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?

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.

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?

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.

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

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
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What is 498a?

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.

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

Is section 498a giving women more power now in the marriage? Have they been given more control?

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?

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

Saturday, 27 July 2013

498a 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?

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.

Contact Information

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

Thursday, 25 July 2013

Now 498a helpline for harassed men

KOZHIKODE: A legal aid centre formed by victims of dowry law (IPC498A) and other anti-men laws is launching a helpline for clients. The JanamithramJanakeeyaNeethiVedi, launched three years ago, promises that the service will be available round the clock from August 11.
The facility, offering legal aid and steps to tackle fabricated cases, will be launched in Malayalam in the first phase. The helpline numbers will be Phone: (855)-WHY-498A

Vedi president M A Ibrahim Ravuthar said the increasing instances of misuse of laws, anti-men directives of family courts and the new amendment to Hindu Marriage Act had forced the 5,000-member-strong organization to launch the helpline. "The number of educated women misusing IPC section 498A to harass their husbands and other relatives is on the rise. We are looking to help such people," he said.
The genuineness of cases will be verified with the help of organization members in the respective districts. Legal aid to face fabricated cases will be provided to only those whose claims are found to be genuine in the verification process.

"The organization will also seek to work like mediators for the speedy disposal of cases. We have already contacted similar organisations in other states to work together. The helpline can benefit even those who don't know whom to approach for help,'' Ravuthur said.
"We will also provide legal aid with the help of police and state legal services authority,'' he added.

What is 498a?

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.

Contact Information

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