injusticeisshametosociety 12 April 2015

498a special priviilage to women

My brother marriage was taken place in 2011. Within one month, the girl was acting suspiciously. She will not come home for days and days. There was no relation, because girl always excused of having some female problem . She wouldn’t tell anybody what was the problem though. Neither her family tell nor come to our house to discuss the matter. Every time my brother used to go bring her back, they behaved rude and insulted towards him. They kept playing this game for 3 months and one day her father demanded either give them 7 lakh and get a consent divorce or my brother will be trapped in court case forever. Hardly 25 people attended the wedding in a small hotel. In the police girl family complained they spent 10 lakh on the wedding and gifts. After 3 months, the girl family filed a case against my brother and mother for section 125, domestic violence and 498a. My family got anticipatory bail. Women cell treated my brother like a criminal. They forced him to write that he abused the girl and demanded dowry. They would waste all his day and harassed him. He was working in a store and lost his job due to absent from work attending court dates . Court sanctioned him to pay Rs. 10,000 for maintance every month to the girl. My brother has no job, living with my old sick mother on her pension . My brother showed all the income proof and presently no source of income but court didn’t give him any relief. My brother didn’t have money to appeal in the higher court, he appealed in the lower court. In the mean time he has applied for the divorce. Its been 3 plus years, he is been mentally harassed , depressed and not able to hold a job. His lawyers has told him, in case of no money given to the girl for maintence means he has to go to Jail. My brother has decided not to pay single penny and ready to go to the prison. Can court send the unemployed person with no property or saving on his name to the prison. What options do we have and what is prison procedure and for how long? I appreciate your time and guidance. God bless.

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2 Replies

Nitin (Law) 12 April 2015

What i read from your query is there is gross injustice done against your brother and your old mother and we all know Indian law gives special privilege to women and the sad part is none of these men come out in public and fight against the injustice.

You brother should do a hunger strike or anything else to get the maximum possible media attention especially in front of foreign media like CNN or BBC and open the eyes of public.Writing blogs or sitting home crying will not solve the problem,its time for media attention for this and if the foreign media get into this then its sure this will be hot news for all Indian media and the world will know the truth of 498a.

Rahul Dhingra (AM) 12 April 2015

Dear friend take help from save indian family foundation. Also advise is wife is educated, if yes then use lots of judgment by justice Dhingra and latest judgments which shown that if a women is educated and not doing job is not allow to get maintain ce