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sanjeev pawar (service)     17 May 2012

What problems does woman go through after 498a?

dear members,

after filing 498a against husband, as per my knowledge the woman has to prove her points  in court. hwever in case where she does not have any proof, how does she goes about proving the allegations levelled against the husband?

doesnt she make her own life miserable just trying to drive home a point that she is a 'ABLA NAARI'

what are the disadvantages to a woman when she files a 498 or a DV or some bullsh*t act against the husband?

as we all know about the advantages to a woman. members please elaborate, as all men here in this forum would definitely like to here about this. i hope all agree....



Learning

 3 Replies

Deepak Nair (lawyer)     17 May 2012

In most of the cases filed by wives under sec.498a, the accused are acquitted for lack of evidence. Because most of the allegations are false and made with the intention only to harass the accused person.

Even though the accused are acquitted, they have to undergo rigorous harassment, agony etc as they get arrested immediately after the complaint is made and they have to get bail etc.

The wife and her family gets nothing out of such complaints. 498a gives only loss to both the complainant and the accused.

The main issue to be noted is that the relation betwen husband and wife breaks beyond repair once such an action is taken by the wife and there is no chance of a reunion.

Tajobsindia (Senior Partner )     17 May 2012

@ DLF..


See when STATE is not able to prove she cannot do anything about it. Infact Court
acquits husband and or all arrayed persons. Simple answer to your query is that no further melodramas needed to know such simple statistical answer unless the intention is to crucify one species of spouse time and time again on expenses of weak STATE.


Also note for some compulsions and hasty decisions if a woman files a complaint and is not able to prove via STATE her case then one shall not generalize and put every complainant women on same Bar. There are rare exceptions too but it remains clouded and in my opinion your query is better off in social discussion portals than legal forums as what disadvantage STATE may ever face when not able to prove her complaint other than return home of hard truth of tough evidentiary Laws where “proof beyond reasonable doubt” is the call of the day where STATE was not able to prove her complaint case, simple and straight answer and end of all discussions is the home truth.


We understand today spouse of either gender are in-tolerant and one spouse uses STATE sponsored law which is given to her on silver plate and other spouse is simply sitting duck because of his chivalrous acts prior to his marriage days and when married off then cry loud after being hit by the same STATE sponsored laws against which he never protested during making of the same Law because he was a stag then.


Now if you cry after marriage then I doubt such after cries will reach so soon to the ears of Legislature and strong well funded feminist lobbies to change such gender biasness in female protection laws. You should have asked this question before your marriage. Atleast I being a married male is of this view.
Illustration:
I am dead sure many of you husbands work for coporate industries some place or other atleast in
India
. The Sexual Harassment Bill discussed here by me some months back had just one finger repliers and today this Law is before parliament and this law will be passed without changes. Mind it it is not gender neutral and by that it means you being Male cannot complain against s*xual harassment of your female boss and or co-female worker no matter how much you are s*xually harassed there nor there is any check - balance against false complaint of s*xual harassment but there is always a incentive of payign "compensation via monetary relief prime facie". There are 70 countries including neighbouring Pakistan where this law is gender neutral with check - balance on monetary compensation to fermale worker(s), but our great India minus stags like you forgetting to voice your protrest at right time makes specialist lawyers on subject matters richer by arranging prospective clients - thank you ! Welcome to the world of post facto discussions @ dlf…..


Now allow me to ask generic question to readers including you (assuming you to be a male and if not ignore this que. ji)!

Que.:
How many male readers here are there who are un-married and doing some ground level published work to voice against more than two dozen female protection laws and wants to change such laws then only marry? Giove me hard statistics brother….ta ra rum pum pum……………..


C’mn all those stags raise your present (AYES / NAYS) mark to this question now ……….

 


Morale of your query before us:
Forget her post facto problems not able to prove etal. Reasoning she will get re-married eventually more or less (just because of our skewed s*x ratio) instead start thinking only about your problems till you are acquitted. In India our favorite time pass is to gossip about every third persons problems stupidly ignoring their own live problems in hand as if it is not at all there. Pahley atma fir abalakiatma brother.

Dhaval (Engineer)     24 May 2012

I am completely agree and even all laywyers know that. Still some enjoy breaking family just for money.

Marriage is irretrivably broken the day woman files false 498a or DV.

In India husbands are alwasy at loosing side when thing go wrong after marriage. and with new law of property share I think marriage ratio would reduce or would not buy any property until after years and he can really put trust that wife will not run away with property share.

Even in modern days NCW spread wrong messages that all nari are abla and helpless after divorce. The fact is all nari are enjoying at parents home free money from husband. They even get re-marry shortly after divorce.

I don't understand how much NCW has planned to loot husbands and bring gender biased laws.


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