I am not against honest lawyers or trying to say that lawyers can not be honest. But here is my reasoning: 1. The legal system in India and most countries works by way of competitive lawyers taking sides of their clients. The lawyers and legal system is not after truth or justice, because in competitive arguments full truth can never be known. Both parties’ lawyers will be trying to maximize benefits to their clients, or so we hope. 2. The clients themselves may not share complete or truthful information with their lawyers. Many clients may want to take whatever advantage …[Continue Reading]
Basic do’s and don’ts for 498A etc
Basic safety and precautions Keep documents out of reach of your wife/other party. Collect your important documents like passport, educational certificates etc and move to a safe place – a bank locker, parents’/ friends’ house etc. In any case, keep them locked if they are at home and your wife is staying there too. The reason is that many a time wife can allege something in her complaints and request court to impound husband’s passport. The other possibility is she may steal them and use that as bargaining chip later. She may give it to court to be impounded etc. …[Continue Reading]
Backgrounder on Domestic Violence Act (PWDVA)
In case you do not know about DV act, for basic background go through these excellent links: http://www.498a.org/domesticViolence.htm http://www.498a.org/dvfaq.htm The questions given below will prepare you for the possible misuse of this act. Ask yourself if anyone of these questions could apply to your case. Being prepared is winning half the battle! http://www.498a.org/dvquestions.htm For more information on judgments etc and analysis relating to PWDVA see below: http://nyayayodha.blogspot.com/search/label/PWDVA%28DV%20Act%29
Judgments and opinions on 498A, misuse of laws etc
Why high court judges are allowing compounding of 498A cases even though is is non-compoundable offence? Further, in Andhra Pradesh 498A has been made compoundable with effect from 1-8-2003. Compounding of offence basically means taking back of the criminal complaint by complainant. Sec 320 of CrPC gives list of IPC offences which can be compounded. 498A is a non-compoundable offence. Only serious offences which are considered offences against society are made non-compoundable. http://ipc498a.files.wordpress.com/2007/04/delhi-hc-permitting-the-compounding-of-498a-cases-2007.pdf Read about several judgments about false 498A and other false cases by women party. Use these as citations in your own cases if your case has similarities. …[Continue Reading]
Articles on women, failure of dowry laws, misuse etc
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
Results of SIF survey in Bangalore shown on TV
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]
Using RTI against police and law enforcement authorities
Here is example of using complaint to vigilance department for lack of proper process during police investigation: http://groups.yahoo.com/group/saveindianfamily/message/137577 Here is another thread on SIF giving various people’s success / result of complaining against police vigilance department: http://groups.yahoo.com/group/saveindianfamily/message/138866 Template for getting RTI info from police about a particular crime. You can modify the below RTI to change it to crime reports on e.g.: Dowry complaints, 498A complaints, Chain snatching incidents etc. RTI Template to get information on missing children complaints Information on RTI for Hyderabad police:http://www.hyderabadpolice.gov.in/Main/RTI.htm
Tax Evasion Petition and RTI follow up
In case the woman’s party claims to have given huge amount in dowry, and if they don’t have income to support such amount of dowry, then you can file Tax Evasion Petition (TEP) followed by RTI on TEP to Income tax dept against FIL and dowry givers. Basic idea is to find out how they were able to give so much dowry if they do not have income. In case it comes out from RTI that they did not have so much income then their case will weaken considerably. If they still insist that they gave that much dowry, then …[Continue Reading]
Templates of various RTI applications
Various good templates are available here: e.g.RTI Template for Complaint agaisnt FIL if he is a Govt. ServantRTI Template for obtaining assets of FIL if he is a Govt. ServantRTI Template for obtaining information from private companiesRTI Template for track record of FILRTI Template for retirement analysis of FIL http://bok498a.blogspot.com/ Information on RTI for Hyderabad police: http://www.hyderabadpolice.gov.in/Main/RTI.htm Template documents for tax evasion petition, RTI etc are available at:http://fightagainst498a.blogspot.com/ Template to get info if someone in opponent party has evaded property tax. With this you can at least force them to pay up the property tax with interest for the previous …[Continue Reading]
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