Men Rights India

Fight against Legal Terrorism

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » 498a Tips » Innocent until proven guilty is the law, use it

Innocent until proven guilty is the law, use it

26 Oct 2014 By videv 10 Comments

There is a saying that Ignorance of the law is not an excuse.  For example, you can’t just forget to file your income tax return and then claim that you were unaware that it applies to you.  It is applicable in criminal law too.

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

A bigger principle possibly could be: knowledge of the law can be a very beneficial thing!

Going back to income tax example, only those who know the latest intricacies of income tax law will be able to utilize it’s full potential to minimize tax outgo by using exemptions on investments, rebates etc etc.  And corporates have to know the law fully well to be able to operate.

A basic principle of criminal law is that any anyone accused of crime is innocent until he is proven guilty.

Indian public seems to be aware of it when it comes to voting for politicians accused of multiple crimes including many a time of murder and rape.

But many of accused men (and families) under IPC 498a/406/376/DV Act seem to think that the principle of innocent until proven guilty doesn’t apply to them!  What else is the reason that they try so hard to prove innocence to police, CAW, or even own advocates when facing false allegations by the wife and gang?  Why can’t we just keep quiet and let the law take it’s own course?

What would be the reason that people think that the politicians must be innocent, but the criminal complaint filed by ‘bahu’ or daughter-in-law/wife must be right?

There could be multiple possible explanations:

1. We have double standards for ‘normal’ public like us, versus our ‘mai-baap’ or godfathers who are the the people in power whether politicians or celebrities.  They take care of us, so that’s more than enough and we need not look at their moral behaviour etc.

2. We actually have no trust in the animals called law and justice.  Whoever is strong can make use of the law, and politicians are strong and so they are above it, and we are weak so we have to suffer the false allegations.  It is actually in same theme of ‘mai-baap’ mind-set.  Frequently, the callers say that their wife/in-laws are powerful or connected, when in fact according to my assessment, they are basically small time people and pimps.  But the point remains that people are afraid not of the law, but of the powerful/connected people.  The powerful/connected people can even file false cases, and the weak can’t defend against them.  So in reality, they are saying that we are all living in a jungle raj.  Law/justice must be just nice concepts not applicable in India.

3. If the income tax department (why can’t I think of any new analogy!) puts an unfair demand of tax which is not applicable as per law, we will fight that with full vigour and conviction, but if the wife/in-laws file cases against us, we are half-dead even before the case begins!  Fighting the income tax department: “very good”, fighting wife’s allegations: “what a loser!”

I think the truth is a combination of all of the above.  After seeing many cases over the years, I have come to the conclusion that the general mind-set of public is that they may act to be god-fearing (so they can get their Moksha/Swarg), but when it comes to the law they probably think of it as an ass to be whipped and used by the powerful.

READ:  How to assess your false case and marriage breakup probability

That could explain why we support politicians who are accused of crimes.  They are powerful, they can harm us (or benefit their favourites), so we should not go against them!

Great way to build a country of 125 crore people.  Surely one day we will become a superpower!

Coming to the part about shame.  Why people feel so ashamed that they don’t even want to fight the allegations but want to ‘settle’.  Part of the reason could be practicality: it is difficult to patiently fight for a few years while the case drags on in Indian courts like every other case.  That’s not a complete explanation though and I will take it in a separate post since it merits a post of its own.

The bottom-line is that if you walk down the road, no one can say by looking at your face whether you are accused under 498a/406, or whatever IPC section.  It’s all in your own head.  Being accused is not the same as being guilty, this is something to learn from the politicians.  Especially if you voted for one who had been accused too.

Questions about this Article?

Ask in Telegram Group Men Rights India Q&A  (Also include link to this Article when you post question)

👉Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Related Posts

  1. Married sister gets relief under domestic violence act
  2. Proposal to amend Domestic Violence (DV) Act to protect mothers in law

Filed Under: 498a Tips Tagged With: Law Misuse, PWDVA(DV Act)

Comments

  1. Amit says

    December 9, 2019 at 9:04 pm

     Hi, I have been married on 17Jan 2019 and the girls lives only 3 days and go back to her naihar.I tried my level best to bring her but failed as his father and mother are threatening us for the case.then in the month of june we filed informatory petition to district judge and in the month of August we filed RCR in the court and after receiving the notice she files private complaint case of false 498 a and other charges against me and my family in the court

    Reply
    • videv says

      December 10, 2019 at 10:04 pm

      Not asking question is a neat trick where the person can later claim that the given answer was not in line with what his intended question was – except there was no question asked at all! Doing opinion polls will only get you moving in circles.

      You can withdraw RCR and file divorce based on new set of circumstances (her false 498A). Recent SC judgment has allowed acquittal under 498A as a ground for divorce. The 498A and divorce cases can proceed in parallel.

      But most settlement oriented lawyers won’t be able to fight such a case. They can only advise to stick with RCR, or persuade husband to do financial settlement to wife. Also, most husbands (and their families) who file divorce can’t stick with that plan, and go down the settlement route after a while. That’s why we don’t guide on divorce.

      Reply
  2. Amol Jadhav says

    March 9, 2019 at 8:22 pm

    Hello Sir, I have been trying to join the FB group since Jan 2019 but no response from your side. My wife have filed 498a, 125 and DV last year in September. I filled up the form as requested. And my FB request is pending on group. Your advice helped me during so called settlement from her. I refused. Thank You.

    Reply
    • videv says

      March 10, 2019 at 7:17 pm

      Your request may have not have been approved because I can see in your previous request in Dec about giving general gyan regarding reason of joining group, rather than mentioning your own specific issue.

      In your latest request recently, it’s still same style of giving some general gyan: “Need advice and counsel on how to combat false cases against men.” Does it feel shameful to just say you need help with your 498A, 125, DV etc?

      Do everyone a favour and give specific reason regarding YOURSELVES in the joining form, or stop bothering us. Admins have to spend time to go through each request and check on details.

      Reply
  3. Hari says

    June 17, 2018 at 3:09 pm

    Excellent, well reasoned out articles. An eye opener in many ways. A must read for all men and women about to marry.

    Reply
  4. Abhishek Sharma says

    April 20, 2016 at 3:46 pm

    Dear Sir,

    My maternal uncle’s daughter in law has left her house for any reason what so ever since 2 years. Now, suddenly she has filed a case of domestic violence and dowry against my maternal uncle. As far as I know there was not any case of violence and dowry which was made against her my uncle. But the problem is She has named my father in it. We including my father and mother don’t visit their place regularly. Hardly, once or twice in a month but then also she has included my father’s name. I am very tensed and don’t know what to do. Please suggest as we don’t have anything to do in this matter.

    Reply
    • videv says

      April 22, 2016 at 9:28 am

      >>Please suggest as we don’t have anything to do in this matter.

      When accused in crime, you have to tell your side to police, and if they don’t take out names in chargesheet, then one has to go through trial. Whether people can cope up with tension or not is a personal thing… at least now MRA groups are there for people to find support, but there is no quick-fix possible.

      Reply
  5. faruk sidddiqui says

    September 13, 2015 at 2:42 pm

    Dear Sir,
    my wife had left my house while I was going out f station for treatment purpose,i had asked her to accompany me, she refused to do so and I had asked her to stay at home ,bt she refused and left for her mothers place without my consent, after going there she used to visit my place tby saying I want to collect clothes this that,bt was not ready to stay back,then I asked my brother to keep her portion locked till I come back then one day in month of august while elders were not at home she entered the house with couple of people broke the lock man handled the small children when they tried to stop her from breaking the lock and took away the belongings. when my rother came and called her she refused to answer the call, and her sister spoke and told that since she wanted some clothes so she broke the lock. after a period of 12 days she again came to my residence along with a crowd of people late at night around 11 pm and asked my brother to open the gates, my brother called me I told him ask her to speak to me,but she did not do it.and kept banging the door and abusing them.this attracted the neighbours and they asked one of her brother why he was not talking on the phone and creating nuisance late at night when I am out f station. they kept shouting for some time and left the place,later on on 26th aug I rercived a call frtom sub inspector enquiriong where I am. I told him that I am in maharastra. he asked me to report to the station .I confirmed him that by sunday I shal be there, he cross checked and confirmed me back by sms,that I am in maharastra.i reached on Friday and reported to the police station,my wife also was called during the course of counseling it came out that all mistakes were committed by her,there family members immd started apologizing and said that I can take her back,i also agreed it was decided that she will come next day,we gave in writing to the inspector that we have compromised I asked the inspector to mention in minutes of talks al that she agreed and confessed mistake to take in writing bt they told me that we cannot do it and the complaint stands closed now.from 28th aug till 12th of sept I made numerous calls to her brother each time he kept saying we are coming, the same I also notified to the inspector through sms.then on 12th sept I again went to the police station to inform them that she was not coming, the sub inspector called her. she came to the p.s and started demanding that I should keep her seprate,and then only she will join me,when I told them this al was agreed last time only and why this new demand, the inspector told her that if she wants she can lodge a complaint against me and family members,under 498. I asked the si how can he do this inspite of knowing everything,and when I have come to give a complaint.it fell on deaf ears, and I was detained till 9 .p.m while she was allowed to go home happily.at 9pm when I was called and asked to sign on fir pAPERS,I AGAIN ASKED HIM HOW CAN MY MARRIED SISTERS WHO ARE staying 600kms away being included he said we will investigate and take decision.i WAS let off AFTER TELLING ME NOT TO LEAVE TOWN.my question is where is this case going now,why was I booked when I went to lodge a complaint, I even came to noe that I could have booked a case against her for breaking the locks at my home,manhandling and next for creating nuisance late at night and tress passing can I do this now,as I was not aware of this,my brother has taped her sisters voice where in she confirmed that the lock was broken,the next time when she created nuisance the neighbours are witness to this. please help me to understand my position and what can I do at this stage,plEASE HELP ME AT THE EARLIEST CAN I ALSO BRING TO SOME ONES NOTICE THE SUB INSPECTORS BEHAVIOUR. please help me sir, iam a victim for no fault of mine.
    regards

    farukh.

    Reply
    • videv says

      September 13, 2015 at 10:16 pm

      Most men think things will sort out but they don’t… So until they dragged to PS (and family members too), people are not thinking seriously what kind of laws and system is there. Then Trying to file your complaint much after the incident of lock breaking will be seen as a counter case, nothing more.

      Just because inspector knows the truth, doesn’t mean he may not file an FIR if wife insists upon it. That’s the law, welcome to women empowerment — everyone says they want it, but maybe they don’t really understand the implications how this is being achieved.

      Reply

Trackbacks

  1. Advice to men on 498a, maintenance, DV, divorce, child custody, what else - Men Rights India says:
    November 21, 2014 at 5:05 pm

    […] read the Innocent until proven guilty is the law if you haven’t already since that sets the context for this post.  I have written another […]

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

👉Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Questions about this article? Ask in Telegram Group Men Rights India Q&A  
(Also include link to this Article when you post question)
Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines:

👉Kannada/ Hindi/ English: Call Sharath +919738010456
👉Free guidance (10-15 min)
👉Paid Guidance (For 30 min or more), click to pay

Join our WhatsApp/Facebook groups

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

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


Take Quizzes to test your legal knowledge!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


👉(Read Online eBook)👈
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Contribute via UPI: videv@upi / videv@icici / videv@paytm

Today’s Popular Posts

  • How to fight false cases of DV, maintenance, CrPC…
  • How to file objections/written statement to…
  • Basic Cross-examination techniques in matrimonial…
  • Procedure of CAW (Crime against women) cell,…
  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • Why Indian men should be very careful in filing divorce
  • How to complain against judges of trial courts, High…
  • Contact
  • How to Fight and Reduce Maintenance under CrPC 125…
  • Using Purshis in court

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Database of ‘good’ and bad lawyers

1 Aug 2009 By videv Leave a Comment

Exemption from personal appearance to be granted for reason of long distance between accused’s residence and place of trial–Supreme Court in IPC 498A/DP Act case

15 Aug 2018 By videv 2 Comments

Income of parents not allowed to calculate maintenance

20 Jul 2010 By videv 2 Comments

Mumbai family court denies maintenance under HMA 24 to MBA qualified HR professional wife

1 Jun 2015 By videv 8 Comments

Bare acts of basic laws, matrimonial, and relevant laws men should know

29 Jul 2018 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • Ankur on Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
  • Khushi on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • videv on Yodha Strategies and Techniques – YS101 course
  • videv on How to handle allegation of impotence by wife

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts