What steps should be taken by the complainant to prove the c

Aishwarya,

You get annoid when people question you and who dares to think truth may  be other than what you are trying to portray. 

In other words, you want all of us to believe that you are innocent and your husband and their family is culprit..  And if someone questions you.. you start abusing.

If this is the way you were ... no wonder you are in situation you are. ( Now I have to be ready  for abuses from you...  .. And I am)

It seems like you are in need of money... have you tried getting it from your father where you have legal right... or do you think that it is reserved for your brother?  If you have not .. and you are still trying to get money from your husband .... it is extortion.

And start using correct words.... using words like 'slave'  and 'ayaa. .. in place of  'Unpoliteness ' and 'Not contributing to family works'  will get you nowhere.

If you think you become 'cook' by preparing food  for family ... will you classify your husband as 'bonded labor'  since he is trying to win bread  for family by working day and night?

And most importantly start listening to others point .... that will save you from many problems.. who knows you will never have been in the position you are in now?

@ cool

Now please stop showing / portraying yourself as an abla. We are here to discuss the problems and get their solutions form the experts. Let us not make this site a gender biased atleast.

well i dint intend to show myself as abla or wotever u may call me...i had just responded to mr. prabhakr's post,by saying that i also went thru same sitaution.in simple terms,this is called sharing one's experience.if it makes u feel i m portraying myself as abla,u may think so.............

but you Mr. cool poked ur nose unnecessarily by  passing comments at me.then u say i shd use this site to find solutions. from experts..this is wot i exactly did.....i simply replied by thanking Mr. prabhakar first.if i had disagreed with his solutions,i wud not have thanked him in the first place..

i think u not comfortable with the solutions mr prabhakar provided,ie,one shud be honest with the case he files.but u just passing comments at shivani and i.so who's not interested in solutions.u or i?

Hi Ash,

Thanks for such a wonderful reply.

I replied to Sivani because I wanted to clarify the statement written by her - "As long as it's a  women's complaint it  has to be declared as False and as long as it's a male complaining it should be treated as True".

As mentioned earlier also, If you don't want anybody on this forum to reply to your queries or comment on your story, please always write a DISCLAIMER after every post that you donot want anybody to reply on your post. In this forum, everybody has got right to put his / her views and if one doesn't like it then he / she is free to do so, which you are perfectly doing.

but you Mr. cool poked ur nose unnecessarily by  passing comments at me.
I didn't poke my nose at you. What did make you write like this? I have some basic manners and before poking my nose I do watch the place where to poke. Am i right maa'm? Actually, you are writing all your replies out of your frustration. I again thank you for your kind words and am expecting same from your side again. I would advise you to join meditation classes which may eb helpful for you. Please don't get hyper on this advise. Cool down, think over it again and then reply this time.

All the best!
 

·        That conviction rate in Section 498-A of IPC is very low.

Yes that is true. Perhaps it is 90:10. Which clearly indicates that 90 % complains are false.

·        “Stick to the truth, nothing but truth.”

This is the most important thing. Always speak the truth. If you are really tortured only then complains. Please do not go with 90 %. Don’t be a problem for your family. Either enjoy the family life or leave it, by mutual divorce.

Creation of family problem is very easy, but it’s solvation very difficult. Perhaps there is no appropriate solution of it.

·        “On 6th May, 2008 at about 6.00 P.M. my husband came back from office and sat on the sofa  in the sitting room.   At that time, my father-in-law and mother in law were sitting on other sofa and were watching the T.V.  My husband asked me to serve him a cup of tea.  I prepared it and took it to him.  After having a single sip, he threw the entire tea on my face, shouting “where is the sugar in the tea?  You are becoming lazy day by day, you do nothing except to eat away my money and keep your entire salary in your bank account”.  My face has burnt due to pouring of hot tea.  My younger sister, who came on that evening to meet me, immediately rushed to bathroom and brought “burnal” and applied the same on my face”.

Men, if the above complain false, do not worry, face it boldly.

Lord Rama, Lord Krishna, and Bapuji are with you.

·        Men, if you find that anybody torturing her wife, and it is genuine, aware him, tell the provisions of 498A and dv act, educate him. If he do not hear or care your good advices, then let him go to hell.

·    Satyameb joyote

@Mr Arup, first of all please make your fonts the regular size, just because you make it bold and big does not make it any more true or more convincing.  It just goes to show how you like to thrust your views on others and grab attention.  I don't know whether you understand english or not because Mr Prabhakar has clearly brought out why low conviction rate does not mean that the case is false. 

@Cool,    Mr Prabhakar has also brought out very clearly that 498A DOES NOT ONLY RESTRICT TO DOWRY BUT ALSO CRUELTY IN OTHER FORMS and this is misunderstood mostly and awareness needs to be made as he is doing with his post.  So Yes, even without masala, the abuses that some of you men do on your wives WOULD attract 498A. Infact as he has said if the masala was not there then it would bring about higher conviction rate and the true picture would be out, so you men should thank your stars, the masala is really helping you men and is propogated by you men itself (mostly propogated by laywers and police and not the women as they are totally broken by the time they end up in police station or courts and further exploited by them).

@Ashwariya, Please don't let the likes of cool bother you because men like him only understand abuses such as using words like 'F***', 'B****', etc etc and what you have experienced yourself and this we can see on this site itself.   Such men know only of abuse and abuse only.  It shows who is acting out of frustration and who needs meditation classes.  

@Cool, Yes you can expect only kind words from Ashwariya as she is a woman and as you can see on this site women do not generalize like you men and say 'all men' as you say 'all women' we say 'some men' and mean men like you.   

@ Mr Prabhakar,  You have advised the following to women-"This is the most important thing.  If you want reconciliation with the husband, never, never file section 498-A, till the conciliation procedures totally fail and you come to definite conclusion that he is incorrigible brute and there is no scope and life to live with him".  Many women do this as a last resort just as you have advised but then it is seen as a counter blast.  What is your advise for this.  Again as i said, Heads they win, tails they win.    

@Sivani

I am still using sensible words and giving respect tp both of you i.e. yourself and Aishwarya. It doesn't mean that you can use abusive language directly or indirectly on any of the members of this forum. Please take some time to read the rules of this forum before posting and using such language. Would request the moderator to please look into the post of Sivani and take an appropriate action.

It seems that you don't even know the basics of  replying in open forum. May be it is a trailor of real life.

Anyways, I never generalized by saying Men and Women. Please read my psosts again and then come back on this. But it seems when a reader should know about those 'few women' then you should be counted among them.

@Aishwarya

Please don't stress upon the reply given by Sivani as it seems that she is coming after getting abused with the words she has described in her post. Please take her along with you.

All the best!

@ Mr Prabhakar, waiting for your reply on the post before cool's post.  Your post would be meaningful

Not only in 498A but in any complaint, the complaint should be simple, short and should only contain truth/facts and also it must be checked by the complainant him/herself before filling, since complainant can understand his/ her situation or condition better. Even there is no need to describe the incident elaborately

But in order to make it more potent and to add some more section of IPC, generally people add false materials in the complaint itself. In case in trial if some more evidences comes in the record, then the required section gets added even in argument stages also.

The failure of cases depends on various factors. Most of the cases which are used to be true get falsified during trial, due to our faulty, lengthy legal procedure/process, where fake and forged evidences in a judicial evidentiary system prevail. Also accused is presumed to be innocent until proved guilty beyond all reasonable doubt.

The main disadvantages with brides are that most of the incident, of torture, abuses and killing takes place at her matrimonial home/place, which used to be a house, an area, a city and the people completely strange or unknown to her, i.e. complete hostile to her, where hardly any sympathizer she gets if she is lucky. Even no body used to be there to hear her screams even if someone hears that do not bring any help or rescue. So, in this situation finding any eyewitness, who can depose in favor of her, is almost impossible, since every allegation needs to be proved beyond reasonable doubt.  So, this results in acquittal of the accused.

The other factors or disadvantages with brides are used to be her gender and her upbringing, which used to be full of preaching and restrictions.  Even approach/behavior, and different set standards of our society, which do not accustomed of seeing a female of fighting attitude goes against them in fighting the suit.

The most important disadvantages with the females are their financial dependence, which makes them vulnerable to the all forms of exploitation.

Also the procedure of trial used to be harsh and brutal, not designed or is unfriendly for females and children. Undergoing thru this harsh/brutal long court battle and investigation procedures make their wounds more painful, and shatters their fragile physiological and mental/psychological framework into a thousand unusable shards. This sometimes goes beyond repair.

At last except harassment, horrible experience and loss of money, they get nothing, if lucky then meager alimony.

Low conviction rate shows that how insensitive and faulty judicial system we have, not only in this in almost all cases conviction rate is very-very low, does that mean all the cases are false. Does it not like that our judicial system is worthless/impotent, or false? It is there to fool people.

Just go thru’ the statements of these two Great Presidents of such an advanced country, in which they have shown their concern. Are these too false?

“This view that women are somehow inferior to men is not restricted to one religion or belief. Women are prevented from playing a full and equal role in many faiths. Nor, tragically, does its influence stop at the walls of the church, mosque, synagogue or temple. This discrimination, unjustifiably attributed to a Higher Authority, has provided a reason or excuse for the deprivation of women's equal rights across the world for centuries. At its most repugnant, the belief that women must be subjugated to the wishes of men excuses slavery, violence, forced prostitution, genital mutilation and national laws that omit rape as a crime. But it also costs many millions of girls and women control over their own bodies and lives, and continues to deny them fair access to education, health, employment and influence within their own communities.... The truth is that male religious leaders have had -- and still have -- an option to interpret holy teachings either to exalt or subjugate women. They have, for their own selfish ends, overwhelmingly chosen the latter. “

JIMMY CARTER, "Losing My Religion for Equality"

“The best judge of whether or not a country is going to develop is how it treats its women. If it's educating its girls, if women have equal rights, that country is going to move forward. But if women are oppressed and abused and illiterate, then they're going to fall behind.”

BARACK OBAMA, Ladies' Home Journal, Sep. 2008

Ashutosh,

Agree with you but what if the 'MOST women' of that country misuse the laws?

@Mr Ashutosh & Mr Prabhakar,  hope you don't mind but i have posted your views on another site discussing the misuse as they are views of real enlightened thinking men and need to be spread. Hope you don't mind

low conviction shows cases in metros are mostly false. i just met four 498a women. they had no physical abuse not even tea cup abuse. they just wanted to take avenge  non-adjustment in family.but ya all four added masala in form of dowry etc . but now jumping wen asked to disclose the income souce for so much dowry and one had her bro almost sweating on issue of disclosure of income.

i agree women still are being ill treated but that is not the metro/urban women. its women in very smaller towns/ villages who really suffer torture. if a women in city is torured she is a shame on the  of humanity, because there are so many means to protect her.  women harassment in town is not possible due to spread of infmation technology. mobiles and threat of laws.

as regards mrs prabhakar it seems has a ulterior motive probably commercial as ta elephone number appears with his name rather than appearing in his profile, this advice can also be given personally rather than posting on a website.

@cool, can you understand english or not? Pl. read sloooooooowly and properly line by line, word by word what Mr Prabhakar and Mr Ashutosh have said about misuse.  Like a parrot stop repeating - what if most women misuse the law.