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?

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.

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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

Wednesday, 24 July 2013

complaints under IPC Section 498A

Anita (name changed) recently walked into the all-women Halasuru Gate police station around 2.30 pm, upset. She had come to the same police station 15 days ago, asking the police to register a complaint against her husband for harassing her.

The women police personnel gave her a hearing, called her husband, counselled both of them and sent her back. But that did not solve Anita’s problem and she landed at the station again with her complaint.
Cases like Anita’s are dime a dozen in the city. Reeling under severe resource crunch, the women’s police stations (WPS) at Thyagaraja Nagar and Halasuru Gate have mostly turned into mere counselling centres.
With nearly 46 per cent of the posts lying vacant, the women personnel at these stations dabble with multiple roles working between 8 am and 8 pm.
“We don’t have a choice, as one person has to do the work that requires four people,” a staffer said.
For example, Assistant Sub-Inspector S T Shamala Devi of the Halasuru Gate station is a cop-cumcounsellor.

She also has to occasionally handle computer work and hear out complainants for 3-4 hours a day.
“We have 24 sanctioned posts for women police constables, but only 18 are filled. Five of the six posts of head constable are vacant. We don’t have enough computer operators. And, we also get deployed on special duty every now and then,” she said.
An average of 10 complainants walk into each of these stations every day, of whom nine are usually women.
“We try our best to counsel the complainants and the other parties involved to reach a compromise and try to avoid registering complaints as it is a time-consuming process,” said a woman cop at Basavanagudi police station.
The Halasuru Gate women’s station, set up in 1994, was the first of its kind in Karnataka. The Basavanagudi and Thyagarajanagar women’s police stations came up almost a decade later. When Express visited these stations, the situation was chaotic. There was a horde of women with complaints under IPC Section 498A (cruelty perpetrated on a woman by her husband or his relative). Occasional complaints are under Section 304A for dowry harassment.

Basavangudi women’s police station has no inspector to head it though its jurisdiction extends across the 45 general police stations under the south, south-east and west divisions. Sub-inspector P V Renuka is managing the station that has a staff strength of 15 against the sanctioned 33 posts. Only 31 criminal cases have been booked since January. The sole male Assistant SI of the station is a month away from retirement.
The Halasuru Gate women’s police station, which receives referrals from a wide geographical area, covers 60-odd stations.

Zarina Begum, a social worker, has been running around K R Puram police station for months regarding a dowry harassment case. “When we go to register a complaint in a regular police station, they refuse to handle these type of cases and ask us to visit the women’s police station,” she said.
Police Commissioner Raghavendra H Auradkar admitted that vacancies in the women’s police stations is a long-standing issue. These stations are necessary as they are the only ones equipped with to deal with dowry harassment and domestic cruelty, he said, but felt the burden should be reduced by allowing other stations to handle such cases.

“Many women complainants hesitate to go to these stations. The vacancies need to be filled, but we are looking at over 2,500 vacancies Recruitments are frozen now because of the vacancies in the Hyderabad-Karnataka region. We will address it after that,” he told Express.

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

498a Sections 498A dowry case update

GURGAON: Five days after the body of Geetanjali Garg, wife of Gurgaon chief judicial magistrate Ravneet Garg, was found in a park, police have recovered shells of two of the three bullets which pierced through her body.

Gurgaon police commissioner Alok Mittal on Monday said, "Two of the bullets which had hit Geetanjali were recovered from the scene of crime. On Monday, the SIT questioned K K Garg, father of Ravneet Garg."

Meanwhile, in its supplementary complaint, Geetanjali's family has alleged that her in-laws used to "torture her for dowry". But despite the supplementary complaint, Gurgaon police have so far not added any new section of IPC against the accused.
"At present the FIR includes only Section 302 (murder) and Section 34 (acts done by several persons in furtherance of common intention). As per the supplementary complaint, if dowry related Sections 498a 498A (husband or relative of husband of a woman subjecting her to cruelty) and 304B (dowry death) are included the case will become much stronger. I don't know why it is not being done," said a mid-level police officer on condition of anonymity.
But senior police officers had a different take on the subject. When asked, Mittal said, "We shall also call the family of the deceased with supporting evidence of all the charges. We have taken the supplementary statement on record. "We are asking for call detail reports of Geetanjali's mobile phone. We are seeking for the report of ballistic experts."

SIT head ACP Ashok Bakshi grilled the CJM and his family members on Saturday and Sunday. Bakshi said the probe is moving in right direction and there would some breakthrough.
One of the investigators told TOI that the scene of crime might have been tampered with. "There are no blood stains on the spot. Even though two bullets have been found, it seems that there is more to the story than meets the eye," he said. However, top cops refused to comment on the issue.

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

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?

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, 11 July 2013

498a effects on Indian men New marriage

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?

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, 8 July 2013

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

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?

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

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?

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, 2 July 2013

India s Notorious Section 498A: Infamous

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

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