In past four years significant things have been changed in my life. One of the important notations which has been changed in my life, is the meaning of the word "woman". Start of this change happened with 498a case, it has been a decade now and it's not coming to an end; thanks to Indian Supercops, Indiana Jones Judges and rhetoric unresponsive system. I have observed that woman in legal cases always have upper hand and judges would love to favor them like anything! I've gone through many legal cases on false 498a, defamation, adultery and perjury and in all these cases, culprit woman is always being secured by our judicial system.
Even in case of adultery, Supreme Court is at no-par of saying that woman can't be prosecuted against adultery. My questions to respected lawyers and other judicial committee member of this forum that why so much freedom has been given to woman. This is only leading to lie, deceit and betray to some male counterpart?
I would take an example of my legal DV case. In the month of June'2013, court had ordered me and my estranged wife to submit the evidences as per "Puneet Kaur vs Inderjit Singh Sawhney". It had been very well said by Metropolitan Magistrate that any false evidence in the court is liable for 7 years of imprisonment. A clear order had been given to both of us. I'd submitted my documents along with evidences as per court order but when it came to my estranged wife, she had submitted documents after three hearings and that's also without having any evidences! No evidence was submitted until judge "requested" her to submit those documents. My lawyer keep insisting to show us proper evidences of the filed documents upon which she has only given half of the evidences. Meanwhile, I did my homework and showed the court that she is hiding her bank and perks related information which is guiding factor for interim maintenance. Upon filing application for section 340, Judge had fumbled my DV case and started leading the other cases (498), which was dead for almost one year...! In no time, Judge started pressing the other cases in other direction and occasionally hinted my estranged wife to press more charges by asking questions (i.e. have you filed separate case under section 125).
In 498a case, Investigation officer reported that my father and mother should NOT be inquiried as charges against them are generic in nature and no evidences have been filed by petitioner. Judge had asked investigation officer to change the statement in the charge sheet and put them under section # 11 from section #12. I was so much surprised to see such biased nature of MM. When Investigation Officer (IO) has no evidences and complaint is so much generic in nature, how come a judge can favor petitioner on such cases. Believe me, this is not just one odd story but it's with most of family court cases.
I never understand, how come a "Judge" can call a petitioner "bacha" and show her a soft corner when both the parties should be treated equally. I have a feeling now that one day judge would order an red-carpet for her so that she does not have any problem in coming to court.
I feel this is high time when we should outsource our law and order to some developed country. I am pretty much done with Indian Law and Order; It's stinking so badly. People has lost their sense of doing their job right. No offence to anyone but it's regretful for me..!
Mango