Every year 1000s of innocent Indian husbands are charged with false DOWRY cases. Their innocent parents, young sisters & mothers are arrested, jailed without warrant. Some have died. Some have committed suicide unable to bear injustice. The law that was made to protect vulnerable women is being misused by unscrupulous women with connivance of others

Monday, February 19, 2007

Runaway Brides of Tamil Nadu

Runaway Brides of Tamil Nadu [a state in India]

====================================================



Following the news report on some missing men, sensational stories of missing wifes

- who have deserted Non Resident Indians,

- left their MATRIMONIAL homes & returned to India under various pretexts,

- to file false and frivolous DOWRY [IPC498A] cases against these hapless NRI and their family, has emerged.

Take the case of Vinayak (name changed).

Vinayak was a well settled finance professional employed at United Arab Emirates.

He got married to veRRi (name changed) in 1996. veRRi [pronounced as vetRRi]

After a honeymoon and WHEN VeRRi'S passport was ready, the couple returned to Gulf without major wait or delays ..within 3 months of marriage

Initially life seemed cool. The couple were blessed with a kid, thEnmozi [name changed].

All trouble erupted when veRRi could NOT get a job of her liking in the Middle East. She often complained that she was forced into this marriage by parents. She forced Vinayak to go for marriage counseling in United Arab Emirates. The counselor advised that Vinayak's mother be thrown out of the house. To accommodated VeRRi vinayak threw his mother out of the house. The hapless woman who was about 60 was sent back and had to live on her own in India.

Still veRRi continued her tantrums.

Matters reached a peak when veRRi threatened of suicide. She used to lock herself inside out toilet in the middle of the night and threaten that she will commit suicide... I was terrified and could NOT sleep a wink, Vinayak recounts the horror !!

veRri returned to her parental home at Chennai in 1999 and promptly filed a FALSE 498A case in early 2000. The case has NOT been tried or decided till date. veRRi threatened Vinayak's mother and other close relatives of arrest and defamation.

Ever since, Vinayak has tried evey method to bring his wife and kid back. veRRi often changed her address without any intimation to cut off all communications with Vinayak and to alienate the kid from Vinayak. She landed a plum job in Bangalore [approx 400 km away from Chennai]. For years she went incommunicado. The day Vinayak located them he sought child custody. VeRRi denied child custody in court. Finally when Vinayak managed to obtain JUST visiting rights [NOT CUSTODY] the child could NOT even recognize Vinayak.

"..I wept that day .." says Vinayak, with his eyes going moist even now when he recounts that day.

Vinayak makes costly trips to Chennai, and appeals to his wife, her parents, the Family courts and court appointed counselors requesting them to re unite him with his wife and beloved kid

Vinayak is also ready to bequeath a part of his hard earned money in the name of his kid, though Vinayak has been completely alienated from his kid.

The latest twist : His Wife has left for Singapore and is NOT EVEN attending Family court hearings ever since Mid November 2006 !!

The case is IN limbo with the family court NOT giving an ex parte

When Vinayak tried to seek FREE legal aid, he was told that that was reserved ONLY for WOMEN as if MEN are NOT eligible for benefits of the tax payer's money

Vinayak continues his days waiting .... waiting for justice and a NORMAL married life........






]
] 'Runaway grooms' of Tamil Nadu
] Posted by: "AmritWorld.com"
] Mon Feb 19, 2007 12:51 am (PST)

http://www.tribuneindia.com/2007/20070219/main8.htm

] * 'Runaway grooms' of Tamil Nadu
]
] Arup Chanda
]
] Tribune News Service *
]
] Chennai, February 18
]
] The "runaway groom" syndrome is not confined
] to Punjab. A substantial number of NRI Tamils
] successfully settled all over the globe also
] suffer from this syndrome.
]

[..................]

Wednesday, February 07, 2007

Some Probable sections to file counter cases


Some Probable sections to file counter cases



FROM INDIAN PENAL CODE
----------------------------------

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

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]

[................]

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

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation- A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.

[................]

211. *False charge of offence made with intent to injure*

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 104[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

[................]

............ AND ... FROM CRIMINAL PROCEDURE CODE

156.Police officers power to investigate cognizable case.-

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.


P.S. : there are bound to be better avenues to file counter cases against FALSE 498A attempts. Please post those as comments

Threat of false case and precautions

Threat of false case and precautions


1. Filing false cases to extract money or wreck vengeance is quite common these days, supported by some greedy and unscrupulous women in India.

1.1. Think quick, think and act smart. Whatever happens just stay cool, don't express your anger to anyone (Officers, public, neighbors, In-Laws etc.).

1.2. Stay polite in EVERY situation.

2. IF the case is just about to be filed / has NOT yet been filed
-----------------------------------------------------------------------------------

Make a detailed statement (with every detail you can think of, do not worry if the document becomes lengthy one) about your innocence and handover the same to police commissioner in writing (copies to SHO your local police station, ACP your local police station, DSP your local police station and a copy to ACP of her (wife's) local police station.

State in the document that you are under threat of your wife "Falsely Implicating you, your parents and relatives in Dowry related and other criminal cases".

If possible mention Blackmailing etc.

This is a sort of Advance Declaration from your side about your situation and your problems. This will be your weapon to defend their allegation at a later stage.

If you have any evidence, file a complaint in your (area) police station and get a stamped copy, if not possible send the complaint through registered post.

There is a very high possibility that the police will NOT act on this case. If the local police do NOT act on your case, please file the same complaint with the Circle inspector of your area and get an acknowledgement

If the circle inspector too fails to take action, Then move to [a local magistrate] court and try to register the same (your case) under criminal procedure 156(3), for necessary investigation. Magistrate can order investigation of the private complaint.

The idea through out is to inform the judiciary and law of your innocence

2.1. IF the CASE (false dowry case) HAS ALREADY BEEN FILED
---------------------------------------------------------------------------------

2.2. The fear of arrest under Dowry laws is the biggest threat men face. Or else the rest of the matter is a pure matrimonial dispute and can be handled as a civil matrimonial dispute...

2.3. Bail / anticipatory bail
----------------------------------------------------

When a complaint has been made and registered in police, CAW cell etc. try to get the copy and apply for Anticipatory bail, [file for court notice for protection or stay of arrest] whatever applicable as per your state

At any cost you or your family member(s) should not surrender to police

Once you are able to get the bail , THE OPPOSITE PARTY will be under pressure.

The opponent's very tactic is to arrest you. As you are innocent and in most cases you may not have even stepped into a police station you will be shocked.

They will try to use this shock to ill treat you, wreck vengeance or extract money from you

STAY COOL !! STAY FOCUSED. Get an anticipatory bail - IF the case is already filed. Once you are free and out you can fight your honest case

Always ask the bail for family members first (except husband) .

Once the same achieved , then apply for the bail for husband in lower court , lower court will may reject it , move to session court ( may reject it ) , move to high court ( may reject it ) , then move to supreme court , we are here to help you out.

Normally at the High court level itself you should be in a position to get a bail. The HC know that the Supreme Court Judges are not fools.

Even In case of TADA/POTA people get bail, this is just a family dispute - so DO NOT panic

While these procedures might seem costly it is nothing compared to paying ransom to an un scrupulous female who tries to arrest you

Sunday, February 04, 2007

don't get married !!!


Divorce Ruling Spoils Bonus Party

The decision gives the wife a share of the bonus irrespective of whether a need exists or not

Newsreport by Caroline Byrne from London. Distributed by Bloomberg.

LONDON bankers are celebrating a record £8.8 billion ($17.4 billion) year-end bonus pool. Thanks to a court ruling on future bonuses, spouses and their divorce lawyers may have the last laugh.

The judgment involving an antique dealer and his wife may let ex-wives claim a portion of payouts awarded long after a break-up, burnishing London's reputation as a top venue for big-money divorce settlements. Legal experts say that a divorce hearing now before the High Court cites the case, Rossi vs. Rossi, as a precedent for a bonus claim.

The climate is so favorable to ex-wives that divorce lawyer Jeremy Levison advises bankers and hedge fund executives to avoid the altar altogether. Pre-nuptial agreements offer little protection because U.K. judges aren't bound to follow them.

"Don't get married," said Levison,
a partner at London-based family law firm Levison Meltzer Pigott. "If you must, make usre your other half is as rich as you are."

Levison represented Kenneth McFarlane, a Deloitte Touche Tohmatsu partner at the center of one of two landmark House of Lords judgements that sent chills through trading floors in May. Britain's highest court ordered McFarlane to pay his ex-wife £2,50,000 a year for life after the break-up of their 16-year marriage. A lower court had limited maintenance payments to five years. Julia McFarlane's lawyers argued for a greater sum in recognition of her role in raising the couple's children and other domestic contributions.

Separately, the court ordered Alan Miller, then a hedge-fund manager at London's New Star Asset Management Ltd., to pay £5 million to Melissa Miller after a childless marriage of less than three years. The recent cases strenghten the ability of wives to claim a share of the richs earned by their spouses. The Rossi case took the law one step further, said James Pirrie, a lawyer at London-based Family Law in Partnership. "In the past, I could only hae a share of your bonus if I could show I needed it," said Pirrie, who repesented Julia McFarlane. "Whereas now I am treated as entitled to a share in it just because of the marriage partnership, even though the marriage had ended a year before the bonus was paid."

The Rossi case, decided in June, classified bonuses earned "at least" 12 months after separation as "marital assets". That language leaves it open for wives to claim half of future bonuses, Pirrie said.

"Bankers would argue that all bonuses received after the separation should be excluded," Pirrie said. "But the judges are showing an inclination to include bonuses received a year or more later as part of matrimonial property to be divided ....; often equally."

The English courts have handed ex-wives headline-grabbing settlements over the past year. The ex-wife of insurance executive John Charman won a record £48 million award in August after the end of a 29-year marriage. Charman, chief executive officer of Axis Capital Holdings Ltd. is appealing the decision.

The ex-wife of WPP Group Plc. founder Martin Sorrel was awarded £30 million in 2005.

Thursday, February 01, 2007

Loss of women !! IS this a FAKE ??

Loss of women !! IS this a FAKE ??

There was a study which said that some 7000 females are lost in India EVERY day !!

I think this study is patently some fake

My take below




Total Nos

Nos - Men

Nos - Women

Ratio - Men

Ratio - Women


Estimated Indian Population - Millions (1 Billion in March 2001 + growth statistics)

1,116.3






Actual spilt - as per THIS study !!




1,000.0

882.0

1,882.0

Actual Male / Female Split - Millions


593.2

523.2




Expected spilt - as per THIS study !!




1,000.0

954.0

1,954.0

Expected Male / Female split - Millions


571.3

545.0




Difference (if THIS STUDY is believed !! )



21.9




No. of Days Over last 70 years (365*70 days) - average life expectancy



25,550




So called loss of women per day !! [EVEN if THIS STUDY IS believed !!]



857