Unmarried Guys Be conscious who are going to be tied through Matrimonial sites and looking for spouses living in different states Sometimes it makes me reasonable to think about the widespread of misuse of laws i.e. 498-A/406, Domestic Violence, 125 CrPC, Divorce cases and other laws which are made for the protection of women. How IT/Techno savvy, NRI get trapped with misuse of laws. If women wants to misuse the laws surely it will not only the spoiled the life of Married men but also the relatives of the husband who could be unmarried sister, brother, mother in law, father in law of married man who in majority of cases has no concern in matrimonial life of the married couple and differences arises due to change of their temperaments. Big celebrities, Films stars, cricketers used to get their out of the settlement but middle class are the worst suffers as the desired and claimed of the married woman and their parents are very much unlimited I have heard the grievances of the married man on FB in some cases such differences arises immediately after 10-15 days of marriage. The opposite parties who are looking for spouses having 5-g figure salary, own houses, car etc are the worst victims and “every thing was planned” prior to marriage..The men family in most cases is unaware of the intentions of the bride family as their only goal is to make the bride adjusted in their family but this donot happen in majority of cases. The bride only act as per the whims of their parents and now a days there is trend to file the fake M.L.R. by bribing to the some of the staff at hospitals( India TV report available on YouTube) Nature of problem which the married man and his family face Suppose if man is from Delhi area married to the woman hails from Hyderabad..She prefer to file the complaint at her native place Hyderabad/Telangana and the Telanagana police refer the matter to the Crime against women cell 9CAW) who will issue notices to the married man and his family to attend the conciliatory proceedings. They pressurized the men and his family to fulfill the demands and to sign the undertaking. If god forbids men sign the undertaking it will act as dynamite to the men family as the girl family started blackmailing the men family to implicate in false cases. If the conciliatory mechanism fails the CAW refer to the Police who will register the case under 498-A/406 which is noncompundable and cognizable.(Means after this girl cannot withdraw the complaint and the police has the power to arrest the boy family at first instance).Since IPC and state are in concurrent list the centre Ministry cannot do anything as state frames their own rules Delhi High court has issued directions that 498-A/406 is often misused and Delhi Police has issued circulars 330/2008,07/2008 and other in which arrest has not been made in routine manner but in states it acts as landmines to extort money from groom’s family( observed through state DGP memo). Anticipatory Bail: There is provision of getting bail from session court if police files the FIR under section 498-A/406..The Anticipatory bail is granted in condition that in event of arrest the police shall release on bail and such harassment can be curbed to some extent as police advocates for custodial interrogation..Now days the A.B can be granted to all accused but it is solely in the discretion of session judge( as discretion of judge varies) . Some states such as U.P donot have the anticipatory bail in that case one has to approach to the Allahabad/Luck now H.C for stay on proceedings with interim relief or may approach to the JMIC court after court arrest and bail(Its risky procedure) Drawback of A.B is that the accused/Boy family has to apply there in that SESSION court where the Girl files the FIR and the A.B is also for the limited duration which courts has been following arbitrarily despite of observation made by the SCI in S.mehtre vs state of Maharstara case After getting the A.B the boy family has to join the investigation where again police arrest the family of boy/man ( Technical arrest) and released on bail with surety of amount fixed. In some cases police harassed the boy’s family by calling them many times during the investigation and the family members who are living in distant places faces this harassment Regular bail: After Joining Investigation the next step of the married man is to go for regular bail within time fixed in Anticipatory bail order ( 1-2 month).The Police counsel and complainant family opposed the bail applications on ground that all the dowry articles has not been recovered( if boy family has given in CAW or joining investigation) .Again in the discretion of the JMIC to give regular bail or not. The boy family has to face another harassment if the regular bail is denied then they have to approach to the session court Bail proceedings are not the recovery proceedings but again its is in the discretion of judge to consider or not but we can expect from the appellate bodies For getting regular bail the accused family has to made court arrest with sureties of same amount which may be in form of movable property or by way of cash amount Charge sheet: After completion of investigation , the police files the charge sheet and usually at the place of the girls residence and in 99% cases the charge sheet is not transferred to place where the alleged assault or dowry has been demanded from bride and boy’s family again has to attend the regular proceedings and on if any date the accused boy family missed the hearing date the Non bailable warrant will be issued and surety will be forfeited. The best thing is to go cancellation of NBW and restoration of surites.The Boy old parents if apply for exemption of personal appearance u/s 205 CrPC the greedy bride again opposed the application on their grounds Now Girl family realized that the war is now balanced they now put pressure on boy family by filing 125 CrPC and Domestic Violence case and claim monthly maintenance and other reliefs. It’s being drawback to marry the girl of other state despite of working she used to conceal her occupation and claimed high maintenance. If the girl is an educated and able to maintain herself maintenance cannot be awarded so one should be having the educational qualifications, professional registrations certifications by filing replies in court. Again drawback is that the girl files the case of maintenance at her native place and boy has to oppose the case at her native place and same thing happen in Domestic Violence case If the boy wants to give divorce at his residence , the bride family used to move to SCI and filed the transfer petition and court only listen women and transfers the petition without hearing the men version. Fixation of charges: Some courts in some states fixes the charges without arguments and tried the accused for offences while some prefer for arguments and there after the trial commence and one can raise the issue of territorial jurisdiction at the time of framing the charges under 177-179 of Croc Delhi courts hearing dates are not frequent and so trail here could run in years but the married woman prefer for trial at her native place. One used to get acquitted after lengthy trail and if by chance one get convicted under 498-A the appeal lies to the session court and Trail court itself grants bail if the accused prefer an appeal in session court at the time of pronouncement of order as the the sentence of 498-A is less than 3 years Remedies in H.C/SCI There is remedy available under 482 CrPC and then 136 Article of constitution for quashing of proceedings but I could not locate the judgments which are there less than 2% and I cannot say that only 2% get relief there. As I filed the RTI and I was informed that there are as many as more than 450 cases were pending there at one point of time and I cannot say that all of the case are fake as I could see the relief in SCI in only very limited cases such as Preeti Gupta Vs State of Jharkhand case in 2008 and in Geeta Merhotra versus State of U.P in 2012 Courts View: In sushil Kumar case the court says that dowry law as legal terrorism but dismissed the petition of sushil kumar who has challenged the constitutional validity of the act and in preeti gupta case the SCI has directed the copies of the judgment to the Law ministry and law commission under 243 was formed where the large number of judicial officers have advocated that 498-A to made boilable but was ignored by the commission in the view of dowry deaths which has been escalating Centre View Ministry of Home affairs has stated that they have already send 2 advisories to the state Government for effective implementation and stopped misuse of 498-A case and centre is not bound to accept the recommendations of law commission report but the view of the state Governments is waited..I myself have filed 4-5 RTI to state chief secretaries ( Karnataka,U.P, Andhra Pradesh.Haryana,and M.P) and urged Members of forum to file it to their state governments so that same also been informed to the centre Government Conclusion: Never married to such partners who are residing in distant places whose whereabouts are not know Never rely on internet, matrimonial sites, and print media Enquire the whereabouts of the family from the society where it is living, work place Never exaggerate your assets to the opposite side Never take gifts, cheques, dowry articles and signed any documents If dowry is forcibly given inform to the prohibition officer of the area Boy should not be live in Joint family after marriage and detach oneself immediately is suspicion of being implicated These are just defensive strategies however prevention is always better than cure
Posted on: Tue, 18 Mar 2014 14:19:53 +0000
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