Monday, 2 September 2013

why section 498a domestic violence again


The alleged wife-beating case involving OM Puri is the latest in a gory sequence where a supposedly cultured manhas thrashed his spouse. We examine why it happens times and again, in exalted circles. If they have witnessed domestic abuse in their family, through their parents or grandparents, this makes the men believe that domestic abuse is all right and they are likely to develop this habit too.

Kapil Sibal, Law Minister So let's be clear. Legislations are a message that MPs are on the side of women in a patriarchal society.With this intent we bring this (Marriage Law Amendment) Bill There are many cases where men and women resort to, or put up with, physical or verbal assault because of agitated depression or an unresolved conflict which has been lying dormant for a long time.
Of course, domestic abuse isn't the answer, but their minds justify their actions as the right move. It is possible that these issues were always a part of their life, and the partner bears the brunt of it; or these issues become more prominent after marriage.

So for instance, if his or her spouse corrects the abuser for a fault, the instance acts as a trigger and slowly develops into an assault.
In cases of domestic abuse, both the men and women are seen to have a mental conflict; a psychological imbalance of the mind. While their issues are latent, quite often marriage pulls the trigger.
Domestic abuse affects both the subservient and the aggressive: The abuser is most of the times seen to be suffering from an agitated state of mind while the woman's confidence takes a beating.
Our patriarchal society also has a role to play, it is inherent; it instinctively rules our lives.
Our society makes men conditioned to think that women are the inferior ones. If they have witnessed a case of domestic abuse in their family, through their parents or grandparents, this makes them believe that domestic abuse is all right and they are likely to develop this habit too. As children, this impacts their lives, and as they cannot understand the good from the bad, they are forced to believe that abuse is the right thing to do. This distorted perception about relationships affects their thought process and they justify their actions.
I have witnessed a few cases where I have seen men who are angry because their mothers have accepted abuse. This resentment stays with them, and sometimes they resort to abuse because of the guilt. A woman's success is sadly another factor for abuse. An accomplished woman, sometimes, intimidates a man. They are conditioned to think of the role of a woman as a nurturer, since they could have witnessed their mothers playing the same role, and not as a woman who makes big bucks.
They are yet to accept the shift in roles and treat women as equals. If a man cannot deal with his wife's success, or lacks the confidence, he resorts to physical abuse to display his power. Or if he lacks confidence, he finds the need to show it on his spouse.

Though women may be independent and hard-working, a broken home is always seen as a social stigma. Our society dictates that leaving a marriage because of a traumatising spouse is not good enough.
No matter how modern we consider ourselves to be, many parents, even today, do not want their daughters to leave the marriage. Among the cases that I have dealt with, only five per cent to seven per cent of parents really want their children to come back.

The truth is that the woman really works hard to make her marriage work. So a lot of times, even accomplished or successful women will put up with abuse because they want to make their marriage work.
Until, of course, their patience dries up and they decide to finally walk out of it.

If a marriage runs into a problem, it makes sense to part ways and move on. However, the abusers do not see this as a solution. They would rather make their partner suffer than end the marriage.
It is a myth that domestic abuse affects the lower strata of society; and caste, creed. education or lack of it has got nothing to do with it. Many of our values are imbibed from our society and not many want to go against it. Sadly, it will take generations for abuse to get erased from our society .
As told to Julie Sam Seema Hingorrany is a clinical psychologist T he Protection of Women from Domestic Violence Act 2005 was brought into force from October 26, 2006. This Act differs from Section 498A of the IPC, in that it explicitly defines domestic violence in addition to dowry-related cruelty.
The legislation was sorely needed in the face of some chilling statistics: Around 70 per cent of women are victims of domestic violence.

A crime against a woman is committed every three minutes, a woman is raped every 29 minutes, a dowry death occurs every 77 minutes, and a case of cruelty committed by either the husband or relative of the victim occurs every nine minutes.

Domestic violence is defined as follows: (a) habitually assaults or makes the life of the aggrieved person miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment; or (b) forces the aggrieved person to lead an immoral life; or (c) injures or harms the aggrieved person.
Nothing contained in clause (c) of sub-section (1) shall amount to domestic violence if the pursuit of course of conduct by the respondent was reasonable for his own protection or for the protection of his or another's property .

It is primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives. The law also extends its protection to women living in a household such as sisters, widows or mothers. Domestic violence includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. It also covers harassment by way of dowry demands. CHARLES SAATCHI AND NIGELLA LAWSON In June Lawson left her mari tal home following the very public assault by husband Charles Saatchi.She has had a traumatic time since photos emerged of her husband with his hand around her neck, for which Saatchi has accepted a police caution, and they have barely spoken to one another since. The couple have been granted a decree nisi. CHRIS BROWN & RIHANNA R&B singer Brown pleaded guilty in June 2009 to assault ing his former girlfriend and pop star Rihanna in February of that year. Brown's lawyers secured a last-minute deal that allowed him to avoid jail time and another public air ing of the domestic-violence allegations that had damaged his clean-cut image. Brown bit, punched and choked Rihanna after a pre-Grammy Awards party. BOBBY BROWN Singer Bobby Brown was charged with domestic vio lence after a December 2003 dispute with his then-wife Whitney Houston. Authorities reported that the incident left Houston, who is also a singer, with facial injuries. Brown turned himself in after cops were called to the couple's home. Houston's spokesperson later released a statement that read, “Brown is very apolo getic about what happened and hopes his wife forgives him.“

Charlie Sheen In 1996, Sheen, an actor, plead ed no contest to a misdemeanor charge of battery with serious bodily injury after he was accused of knocking then girlfriend Brittany Ashland to the floor. In 2011, accounts of battery resurfaced with his then-estranged wife Brook Mueller. Mueller alleged Sheen threatened her life and made anti-Semitic comments, how ever, the actor escaped arrest.

Tommy Lee pleaded no contest in April 1998 to a felony charge of spousal battery against his wife, former Baywatch star Pamela Anderson. Lee received a three-year suspended sen tence, was required to spend 180 days in jail and ordered to pay a total of $6,200 to a shelter for battered women. Anderson, who filed for divorce shortly after the incident, reportedly had hoped her husband would be spared jail time. YUKTA MOOKHEY The former Miss World has lodged an FIR against her hus band Prince Tuli, New York based businessman, for alleged domestic violence. An FIR has been registered under Section 498A (cruelty and harassment) and Section 377 (unnatural sex) of IPC. No arrest has been made. so far, the police said.
K.B. GANESH KUMAR IN A major embarrassment for Kerala Chief Minister Oommen Chandy, forests minister Ganesh Kumar and wife Yamini traded domestic violence charges.In his divorce plea, Kumar alleged that beaten up by his wife in front of his personal staff. Yamini hit back in a press conference saying that it was she who had been the victim of domestic violence for the last 16 years for questioning “illicit affairs“ of her husband. ZEENAT AMAN Zeenat Aman, the 70's siren's marriage to small time actor Mazhar Khan was far from peaceful. Aman used to be beaten up by her husband, which ultimately led to a divorce. Once, he even allegedly hit her at a party while guests watched.

Darshan Kannada film actor Darshan was arrested after his wife Vijayalaxmi accused him of domestic violence. The artiste allegedly threatened his wife and three-year-old son Vineeh at gun point following an argument.

Rahul Mahajan In 2008, Rahul Mahajan and Shweta Singh called off their marriage after two-and-a-half months; Shweta claimed she had been assaulted on a number of occasions. After one incident, Rahul left Shweta with a cut lip.

Dimpy Ganguly In 2010, Kolkata-based model Dimpy Ganguly walked out of her four-month-old marriage to Rahul Mahajan alleging domestic violence. SHWETA TIWARI Shweta Tiwari, who was once married to actor Raja Chowdhary, filed a police case against her husband three days before entering the Bigg Boss house. According to the actress, Raja used to hit her often when they were married.

by deccanchronicle

 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com
 
 



Saturday, 24 August 2013

498a cruelty by in-laws


KOCHI: A legally valid marriage is necessary to sustain complaints alleging cruelty by husband or relatives, the Kerala high court has held.
Justice B Kemal Pasha gave the ruling while considering a petition filed by a mother-in-law, Suprabha Dharan of Parippally in Kollam, seeking to quash a criminal case against her based on her daughter-in-law's complaint.

Based on the complaint, police had registered a criminal case against the husband and in-laws.
In the petition filed through advocate Siby Mathew, the mother-in-law contended that her son's marriage with another woman was subsisting during the period in which the alleged acts of cruelty took place.
Her son got divorced from his first wife only on April 30, 2003, and then married this woman on October 14, 2003, as per Special Marriage Act. The alleged acts of cruelty took place prior to registration of marriage. A valid marriage is a necessary ingredient to invite an offence under Section 498A of IPC. As her son's first marriage was existing, his relationship with the woman who complained could not create any valid marriage, the mother-in-law's counsel pointed out.

Opposing this, the complainant's counsel argued that a valid marriage is not required to invite the offence under Section 498A, whereas a long collaboration in the form of marriage is sufficient.
To decide the case, the court relied on a 2002 decision of the Supreme Court in Shivcharan Lal Verma v State of Madhya Pradesh. It was held by a three-member bench that a second marriage will be null and void on account of the subsistence of the earlier valid marriage.

Quashing the case against the mother-in-law, the high court held that an offence under Section 498A cannot be included in the case for any period prior to October 14, 2003, when the marriage was registered.
KOCHI: A legally valid marriage is necessary to sustain complaints alleging cruelty by husband or relatives, the Kerala High Court has held.

The ruling by justice B Kemal Pasha was while considering a petition filed by a mother-in-law, Suprabha Dharan of Parippally in Kollam, seeking to quash the criminal case against her based on her daughter-in-law's complaint.

Based on the complaint, police had registered a criminal case against the husband and in-laws.
In the petition filed through advocate Siby Mathew, the mother-in-law contended that her son's marriage with another woman was subsisting during the period in which the alleged acts of cruelty took place.
Her son obtained a divorce on his first marriage only on April 30, 2003 and then married the woman who complained on October 14, 2003 as per Special Marriage Act. The alleged acts of cruelty occurred prior to registration of marriage. A valid marriage is a necessary ingredient to invite an offence under section 498A of Indian Penal Code. As her son's first marriage was existing, his relationship with the woman who complained could not create any valid marriage, the mother-in-law's counsel pointed out.

Opposing this, the complainant's counsel argued that a valid marriage is not required to invite the offence under section 498A, whereas a long collaboration in the form of marriage is sufficient.
To decide the case, the court relied on a 2002 decision of the Supreme Court, in Shivcharan Lal Verma v State of Madhya Pradesh. It was held by a three-member bench that a second marriage will be null and void on account of the subsistence of the earlier valid marriage.

Quashing the case against the mother in law, the high court held that an offence under section 498A cannot be included in the case for any period prior to October 14, 2003, when the marriage was registered.

by timesofindia.indiatimes
 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com
 




 

IPC section 498A worst conviction rates things








Maharashtra among worst 10 in conviction rates
Several studies, in India and abroad, have revealed that a majority of sex criminals are repeat offenders.
MUMBAI: The conviction rate for crimes against women in India is depressingly low, but Maharashtra's record is even more abysmal than the national average. In cases of rape, for instance, Maharashtra's conviction rate of 16.1% is about two-thirds of the 24.2% that the country averages.

The conviction rate for rape among the bigger states ranges between 10% and 16% for Gujarat, Karnataka, Andhra Pradesh and West Bengal while it is lower than 10% in Jammu & Kashmir. All other major states fare better than Maharashtra.


Several studies, in India and abroad have revealed that a majority of sex criminals are repeat offenders. A 2010 news report mentions a study by Swarnchetan, an NGO dealing with rape cases, which showed that nearly 70% of rape accused inmates in jails were repeat offenders. That is a telling statistic on just what the cost of a low conviction rate can be.


A look at data from the National Crime Records Bureau (NCRB) shows that Maharashtra ranks among the 10 worst states in terms of conviction rates for most offences against women. These include insulting the modesty of woman, dowry deaths and cruelty by husbands or their relatives.

Barely one in every 11 person, chargesheeted for assault on a woman with intent to outrage her modesty gets convicted in Maharashtra . The national average is almost one in four. Among the bigger states, only Gujarat , Karnataka and Jammu & Kashmir have a poorer record on this count.

In cases of insult to the modesty of a woman, nearly 95% of those accused walk free after trial in Maharashtra . Again, only Assam, Bihar and Karnataka among the major states fare worse. The all-India average conviction rate under this offence is 36.9%.


When it comes to offences under IPC section 498A, which deals with cruelty by a husband or his relatives, not even one in every 50 accused gets convicted in Maharashtra . This is just a little over one-tenth the national average of 15%. Maharashtra's 16.9% conviction rate for dowry deaths is also close to half the national average of 32.3%.

Of course, this is not to suggest that the rest of the country is doing a wonderful job of punishing those accused of crimes against women. The national average of conviction rates for IPC crimes against women is just 21.3%, which means almost four out of five accused walk free. It is also much lower than the 38.5% overall conviction rate for all IPC crimes.


The Justice Verma Committee, constituted to recommend amendments in criminal law to speed up trails in cases dealing with sexual offences against woman, also noted the abysmally low conviction rates for crimes committed against woman. The report observed that even today the victimized woman, rather than the rapist, is put to trial. by Timesofindia

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com

Friday, 23 August 2013

498a dowry law case Yukta's husband seeks time



Prince Tuli, the estranged husband of former Miss World Yukta Mookhey, today sought more time to file reply to her petition challenging the interim protection from arrest granted to him by the lower court.



Yukta last month filed a police case against her husband, parents-in-law and sisters-in-law under sections 498A (cruelty) and 406 (criminal breach of trust) of Indian Penal Code. She also accused her husband of offence under section 377 (unnatural sex).

Following this, Prince, his father Bacchiter Singh, mother Harinder Kaur Tuli and sisters Manmeet Kaur and Chandan Kaur approached the sessions court seeking anticipatory bail.

The sessions court, while posting the hearing for a later date, granted them interim relief from arrest till August 31. Yukta has challenged this before the High Court.

Justice R P Sondurbaldota had on August 19 issued notice to Prince and scheduled a hearing today. His lawyer however, sought time to file an affidavit in reply.

The judge then adjourned the hearing to August 28.

In 2008, Yukta married Prince, a Nagpur-based businessman. She and her 3-year-old son have been staying with her parents for the last one year after she fell out with the husband and the in-laws.
 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com
 

Wednesday, 21 August 2013

ipc 498a case forcing teacher into prostitution

  
 GURGAON: A teacher from an upscale school in the city has lodged a complaint with the DLF-I police accusing her husband of pushing her into prostitution.

The accused was arrested on Tuesday. The 35-year-old physical education teacher told police that her husband had been exploiting her for the last four years.

The couple has been married for 15 years and has two children. The victim said for the last four years, her husband was out of work. The victim said the accused would get people to their home and then force his wife to get physical with them.

"He doesn't do anything. I am the one who runs the family. He would invite people home and then would use me as exhibit and force me to get intimate with them. He clicked my nude pictures on the sly and would show them to lure people. He also posted some of these pictures on the internet. I kept quiet for the sake of the children, but I cannot take it anymore," the victim told police in her complaint.

After receiving the complaint, the DLF-I police registered a case against the victim's 43-year-old husband under Sections 498A, 232, 506 of the IPC, sections of the Immoral Traffic Act and Sections 66A, 66E of the Information Technology Act.


"An FIR has been lodged. We have arrested the accused and sent in police custody remand for one day. The investigation is on," said Rao Dalbir Singh, ACP (DLF).

The victim said for the last four years, her husband was out of work. The accused would get people to their home and then force his wife to get physical with them.
 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com
 

Sunday, 18 August 2013

498a ipc Pregnant 21-yr-old case



A 21-year-old woman, who was seven months pregnant, was found dead in Badana village on Saturday night, following which the police booked four persons, including her husband, in a dowry-related murder case.


Police said Sarabjit Kaur, who belonged to Salimpur Sekhan village in Rajpura, had married Jagtar Singh of Badana village, near Lalru, on December 23 last. Her paternal uncle Harbans said they were informed about her death around 10.30 pm on Saturday.
The family reached the spot and the body, hanging by a dupatta from the ceiling fan in her room, was pulled down in the presence of the police around two hours later. Harbans alleged that her in-laws had been harassing her for dowry. The most recent spat was resolved in the presence of police around three months ago.

On a complaint by the victim's mother Gurmeet Kaur, the police booked her husband Jagtar Singh, his brother Jagdev Singh, cousin Sarabjit Singh and mother Jaswinder Kaur under sections 304B/302 and 498A of the IPC. All four are at large.
The body was shifted to the Dera Bassi civil hospital where a board of doctors would conduct the autopsy on Monday.

 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com
 


Monday, 12 August 2013

498a-ipc-Dowry-law-in-India‎-article-news-blog


NEW DELHI: in an exceedingly first, the Supreme Court on weekday permitted subsidence of cases under Section 498A of IPC lodged by a lady against her husband and in-laws for alleged cruelty in her matrimonial home.

Though it was enacted to guard girls 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 urge.
 "We feel that though offense punishable under Section 498A of the IPC is not compoundable, in applicable cases, if the parties are willing and if it appears to the judicature that there exists parts of settlement, it should direct the parties to explore the chance of settlement through mediation," a bench of Justices Aftab Alam and Ranjana P Desai aforesaid.
 


"If there is settlement, the parties are going to be saved from the trials and tribulations of a criminal case which can scale back the burden on the courts which can be in the larger public interest," aforesaid Justice Desai, who authored the judgment on behalf of the bench.



"During mediation, the halfies will either arrange to part company on reciprocally agreed terms or they will arrange to patch up and rest. In either case, for the settlement to return through, the criticism can have to be quashed. therein event, they'll approach the judicature and obtain the criticism quashed. If, however, they choose not to settle, they'll proceed with the criticism. in this exercise, there is no loss to anyone," the bench aforesaid.


The judgment came in an exceedingly case wherever a couple|a handful|some} separated simply two days after marriage as a row between the oldsters of the bride and groom resulted in an exceedingly massive ego battle leading to a legal fight that lasted for 10 years.

During the time they were separated, the woman made several false complaints against her husband and his father, together with a derogatory criticism that she was asked by her mother to bed her father-in-law. once the court found it to be false, she aforesaid it was a trial to pressurize her husband to require her back.

The bench aforesaid, "This statement cannot be explained away by stating that it was made because the woman was anxious to go back to the husband. this can be not the way to win the husband back. it's well settled that such statements cause mental cruelty. By causing this criticism, the woman has caused mental cruelty to the husband."

It aforesaid the judicature erred by ruling that mental cruelty may be caused providing the husband and woman stayed under one roof. "Staying together under constant roof is not a pre-condition for mental cruelty. spouse equivalent will cause mental cruelty by his or her conduct even while he or she is not staying under constant roof," Justice Desai aforesaid.

"In a given case, while staying away, a spouse equivalent will cause mental cruelty to the opposite spouse equivalent by causing denigrating letters or notices or filing complaints containing indecent allegations or by initiating range of judicial proceedings making the opposite spouse's life miserable. this can be what has happened in this case," she additional.

 The bench aforesaid years of false and frivolous  complaints had irretrievably softened the wedding between the parties. It asked the husband to pay Rs fifteen lakh as maintenance for grant of divorce.


"Irretrievable breakdown of marriage is not a ground for divorce under the Hindu marriage Act, 1955. however wherever marriage is on the far side repair on account of bitterness created by the acts of the husband or the woman or each, the courts have perpetually taken unrecoverable  breakdown of marriage as a very weighty circumstance amongst others necessitating severance of matrimonial tie," the court aforesaid.


"A marriage that is dead for all purposes cannot be revived by the court's finding, if the parties are not willing. this can be because marriage involves human sentiments and emotions and if they're 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.

 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com
 

Tuesday, 6 August 2013

498a-ipc 498a-498a ipc-section 498a-498a attorney-498a lawyer

498a | what is 498a? | ipc 498a | 498a ipc | section 498a | 498a attorney | 498a lawyer 

The government of India has decided to broaden the ambit of the controversial Section 498a of the Indian penal code. Many civil rights groups are taking a stand against Section 498a because it is being falsely justified as a weapon of “Arrest on Demand” by wives who are angry against their husbands and in-laws. Section 498a was created to provide safety for women; not cause harm to either of the spouses.
But how does one know if the accusation is real or false? Due to Section 498a there is no investigation following an arrest. As a result, it has proven to be difficult for a suspect to get out of an arrest. Unless you and your spouse can reach a settlement in court, it is something that cannot be avoided.
Can we say that it is men who are now standing up for themselves and not just women? This is starting to appear very common amongst most cases under Section 498a. False accusations are continuously being made, leaving men in a legally vulnerable state.
When false allegations are present, hardly any attention is paid to the case. However, in situations where the woman is a victim, the coverage seems unwavering. The public appears to find it very difficult to view men in the same light of victimization.
These false accusations do not destroy the image of men throughout India. However, because of past events, this has tarnished men’s credibility in court when such charges are brought forth. Section 498a is a result of past grievances that men committed towards women. In some instances, it has been found that a select amount of women have taken advantage of this newer law.
Is section 498a giving women more power now in the marriage? Have they been given more control?
Section 498A, of late, has started catching the attention of one and all; from women’s lobbying groups, to men’s rights activists, to prominent lawyers and the judiciary. It has even arrived at the Home Ministry and RajyaSabha. What does this mean for Section 498a?
The government has come to realize the hidden potential of a law like Section 498a. Society is saying that it is unconstitutional and has declared it a weapon for unleashing legal terrorism. A government source has stated that they are considering changing the definition. The new definition is still a work in progress but will cover many crimes from blackmail, extortion, threatening, kidnapping, and physical assault.
But how long will it take for such things to take place? Yes there are changes that are being promised but will it actually be done?
There are many opinions and different perspectives about Section 498a. Many people will either be left happy with the changes being made or unhappy with this decision. The question that lies before us is, is there is a way to avoid theabuse of 498a?

498a Ipc section 498a Dowry law attorney lawyer
498a dowry law in India Legal Adviser Lawyer attorney Free consultant 498a lawyer
3605 Long Beach Blvd., Suite 300 Long Beach, CA 90807
Long Beach
Orange county
CA 90807
California

 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone:(855)-WHY-498A
Fax:(714)-637-1713
Email:info@498alawyer.com
Web:www.498alawyer.com

Friday, 2 August 2013

Section IPC 498a dowry law Things





The government of India has decided to broaden the ambit of the controversial Section 498a of the Indian penal code. Many civil rights groups are taking a stand against Section 498a because it is being falsely justified as a weapon of “Arrest on Demand” by wives who are angry against their husbands and in-laws. Section 498a was created to provide safety for women; not cause harm to either of the spouses.
But how does one know if the accusation is real or false? Due to Section 498a there is no investigation following an arrest. As a result, it has proven to be difficult for a suspect to get out of an arrest. Unless you and your spouse can reach a settlement in court, it is something that cannot be avoided.
Can we say that it is men who are now standing up for themselves and not just women? This is starting to appear very common amongst most cases under Section 498a. False accusations are continuously being made, leaving men in a legally vulnerable state.
When false allegations are present, hardly any attention is paid to the case. However, in situations where the woman is a victim, the coverage seems unwavering. The public appears to find it very difficult to view men in the same light of victimization.
These false accusations do not destroy the image of men throughout India. However, because of past events, this has tarnished men’s credibility in court when such charges are brought forth. Section 498a is a result of past grievances that men committed towards women. In some instances, it has been found that a select amount of women have taken advantage of this newer law.
Is section 498a giving women more power now in the marriage? Have they been given more control?
Section 498A, of late, has started catching the attention of one and all; from women’s lobbying groups, to men’s rights activists, to prominent lawyers and the judiciary. It has even arrived at the Home Ministry and RajyaSabha. What does this mean for Section 498a?
The government has come to realize the hidden potential of a law like Section 498a. Society is saying that it is unconstitutional and has declared it a weapon for unleashing legal terrorism. A government source has stated that they are considering changing the definition. The new definition is still a work in progress but will cover many crimes from blackmail, extortion, threatening, kidnapping, and physical assault.
But how long will it take for such things to take place? Yes there are changes that are being promised but will it actually be done?
There are many opinions and different perspectives about Section 498a. Many people will either be left happy with the changes being made or unhappy with this decision. The question that lies before us is, is there is a way to avoid the abuse of 498a?
498a dowry law in India Legal Adviser Lawyer attorney Free consultant 498a lawyer
3605 Long Beach Blvd., Suite 300 Long Beach, CA 90807
Long Beach
Orange county
CA 90807
California

Saturday, 27 July 2013

498a Cry mental torture get divorce




Cry-mental-torture,-get-divorce

Mental cruelty is turning out to be the most cited reason for divorce these days, say advocates. Since mental cruelty is more subtle, and leaves no scars like physical violence, approaching the courts for a divorce on this basis is a preferred route for couples.

If wives are approaching the courts for divorce under Section 498A (husband or relative of husband of a woman subjecting her to cruelty), for most husbands, their wives filing false cases and getting them arrested is amounting to cruelty, say advocates.
Since January this year, nearly 46 per cent of the cases that came to the family court are individuals who are seeking divorce from their partners on the basis of mental cruelty. Interestingly, most of these cases are filed by husbands, asking for separation from their wives because they were putting them through mental torture and filing false cases against them.

“There have been quite a number of cases where women have been misusing Section 498A. However, in the process, the husbands have been facing humiliation by going to jail for offences they have not committed. In such situations, if the husband approaches the court with sufficient evidence, the court grants divorce,” says advocate Arvind Raj.
Till a few years ago, getting a divorce on the grounds of ‘mental cruelty’ was not an easy process. However, after the wide sweep of definitions given by the Supreme Court, it has become an easy process for couples to approach courts on this basis.

Though not many, there have been instances where petty reasons have been cited as mental cruelty. Recently, in a judgment at the Secunderabad Family Court, a husband was given divorce after he approached the court stating that his wife was being rebellious and not cooking for him and his family, causing inconvenience and mental trauma to his family members.

Earlier, the court would have rejected such a plea and the divorce would not have been granted. However petty, the divorce judgement was passed, points out advocate Arvind Raj.
“What makes mental cruelty a sticky situation at the courts is that it lacks any barometer. With every case, new laws are being formed, and the ground reality is being ignored. Since there is no comprehensive definition for mental cruelty, couples are taking advantage,” he adds.

 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com