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You are here: Home » Archives for 498A

Wife’s mentally disturbed condition not enough to prove husband’s cruelty under IPC 498a

4 Jan 2010 by videv Leave a Comment

A recent judgment of Bombay High Court has said that wife’s mentally unstable condition who committed suicide later was not sufficient to convict husband under IPC 498a. http://www.dnaindia.com/mumbai/report_wife-s-mentally-disturbed-condition-not-enough-to-prove-husband-s-cruelty-says-high-court_1327888 Read the bold sentences especially: Mumbai: A soured marriage and the resultant disturbed mental condition of a woman who committed suicide were not sufficient reasons to infer that the husband subjected her to cruelty, the Bombay high court ruled earlier this month. Setting aside the two-year imprisonment sentence handed out to Kamalkishore Agrawal, 48, by a sessions court, the Nagpur bench of the high court held that, “though it appears that the   …[Continue Reading]

Filed Under: Uncategorised Tagged With: 498A, Murder_Homicide_Suicide

Restore Civil Rights to Domestic Violence Laws!

29 Sep 2009 by videv Leave a Comment

Have we gone too far with our “get-tough-on-crime” approach to curbing domestic violence? Have we become irrational in our approach to women’s empowerment and women’s rights? Are fundamental Constitutional rights being set aside? Are we now supporting violation of human rights of innocent men, women and children? Guilty until Proven Innocent? Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.” But… Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial. Mandatory   …[Continue Reading]

Filed Under: Uncategorised Tagged With: 498A, Justice, PWDVA(DV Act)

PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously

15 Aug 2009 by videv Leave a Comment

A person who files under DV (Domestic Violence) Act may get help from State to file for 498A and Dowry Act 1961 if these are applicable to her case. Read 5(e) of PWDVA which enables Protection Officer or Magistrate to help woman: (e) of her right to file a complaint under section 498A of the Indian Penal Code,wherever relevant: “ Read 31(3) of PWDVA which is applicable after breach of Protection Order: (3) While framing charges under sub-section (J), the Magistrate may also framecharges under section 498A of the Indian Penal Code and any other provision of that Code or   …[Continue Reading]

Filed Under: Uncategorised Tagged With: 498A, Dowry Act, PWDVA(DV Act)

Indian Police on dowry complaints: Shoot first, talk later

12 Aug 2009 by videv Leave a Comment

Today’s news story of Bangalore techie Shubhankar Katyayan is heart-rending of how cruel people will not stop at anything, and literally will kill the ‘golden husband’ they set out to exploit like the proverbial ‘golden goose’ story. Treated cruelly by wife, techie ends lifeNow read the pertinent information from the story: Shubhankar’s lawyer Anand said the divorce petition (MC1732/09) was filed on June 24, 2009. In the judicial separation petition posted for hearing on January 1, 2010, Nandini had claimed Purunjay’s custody and return of all gifts she received at her wedding. On July 14, Nandini’s mother Anmana Jha lodged   …[Continue Reading]

Filed Under: Uncategorised Tagged With: 498A, Dowry, Law Misuse, Police

NCW should oppose cruelty against all women in household

7 Aug 2009 by videv Leave a Comment

http://www.ptinews.com/news/215934_NCW-expresses-concern-over-SC-judgement-on-cruelty The National Commission for Women (NCW) has expressed serious concern over the recent Supreme Court judgement that said that kicking or threatening wives with divorce by the in-laws cannot be construed as cruelty. SC judgment only says it cannot be construed as cruelty under IPC 498A. The word Cruelty is used in several places in both criminal and civil acts, e.g. in Hindu Marriage Act 1955 married person (more likely woman) can get divorce based on Cruelty by other spouse. NCW Chairperson Girija Vyas has taken up the issue with Minister for Law and Justice Verappa Moily to file   …[Continue Reading]

Filed Under: Uncategorised Tagged With: 498A, DV Act Judgments, Law Misuse

Articles on women, failure of dowry laws, misuse etc

1 Aug 2009 by videv 2 Comments

Here are links to some well written articles by Madhu Kishwar who is a woman but does not call herself a feminist, so we could trust her couldn’t we? Destined to Fail: Inherent flaws in anti-dowry legislation Destined to Fail: Inherent flaws in anti-dowry legislation – PDF format Another article with similar theme but much more detailed:Violence against Women: Good practices in combating and eliminating violence against women

Filed Under: Uncategorised Tagged With: 498A, Dowry, Law Misuse

Results of SIF survey in Bangalore shown on TV

27 Jul 2009 by videv Leave a Comment

Video 1 summary:Survey of 1100 husbands from Jan 2008 to Apr 2009 in Bangalore, India. 42.3% false Dowry 498A cases against IT people in Bangalore. Case of Bala Murugan, SIF PRO Virag on need for gender neutral laws. http://www.youtube.com/watch?v=RRxeEtE9rVk Video 2 summary:Shocking Statistics – 25 divorces being filed every day in Bangalore – mostly by women. Financial independence said to be main reason. SIF PRO Virag explains methodology of survey. SC lawyer Varun Goswami gives views on misuse of 498A. He says 90% of 498A settled before finalization of trial. Extortionary claims made to settle cases. http://www.youtube.com/watch?v=1l5qGnXN0VU Video 3 summary:SIF   …[Continue Reading]

Filed Under: Uncategorised Tagged With: 498A, Dowry, PWDVA(DV Act), SIF, Statistics

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Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India

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