaint did not constitute cruelty within the meaning of section 498A of IPC. The court upheld the contention and quashed the proceedings.

http://expressbuzz.com/cities/bangalore/hc-accepts-that-dowry-act-is-being-misused/200181.html

Govt asks police to stop misuse of dowry law – Misuse of 498a and dowry prohibition act

Govt asks police to stop misuse of dowry law - Misuse of 498a and dowry prohibition act

Sunday, Aug 22, 2010, 0:56 IST

In a move that may provide some respite to harassed husbands (and their families) facing false dowry harassment charges, the central government has asked the states to prevent misuse of the Dowry Prohibition Act and section 498A (cruelty for dowry) of the Indian Penal Code (IPC).

In a note addressed to the state chief secretaries, the government has asked the police and courts to handle matrimonial disputes and complaints of harassment for dowry with utter care and caution. In cases of matrimonial disputes, the first recourse should be to mediate between the warring spouses and their families. They can file charges under Section 498A of the IPC only where conciliation efforts have failed, and when there is a prima facie case under Section 498A and other laws.

The note also quoted a 2005 Delhi high court judgement by justice JD Kapoor (now retired) saying that these provisions have lead to a large number of divorce cases, as when one spouse is arrested and sent to jail without any immediate reprieve of bail, the chances of salvaging the relationship dwindles, and the marriage, for all practical purposes becomes dead.

“All state governments/UT administrations are requested to take effective steps…to put to rest the allegations of misuse of section 498A of IPC,” the letter issued by ministry of home affairs in consultation with women and child development ministry (WCD) said.

Minister of state for WCD, Krishna Tirath, said that such remedial measures were based on complaints received by the ministry on alleged misuse of the law.

http://www.dnaindia.com/india/report_govt-asks-police-to-stop-misuse-of-dowry-law_1426912

Misuse of 498a and need for Amendment – panel discussion of SC judgment on misuse of 498a and dowry laws by women-IBN7 on MUDDA 21 AUGUST 2010

Misuse of 498a and need for Amendment – panel discussion of SC judgment on misuse of 498a and dowry laws by women-IBN7 on MUDDA 21 AUGUST 2010

 

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FULL TEXT OF JUDGMENT @

http://legalmanthan498adowrymisuse.blogspot.com/2010/08/sc-quash-misuse-of-498a-ipc-govt-to.html

मेरी पत्नी किन्नर है..

मेरी पत्नी किन्नर है..

 

मुरादनगर। मुरादनगर के एक युवक ने अपनी पत्नी को किन्नर कह कर उससे तलाक लेने का फैसला लिया है। युवक का कहना है कि उसके ससुराल वालों ने उससे 50 हजार के गहने लेकर अपनी किन्नर बेटी से उसका विवाह करा दिया।

युवक मुरादनगर स्थित एक इंजीनियरिंग कॉलेज में काम करता है। उसने कोर्ट में याचिका दायर की है कि राजनगर के एक कॉलेज में काम करने वाला शख्स अपनी बेटी का रिश्ता लेकर उसके पास आया और उसने यह बात युवक से छुपाई की उसकी बेटी किन्नर है।

शादी पक्की होने के बाद युवक ने पत्नी के पिता को 50 हजार रुपए के गहने भी दिए थे। इसके बाद 15 फरवरी को 2010 को युवक की उस लड़की से शादी करा दी गई। शादी के बाद युवक को जब इस बात का पता चला की उसकी पत्नी किन्नर है। यह जानने के बाद युवक ने कोर्ट का दरवाजा खटखटाया। दर्ज याचिका में युवक ने आरोप लगया है कि पत्नी के बाप ने उसके दिए गए 50 हजार के जेवर देने से इंकार कर दिया है।

Clear case of misuse of 498a- Lok Adalat reunites couple – husband and family was jailed for dowry harassment complaint which turned out to be TRIVIAL misunderstanding created by parents.

Clear case of misuse of 498a- Lok Adalat reunites couple – husband and family was jailed for dowry harassment complaint which turned out to be TRIVIAL misunderstanding created by parents.

BANGALORE: The Lok Adalat conducted by Bangalore Urban District Legal Service Authority turned into a marriage hall on Wednesday, as a couple who were separated over a domestic violence were reunited.

The Lok Adalat headed by City Metropolitan Magistrate (CMM) Ravindranath, convinced the couple Vadiraj (29) and Thripthi (28) to live together with their one-and-half-year-old son Ramaskanda.

The court hall turned into a mini marriage ceremony, after the couple decided to reunite and pleased judges also arranged a small programme to celebrate their ‘remarriage’. The couple’s advocate KC Gnanamurthy  said, “We advocates must do this kind of service and not separate families, just to get cases.”

The mood at the Lok Adalat suddenly changed with the news and staff distributed sweets, while the couple exchanged garlands and took blessings of the CMM.

Vadiraj, who works as Assistant General Manager, in a private company married Thripthi on July 11, 2008. Soon after their marriage, Thripthi alleged harassment by her in laws and decided to go back to her parent’s house. Gnanamurthy said Thripthi was pregnant during the incident and stated that the misunderstanding between the couple was due to a trivial reason, created by their parents.

Gnanamurthy said, Thripthi filed a dowry harassment case with the Yelahanka New Town Police station on October 22, 2009 based on which Vadiraj and four of his relatives spent 14 days in jail. But the couple have finally decided to reconsider and Thripthi withdrew all the cases she had filed against Vadiraj and his family

http://expressbuzz.com/cities/bangalore/lok-adalat-reunites-couple/199601.html

Man accused of demanding dowry commits suicide – wife and her relatives booked for abetment to suicide

Man accused of demanding dowry commits suicide

VADODARA: A 33-year-old man committed suicide on Tuesday night after his wife registered a police complaint against him for demanding dowry. Dinesh Helaiya, who worked with a private company in Ahmedabad, consumed poison in a hotel room. Dinesh was taken to Bhailal Amin General Hospital where he died during treatment.

Cops have also registered a complaint against Manisha and her relatives for abetment to suicide. According to police, Dinesh and Manisha got married about seven years back and their marriage was in trouble. "They were at loggerheads for many years and used to fight a lot.

Manisha had filed a police complaint against him on Tuesday night, accusing him of demanding dowry. She alleged that her family had already paid lakhs of rupees in dowry and now he was demanding a car," police officials said.

"Manisha lodged a complaint on Tuesday night and he consumed suicide immediately after that. They have a two-year-old daughter," assistant sub-inspector Prabhudas Purshottam said. Police said the deceased had come down to meet Manisha and also take away his daughter who was staying with her. However, a fight ensued between them following which she approached the cops.

"Five people, including Manisha and her relatives, have been named in the complaint. But no one has been arrested as of yet," police officials said.

http://timesofindia.indiatimes.com/city/vadodara/Man-accused-of-demanding-dowry-commits-suicide-/articleshow/6340997.cms#ixzz0x5FS2WVP

Woman PSI on probation solves dowry case within a fortnight

Woman PSI on probation solves dowry case within a fortnight

Rabale: A 25-year-old woman police sub-inspector (WPSI) Vanita Kadam who is on a probationary period with the Rabale police station is in the  news as her  superiors and colleagues are all praise about her meticulously solving a dowry case entrusted to her in two weeks. 

She succeeded in arresting six accused, in-laws of a housewife, from their residence in Pune and has even recovered soe of the gold ornaments and furniture given to the housewife by her parents as her marriage gifts.
The victim has been identified as Sunita Dalvi (25), who is currently staying  at her father's residence in sector-3, Airoli after she left her in-laws' house in Pune, unable to bear their alleged torture.

tough cop:  PSI Vanita Kadam recovered a large part of the wedding gifts

The arrested accused are her husband Devidas Dalvi (26), her father-in-law Abhimanyu Dalvi (54), mother-in-law Anjanabai Dalvi (50), sisters-in-law Sarika Dalvi (24) and Manjari Phadke (28) and brother-in-law Nitin Dalvi.
SPI Nasir Pathan of Rabale police station informed,"Sunita Dalvi lodged a complaint with the Rabale police on July 2 alleging that her husband and in-laws tortured her physically and mentally after she turned down their persistent demand for dowry of Rs 3 lakh. Accordingly, a case was registered against the accused under sections 498A-4, 406, 323, 504, 506 and 34 of the IPC. PSI Vanita Kadam was appointed as the investigating officer and she solved the case and even recovered the valuables grabbed by the complainant's in-laws."
SPI Pathan added that despite telling her in-laws repeatedly that her father could not afford to pay the huge amount, they persistently demanded dowry from the victim. "They used to beat her, pull her hair and abuse her, as she has alleged in her complaint which also states that she wanted in return, the marriage gifts given to her by her parents, which she claimed was taken awayby her in-laws.
At the time of her marriage with Devidas Dalvi, her parents had given her gifts comprising  5 gms gold ring, 3 tolas gold chain, 10 gms bracelet and 3 tolas necklace apart from a TV set, fridge and washing machine worth Rs 90,000.”
WPSI Kadam has recovered from the accused a bracelet worth Rs 12,000, a gold ring worth Rs 4,000  and the TV, fridge and washing machine, informed SPI Pathan.
timesnm@indiatimes.com

http://www.mumbaimirror.com/index.aspx?Page=article&sectname=CITY%20-%20Briefs&sectid=35&contentid=201007172010071916334717337260b84

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some comments

Police is another name of thief. The senior police officers train new recruits how to steal cash and valuables from people and share same with seniors. Indian police is a shameless organisation. The government pays the policemen to extort innocent citizens.

PSI Vanita will be a big nuisance to public in days ahead. She already has shown her colours. There should be an investigation on how much she got out of valuables snatched from innocent husband’s family.

Indian police is worse than terror groups and naxalites.

 

PSI Vanita Kadam–a question to you. Did you find out that the ornaments jewellery etc that the girl says are her were they actually her and were they actually given to her by her parents. It could be that these articles were purchased by her in laws and husband.can’t it be so?

Did the PSI investigate it or NOT…

UNHEARD but TRUE FACE OF DOMESTIC VIOLENCE IN INDIA – MARD KAHAN BELL BAJAIN

 

A short film by Rishiraj Mistry challenging the social stereotypes around genders.See how the social attitude based on Assumptions is harming the Men of the society...  This movie won the 1st Runner Up at “Hot Shorts 3″ competition.

See it to hear it.

UNHEARD but TRUE FACE OF DOMESTIC VIOLENCE IN INDIA – MARD KAHAN BELL BAJAIN

 

 

IPC 498a misuse -Ensure Due Process

IPC 498a misuse -Ensure Due Process

It is welcome that the Supreme Court has asked the Law Commission and the law ministry to review anti-dowry laws. The apex court has rightly taken cognisance of the rising number of frivolous cases throughout the country under Section 498A of the Indian Penal Code. The section defines the offence of matrimonial cruelty and was inserted in 1983 to act as a deterrent to dowry violence and dowry deaths. Undoubtedly, these are heinous offences. But the degree to which Section 498A has helped correct them is uncertain.

At the same time, it has had perverse effects. Successive court rulings have reiterated the notion that it's a law open to abuse. And among the worst sufferers from such misuse have been women.

The most controversial feature of the dowry laws is that they contravene the principle of due process of law. In normal criminal cases, an accused is considered to be innocent unless proven guilty. Section 498A being a cognisable offence allows police to arrest a person and his whole family without a warrant. Moreover, these come under the category of non-bailable and non-compoundable offences.

Clearly, there exists considerable scope for the law's misuse for ulterior motives. Ironically, there is no provision to deal with false complaints except the law against perjury, which is hardly taken seriously in Indian courts. Therefore, it is important to introduce better safeguards in the anti-dowry laws in the light of changed social realities. The solution to domestic violence may not be draconian laws, but greater awareness and improved functioning of law enforcement authorities.

http://timesofindia.indiatimes.com/home/opinion/edit-page/Ensure-Due-Process/articleshow/6326010.cms#ixzz0wtV2XI6b

Review of 498A cases could help

Review of 498A cases could help

The Supreme Court’s observation that the Centre should reassess the stringent provisions of section 498A of the Indian Penal Code (IPC) can be welcomed only ambivalently. While many of the cases filed under it involve misuse of the provisions, it is also necessary to recall why the special section was introduced in the first place: the innumerable cases of dowry harassment and deaths of young women across the social strata. When dowry-related oppression assumed epidemic proportions, many women sought — and got — draconian penal provisions. Unfortunately, there is as yet no study to show that 498A has helped curb this menace or reduced dowry deaths significantly. However, the courts are awash with cases where 498A has been misused by women for ulterior motives. Many women police officers who investigate and prepare dowry harassment cases have confessed to instances of misuse. But the issue is how much misuse has there been? Anecdotal evidence is not enough.

The court’s dilemma is understandable but not unique. It has to unravel the false cases so that innocent persons are not punished. But instances of abuse are not confined to section 498A. In fact, abuse is part and parcel of any special purpose law — whether it is anti-dowry or anti-terrorism or anti-untouchability. To deal with a big problem, the law is often tailored to make it easy for the law-enforcement agencies to nab the guilty, but, in the process, some innocents do suffer. It can be argued that section 498A skips some of the procedural safeguards in its anxiety to avert delays and loopholes in providing succour to victims of dowry harassment. The fact that some provisions are being misused means we need more robust mechanisms to verify the authenticity of complaints, and swift redressal when things go wrong.

There are two sides to the coin. If crimes against women are seen to be a bigger problem than victimisation of unwary men and their families, the law will tilt towards the former. This is the justification for laws like UAPA and the Armed Forces Special Powers Act, which are draconian in nature. The remedy lies in proving that these laws harm more than they protect.

http://www.dnaindia.com/opinion/editorial_review-of-498a-cases-could-help_1424938

'Get professional help to manage marital stress'

'Get professional help to manage marital stress'

Tuesday, Aug 17, 2010, 8:51 IST
By Soumita Majumdar

Is it quite natural to have violent thoughts against one’s spouse? Dr MJ Thomas, consultant psychiatrist and coordinator, department of psychiatry, Sagar Hospitals spoke to DNA about the rising instances of domestic violence and even murder of spouses, after the recent killing of a schoolteacher by her husband in the city.

Is it natural to have violent thoughts against one’s spouse? And are there ways in which these can be curtailed?
Yes, some people do get violent thoughts about their spouses, just as they get similar thoughts about anyone else. This kind of violence is contemplated when there are marital differences, and both partners think they are in the right. Violence could also be contemplated when one partner feels insecure or suspicious and questions the partner’s fidelity. In either case, if this feeling is prolonged and consistent, the couple should seek professional help.

Are there signs to look out for, so that people in marriages could seek help at the appropriate time?
If either of the partners becomes consistently depressed or aggressive and feels that he or she cannot tolerate the partner anymore, then it is about time that the couple seeks professional help. Also, sometimes, if an outsider tells them that they need help, it means that their quarrel has become too obvious. In such cases the couple should seek help from marriage counsellors. If there are problems like dowry harassment or something like that that is rather grave, the couple should seek the help of the extended family. If there is baseless suspicion or extreme stubbornness, which harms the relationship, there is need to meet a psychiatrist.

Police commissioner Shankar Bidari has urged people to walk out of bad marriages rather than commit murder. Do you think divorce is now an acceptable solution for a bad marriage? About 60% of ‘bad’ marriages can be saved if professional help is taken on time. Those who cannot live together despite counselling sessions should live in separation or get divorced as an alternative. Divorce or separation as a concept is much more acceptable in today’s society.

How could the family help, in such situations? Do you think it might be better for them to remain uninvolved?
An extended family should always be supportive. However, most marriages break down as the conflict between the couple develops into a family quarrel. Family members should be careful and not take sides. The problem might only get worse.
The extended family, could, however, guide the couple to professional help so that the problem is treated at the right time, before it aggravates. Often, that is the best possible support that other family members can offer to a couple going through tension and strife in marriage.

http://www.dnaindia.com/lifestyle/report_get-professional-help-to-manage-marital-stress_1424473