Do Indian courts consider Triya Charitra while taking action under 498a?
Do Indian courts consider Triya Charitra while taking action under 498a?
Sanjeev (Lawyer) 28 October 2011
Triya Charitra or female character isnt looked at while taking action in 498A. This section just say about cruelty inflicted by husband or family on wife it dont require to check the character of wife and neither would be required in future.
Why you use such typical Hindi words that would first require a google search to search its meaning before replying
In a very interesting case where a woman filed 498a the court was very kind to the married woman about to become a divorcee. However suddenly when the hubby was in jail she moved the High Court alleging that the lower court judge wanted to enjoy her and forced her to send the husband to jail for taming him while she was against the jail stuff. So this is Triya Charitra. She blackmailed the Judge[Came in newspapers]. She reconciliated with the hubby and both started the business of blackmailing others and made a lot of money.
cm jain sir (ccc) 28 October 2011
when the hubby was in jail she moved the High Court alleging that the lower court judge wanted to enjoy her and forced her to send the husband to jail for taming him while she was against the jail stuff.
Tajobsindia (Senior Partner ) 29 October 2011
“Triya charitram, Purushasya bhagyam, Devo Na Janati, Kuto Manushya…
(Where are these lines from? Manusmriti?)
Translates to – ‘A metro woman’s character and a man’s destiny even gods can’t gauge… [basically a metro women are unpredictable and irrational; it is not The Verdit so don’t pause………]
And a man’s character and a metro woman’s destiny are easily understood? This forum speaks volume about both gender so I leave that to your fhisala hua imagination J
@ Author Your folder reminds me of Domestic POK's situation Indian Men get into the d-day they get married to a metro female
Well it is elementry; Terrorism promotes fear, and Terrorism cannot be justified as a Fight for the downtrodden. I remember Gandhiji telling his freedom fighter brothers that we are not fighting for Punishing anyone, we are fighting for a CHANGE.
On the other hand Terrorism is caused by empowering one person who justifies the atrocities by committing the same on innocents. On the similar lines Pakistan officially supports the terrorists by calling it Jaanbaz Jihadi’s freedom struggle and its pressure on pressurizing India brought about Pakistan Occupied Kashmir a.k.a PoK where the activities of terrorism against India are conceived and born.
Similarly the Indian Law and its Makers have bought about a domestic level terrorist, as the so called politically correct pressure of pressurizing a Male has bought about a PoK in every Indian home where the legal terrorist weapons against the Indian husband are executed. A potential domestic terror threat to an Indian Male is supported by PAK, I mean Parliamentarians, Administration; Advocates and Kanoon; Kotwals etc. and what are these domestic POK’s all about? Lets see…
POK – Patni Occupied Kamai / Kharcha
Once the dispute starts (n number of reasons that are silly), the wife or patni rapes Husband through his Pockets and false cases. The working women manages to lie to the court and get the Alimony / Maintenance in her favor. Uses the same money to file more litigation against the Innocent Husband and his family. Under same laws but different courts e.g. Family courts and Magistrate courts and thus derive benefit and pleasure of harassing.
POK – Patni Occupied Kamra / Kholi
This domestic terror rips the family apart as the suicide bomber patni comes home and occupies the Kamra (Room) or Kholi (entire house) and drives away the hubby family as per courts orders. The most loosely drafted law as per the Rare Sensible Judges in the Indian Courts have made this possible.
Nazar Lagi Raja Tore Bangle Parr - Wife's Equal Share in Hubby's Assets
Maharashtra, Arguably the Feminist Capital of the country in Implementing Laws, soon may be Bombarded with one extremely biased anti-husband Law. An overboard Feminist View is about to set in. Once Again talks of Wife's Rights, NOT Responsibilities. Apparently looks legally Dictatorial and would leave Wife fully Empowered like the British and leaving the Indian Husband "Helpless" like a wounded Kashmiri Pundit Out of his own land or more like a P O K - Patni Occupied Kamra / Kholi.
There are so many loop holes in this Idea of Empowering Wife.
First there is no clarity of period of marriage.
- Can a wife claim property the next day of marriage?
- Can a wife of one year while divorcing, with no kids and limited joint stay claim half of assets of husband?
- What about a Daughter who has been dumped by her brothers and father, will she have to get married, dupe a man and only then she would get property or will she be able to claim her fathers property equally strongly?
- What about a lady who will marry 2-3 times not find things compatible and every time divorce her hubby with 50% of her assets? (there are cases of short lived multiple marriages of women)
- There are marriage where union of husband and wife has been as short as 1 year and few months and separation of 5-6 years and more. In such cases how can one claim that marriage has been long and wife should get her due share.
Its all so bizzare as of now. Only one thing is clear, the father can "dump the daughter" by getting her married, by lying to the groom. And later if the girl has to get divorced, the father is not Concerned. But husband has to bear the brutal consequences in form of a Lagaan. That is share in his property and assets "one way". Like telling Nazar Laagi Raja Tore Bangale Par.
I will wait till I get the Humiliating Draft of the Bill but 2 headlines in TOI has spolied my Diwali once again like every year. One headline bombed on Tuesday and the other on Thursday. Here are the news details. They discreetly introduce such bills or call for meeting to discuss on strategic days so that most men are purposefully kept busy elsewhere (you getting me na). (This meeting was on 25th Nov, Tuesday on Dhanteras.)
The Link for the TOI news Item.
https://articles.timesofindia.indiatimes.com/2011-10-20/mumbai/30302509_1_property-rights-rights-advocate-ownership-rights
And here is link of amachi desi Cinderella news posting in case readers still have not taken their rainbow glasses off reading some of the gahrey chintan magan ki likhi hui posts yaha par J
https://www.lawyersclubindia.com/forum/India-lags-behind-the-west-in-matrimonial-property-rights-45670.asp
POK – Patni Occupied Kids
The father becomes a 48 hrs visitor in 365 days of the child as the courts cannot grant more time for the kid with the deserted father. The poisoned mind of the kid later is not able to connect to the father due to absence of bonding. A daughter is kept further away, as a couple of rare cases are cited to conclude father as a potential rapist as if he was nto gay enough all these times when cases were on floor of some Court !. Where as the observation goes that a father daughter bond is as special as a mother and son.
POK – Patni Occupied Kanoon
Everywhere lazy and helpless authorities fix the blame to the scriptt of law. Nobody has ever spoken of fixing the problem, NDA recommended Malimath who exposed the misuse to a great extent but the Govt was overpowered. Ms. Nanda nodded to the misuse and NCW ripped her from her post. Pratibhatai introduced S. 41 (a) CrPC amendment in police arrest procedure but lawyer brothers went on strike as debugging this was a hit on the business of these brothers. So the winner is Patni. Losers are Women (Mothers and Sisters of Hubby) Husband, his siblings, his father and other relatives and even some of his friends (arey bhai apun ki g/f ki baat nahi kar raha hu yaha who to aise bhi SC ne maaf kar diya tha 2 yrs. back ki who kutch nahi hai teri saadi shuda jindagi mai aaz sey jo chali ayi S. 498a case dalaney usspey bhi……..remember that case J .
POK – Patni Occupied Kimti Waqt
A husband loses his peak time of life (kimti waqt – precious time) as nothing supports him due to the perpetuated natural burden of being a male is laid upon him. So he is at the mercy of the wife and cases where peak time and earning and potential productive planning is lost in unproductive justifications and fines in name of Alimony, Maintenance, Court Cases and negotiations, fighting fears of False cases of DV, 498a, 406, crpc125 etc. The time lost is anywhere from 2 yrs to 6,7,8 and on and on. Worst are the cases where the hubby is in a forever pre-explosion stage, stranded for years and promised an amicable action by estranged wife every next week – forever - endlessly.
POK – Patni Occupied Khwab
Khwab – Dreams ha Alibaba ka dream, yes all these are bound to give you sleepless nights and if at all you are blessed with sleep then you may get nightmares.
What do we do?
Keep fighting back. Keep supporting each other. Bring about the change. And stand firm. Keep fighting from a civil Disobedience to awareness to common man and media; from shaking up the pretentious sleepers to Debugging, towards a society of real equality, real empowerment and co-existance.
In to that Heaven of Freedom, My faithful followers, let my Country Men Awake and fight tooth and nail GENDER BIASED POKs’’’’’’’’’ .
Oops WISHING PRUDENT READERS HAPPY WEEKEND
Credits: Jinesh
@ Tojobsindia: Basically you mean the Men propse under HMS and Women dispose them off under 498a LOL!
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