(Guest)

Laws not so biased- remedy to false 498A

LAWS ARE NOT SO BIASED,

THERE IS REMEDY TO FALSE 498A TOO(everyone knows 95% in metros are fake),real victims( 5% ) never get justice. IF A LADY FILES FALSE 498A , MEN CAN SUE HER FOR FILING FALSE CASES

IPC 211 and 511 (Eleven In BOTH the cases)

211 :- is applicable (when a false 498a case is going on i.e. UNDER TRIAL)-(Imp : SAME COURT AND SAME MEGISTRATE CAN TAKE CONGNIZANCE- NOT EVEN HC/SC).

The Result of husband filing 211 : If the husband side is convicted then husband side GOES TO JAIL (Convicted) – (husband side NOT loosing anything here as they are already accused), if husband side is NOT CONVICTED (Acquitted) then the WIFE SIDE GOES TO JAIL… (3 CHEERS FOR FALSE VICTIMS). HERE IS THE POINT.

IPC 511 : Illustration : If a pocket picker puts his hand in the pocket of a person (EXPECTING SOME MONEY) and after putting HIS HAND HE FINDS NO MONEY INSIDE, THAT MEANS HE HAS DONE A CRIME OF “POCKET PICKING”….

Similiarly : If the wife files a false 498a complaint against the husband and the family (thinking that they will pay her xx Lakhs !) , AND AFTER FILING SHE COMES TO KNOW THAT ‘NOTHING’ (No money) is there in the pocket the SHE HAS DONE THE CRIME OF ‘BLACKMAILING’…)

Best of All : 511 IS APPLICALBLE FOR BOTH THE GENDERS….

I put in more simple scenerio : If a wife, files a false complaint KNOWINGY, that husband will SURRENDER TO HER DEMANDS (after false 498a), BUT AFTER FILING ITv (a false dowry case), SHE COMES TO KNOW THAT HUSBAND DOESNT HAVE ANYTHING TO PAY (Pocket EMPTY !!!!) THAT MEANS, THE WIFE HAS DONE THE CRIME OF BLACKMAILING (506).

so victims bhajan mandli can cheer up and bring fake ones to justice.

also u can use following according to situation

IPC 177– Furnishing false information.

IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person

IPC 191– Giving false evidence

IPC 193– Punishment for false evidence

IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence.

IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

IPC 199– False statement made in declaration which is by law receivable as evidence.

IPC 200– Using as true such declaration knowing it to be false.

IPC 211– False charge of offence made with intent to injure

IPC 361– Kidnapping from lawful guardianship.

IPC 362– Abduction.

IPC 363– Punishment for kidnapping.

IPC 378– Theft

IPC 379– Punishment for theft

IPC 380– Theft in dwelling house, etc

IPC 405– Criminal breach of trust

IPC 406– Punishment for criminal breach of trust

IPC 415– Cheating.

IPC 417– Punishment for cheating.

IPC 499– Defamation.

IPC 500– Punishment for defamation.

IPC 503– Criminal intimidation.

IPC 504– Intentional insult with intent to provoke breach of the peace.

IPC 506– Punishment for criminal intimidation.

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26 Replies

(Guest)

only thing important is there should be a will to fight falsehood as these cases run very long.

2 Like

Arup (UNEMPLOYED) 15 September 2010

right. thanks.

Arup (UNEMPLOYED) 15 September 2010

Though 498a is biased but legal remedy also available under ipc, as described by ms kaur.

This will help the victims of false 498a.

CommonMann (Software Professional) 15 September 2010

Thanks Avinash for putting this up in this forum. This will really help victims of 498a who are falsely implicated. Avinash, I just want to know what is the minimum timeframe in which judgement should come in case of false 498a and the ipc sections mentioned above by you in this thread.

Muralidhar Mysore (Retired) 15 September 2010

Helo, I congratulate you on that wonderful piece of information that "Laws are not biased". This really gives us mental strength to face this untruthful world and particularly the peopole who are constantly misusing and harassing the innocent I hope you have some time to look at this typical case where innocents are being harassed by use of DV Act by an unscruplus daughter in law. I would request you to respond to this, guide us and give us much required confidence fight out this evil. 1. The lonely house built by the father entirely by his self earned money has been gifted to his first daugter in 2007and the Khata has been transfered to her name and she is in lawful possession of that house. The father has personally made a statement to this effect in a conciliation meeting held at Woman commission between the daughter in law and father in law a/w his visually handicaped son. The woman commission concluded this conciliation by asking the daugher in law to approach the court as it can not arrive at any conclusion in women commission. It is important to know that the daughter in law deserted her visually handicapped husband 13 years ago. 2.The visually handicapped husband was decently employed at the time of the marriage and was living with his parents. His wife (now in ref) deserted him just 6 months after marriage. Due to his bad health, he lost his job due to medical termination. Since then he lived with his father with his meagre pension. Both father and son lived with his sister (in the house gifted to sister). In end 2009, he lost his father also. Now he is at the mercy of his sister, who is really looking after him well being the elder brother, deserted by wife. 3. The daughter in law has filed a case under DV Act, totally concocted, with no FIR, No Incident saying that she lived in that house during the time her father in law was not well and after his death, she has been thorown out of that house. Court sent us a notice to us. The case is in progress and we have sent our suitable reply with documentary evidence. In the meantime, she has been pressing the judge for interim order to allow her to live in the gifted house. This has already been totally opposed by our advocate saying that she has no legal right and if she wants, if her husband is willing, she can take him alongwith her. Can judge allow her to live in that house, if so, what precationary steps should we take. Please also help us what further action can we take in this case. In our reply we have prayed for the dismissional of this false case with exemplary costs. Will law always support a woman, even when she is wrong? We would be very grateful to you, if you could kindly throw some light into this and guide us suitably. Looking forward to your kind reply, Sincerely, Muralidhar

Muralidhar Mysore (Retired) 15 September 2010

Avnish, I highly appreciate you for that comment. The gender is not important but the truth is important. In the case I have narrated under DV ACt. Literally, the daughter in law taken the life of the mother in law, father in law, husbands livlihood and his health finally. she has brought him to a big zero. The only thing that remains in him is his life. Which she is trying to take away. Both the inlaws were worried about their blind son and worried about his life after thier death. He is scared of his wife and never wants to go with her. Can he be forced to go with her? what is the remedy for this. Please enlighten us.

(Guest)

protection order in that house cannot be given if she never lived there.

is he blind?

contact a goog , honest lawyer of your area. u will win , may have to go to HC as trial court dv judges many times dont understand the dv act fully.

1 Like

Sreenivas V (S/W) 15 September 2010

Thank you Avinash for good information. Can I put this case in another place other than where 498A case is going on. The reason is my 498A case is 500 kms away from where I live. All the years I had the problem travelling that far from where I was working. By putting these cases where I work atleast I can trouble them travelling for the case 500 kms atleast everytime for court.

Muralidhar Mysore (Retired) 17 September 2010

Avnishji,

Thanks for your kind reply and for the valuable suggestions. Yes he is blind. She deserted him 13 years back, just one year after the marriage and has never stepped in that house. It is no more her matrimonial house as it has been gifted away by her father-in-law (absolutely self earned) to his elder daughter and it has properly registered, transferred and in total possession of the house. He died in end December 2010.

Her husband has no avocation and shelter, but for his younger sister taking care of him in her legally owned house, he would be in the streets. He fears his wife as she has harassed him enough all these 13 years. Now she has made an application saying that she wants to live in the house where husband lives, until a final order is given by the court.

It has been already indicated by our advocate to the judge that she has no legal right in that house and let her go to civil court if she has any objection on this. Out of respect for the judge, unwillingly we have just agreed to meet for the name sake for the conciliation on 23.9.2010. What should we say in the conciliation.

How do we proceed with this further Avnishji, we are worried whether the judge would force upon on any order.

Please help us to find a permanent solution.

Thanks and regards,

Mrs.Chandraprabha Muralidhar