Wednesday, 17 July 2013

498a news Techie commits suicide, note blames husband





A software engineer committed suicide by hanging at her brother’s house in Ashok Colony, Kushaiguda on Sunday evening due to alleged harassment by her husband, the police said.
N. Ramya Keerthi, 27, who was working in Cognizant, came to her brother Suman Babu’s house three weeks ago after quarrelling with her husband Meghanath. On Sunday, Babu and his family went out in connection with some work and returned home in the evening only to find the door open. They entered the kitchen and found Keerthi hanging by a bed-sheet.
A suicide note purportedly written by Keerthi, stated that her husband and father-in-law were responsible for her death. She sought forgiveness from her father Eshwar Prasad for taking such a drastic step, Kushaiguda Sub-Inspector K. Laxmana Rao said, quoting the note. Mr. Prasad is a senior government official in New Delhi. 


Inquiries by the police revealed that Meghanath, a private employee, married Keerthi 18 months ago. He used to consume liquor and harass her. He beat her up on several occasions on trivial issues, the SI said after collecting details from the family members. 


Based on a complaint lodged by Mr. Babu, the police registered a case under Sections 498A (husband or relative of husband of a woman subjecting her to cruelty) and 306 (abetment of suicide) of IPC against Meghanath and his father and handed over the body to family members after an autopsy at the Gandhi hospital. “We are yet to arrest Meghanath and his father,” the SI added.
The headline for this story has been changed - the earlier reference to an IT major is regretted


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
 





 

Thursday, 11 July 2013

498a effects on Indian men New marriage


Madras High Court Marriage Rule
Are we heading towards another feminist law like the 498A (Law against Dowry) whose rampant misuse has led Supreme Court to declare it as 'legal terrorism'? Sure enough women have been discriminated against, been tortured and suffered from times immemorial but does that justify the fact that some of the major laws in our country taking a highly feminist turn? The misuse of harassment laws has increased by 20 percent cited Times of India on 16th April 2013. One can only imagine what the numbers will be after the High Court ruling that declares premarital consensual sex equivalent to marriage.

When two people decide to be indulging in a physical relationship, it is their duty to be sure of what it means to both of them. It's imperative for them to be on the same page and know whether it's casual or an act of committing to each other for all their lives. It's a personal matter that should be handled well at that level without any melodrama and court intervention.

With the new law, it seems that every relationship gone wrong and any woman with frustration can go to the court and ask the man for the compensation for all lifelong. Imagine happy marriages turning sour with women and men from past relationships claim that they were married first because of the physical act they shared. For women of low earning capacities, cases of fraudulence to use such laws to their benefits to seek compensation are not rare. It's sad that laws that are made for women's safety are becoming threat to innocent men while the men who are really guilty of heinous crimes like rape are still on the loose with numbers increasing every day.

Talking about this one may get reminded of the recent case of Manoj Kumar's suicide due to the harassment by his wife and mother-in-law and threats of getting him jailed under a false 498A (dowry). After this event, Save Indian Family Foundation set up to address grievances of such victims and within about 3 months, more than 500 cases have been registered. Such pitiable is the state of men with the laws regarding dowry and domestic violence.
 


This new declaration which regards premarital sex as marriage has a lot more negative sides than the what the people are looking at right now and the less talked about subject of harassment of men is one of them. Noted Tamil writer Jayamohan called it is a conservative ruling, since it has taken into consideration only the sufferings of women and not men, especially at a time when premarital sex is very common among the economically independent. "The judgment is right in the sense that the object of all our laws is to protect the interest of the women," he said.

This law diminishes the strong bond of marriage that is much celebrated and respected in India to just a physical bond. It's detrimental for India which after declaration of this law remains stuck between the western influence that makes premarital sex no big deal and Indian laws that bind you with the person with the threads of matrimony. 
 
 

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, 8 July 2013

Section 498A Miss World Yukta Mookhey FIR against husband for domestic violence



Yukta Mookhey with Prince Tuli

 
Former Miss World and actor Yukta Mookhey has lodged an FIR against her husband Prince Tuli for alleged domestic violence, the police said on Friday.

"In her complaint, Mookhey alleged she had often been beaten up and troubled by her husband Prince Tuli. An FIR has been registered under Section 498A (cruelty and harassment) and Section 377 (unnatural sex) of Indian Penal Code after her complaint on Thursday," an officer at Amboli police station said.
 


Tuli is a New York-based businessman and financial consultant. The actress was medically examined after her complaint. No arrest has been made so far, the police said.

Earlier a number of non-cognisable offences were registered against Tuli at the police station after repeated complaints by Mookhey.

A non-cogniaable offence is one in which the police can neither register an FIR, investigate nor effect arrest without the express permission or direction from the court.

Mookhey was crowned Miss World in December 1999 at the Olympia Theatre in London at the age of 20. Later, she acted in a few Bollywood movies.

Tuli's family owns a business empire in Central India with interests in logistics, hotels, malls, education and construction equipment. 
 
 

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
 
 

section 498a Cops rapped for hasty arrest

NEW DELHI: Delhi Police's act of immediately arresting a man after the registration of an FIR in a domestic violence case has come under a trial court's scanner as cops had failed to follow the directions laid down by the Delhi high court.
 The court was referring to the Delhi Police commissioner's standing order, which said that no case under Section 498A (dowry) or 406 (criminal breach of trust) of IPC should be registered without his prior approval. The standing order was issued after the high court said the main accused should be arrested only after a thorough investigation.
 While granting interim bail to the man arrested immediately after the FIR was registered against him under Section 498A, the metropolitan magistrate said, "It is clear from the assertions of the investigating officer that the judgment of HC and the subsequent standing order of commissioner of police, Delhi, have not been duly complied by the concerned official before lodging of the FIR. So, the bail application of the accused is allowed and interim bail is confirmed."

The man's counsel, Prashant Mendiratta, submitted that his client was arrested by the police even when no permission had been taken from the DCP. He also said that the police had acted illegally and the FIR was registered without following the high court's order.

When the court issued a notice to the DCP seeking a reply on the matter, it was informed that "an explanation has been sought from the investigating officer in the case and necessary disciplinary action will be taken against them after receiving their replies".

The court granted interim bail to the man after going through the submissions of the police.

The judgment of HC and the subsequent standing order of the Delhi Police commissioner have not been complied with by the police officer before lodging the FIR, said the trial court. 
  

 


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, 2 July 2013

India s Notorious Section 498A: Infamous


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India's Notorious Section 498A: Infamous


It can almost be deemed a crime for women to abuse Indian men with the infamous 498A Penal Code in India.The origin of the this section?makes it criminal for a husband and his relatives to subject a married woman to cruelty, generally leading to events of suicide or grave physical, mental injury to the women
The problems with the law were the result of a �perfect storm� that was entirely unanticipated when the law was introduced to protect woman in 1983. The elements of the storm included:
- Extremely vague statutory language.
- A separate law that prohibited the provision or acceptance of a dowry.
- A custom giving a bride dowry upon marriage has been difficult to eradicate.
- A law that may only be used by women against men.
- A provision that extends criminality to the husband�s allegedly-participating relatives.
- A police force that is notoriously corrupt.
- A law that in the past allowed for the immediate arrest of the husband and members of his family by the police on the basis of a woman's complaint.
- A provision that the offense was non-bailable.
- A domestic relations procedure that is extremely cumbersome and in many ways unworkable.
- The U.S State Department has warned Americans that: �Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes.�
- Ms. Desai, is a divorce attorney in Orange County, California specializing in working with men who find themselves in a 498a situation. For more information Call :(855)-WHY-498A

Tuesday, 26 February 2013

what-is-498a

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

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498a | what is 498a? | ipc 498a | 498a ipc | section 498a | 498a attorney | 498a lawyer
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 IPC 498a Expert Indian Attorney Swati Desai

Hire A Lawyer With Expertise In IPC 498a

If you are facing a 498a threat or action in India and you reside in the United States, you need a lawyer who understands how to alleviate the threat or exposure. Seeking legal advice from a lawyer based in the U.S. is an important step in protecting your interests. My clients benefit from this insider knowledge and a practical, creative approach to their case.

Facing a 498a threat or action is a terrible experience. Whether I intervene prior to the filing of a 498a action or after a 498a action is filed, it is imperative that you seek legal advice immediately.

If you are like most people facing a 498a issue, you are frightened by the process that lies ahead of you. You are deeply concerned not only about your freedom, but your reputation, job, and the financial consequences. I understand that you have everything at stake. Call “1855-WHY-498a” today to schedule an appointment where we can provide you with strategic planning to minimize your exposure to 498a.

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