Today I had a conversation with my cab driver regarding marriage and
he was narrating his story to me. My driver Ramesh (name changed) came
to Bangalore from a remote village searching a Job. He quickly learnt
driving and became a professional driver working for a MNC Company. He
earned Good Money and Name.
He married to a nice girl after being in love for more than a year. Since this was love marriage her parents opposed this coz their caste were different. All went fine for four years; they were very happy with their relation ship and were blessed with a baby Boy. Ramesh sent his wife for higher studies during these four years neither of their parents came to see them nor they got any help from their relatives. On One Bad day, Ramesh had scolded his wife for some reason and left home for Duty. He came back to home only to see His wife hanging to Fan. He had no clue on what happened.
Now let me come to actual story, Ramesh In-Laws filed a Dowry case against him. In the FIR, In-Laws told to Police that Ramesh physically and mentally harassed their daughter to bring Dowry of Rs.2Lakh. For a woman’s death to be a dowry death, it must also be shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. If this is proved, the woman’s husband or relative is required to be deemed to have caused her death
According to IPC Section 498a this dowry case is a cognizable and non-bailable offense, they arrested Ramesh and put him in jail. After being in Jail for 1 Year Ramesh got a Bail on submitting Bond for 1Lakh. Police seized his property. Ramesh lost all his wealth and now he is again working as a cab Driver. The Case is still pending in High Court and Ramesh is still trying to prove his Innocence. Ramesh In-Laws without knowing any information about Ramesh filed a case and screwed his life. He is staying alone and he treated as a criminal in the society.
Why do people misuse IPC 498a?
• Legal Extortion – Get-rich-quick-scheme to extort large amounts of money
• Prior Relationship – Wife has a prior relationship, and cannot get out of it. She marries to satisfy her parents, and then misuses the 498a law in order to obtain a divorce
• Adultery – Women who indulge in adultery use 498a as a bargaining tool
• Domination – Wife wants the husband to abandon his parents and siblings, and have total control over his finances and social behavior
• Custody – Deny the father and his family access to their child.
• Fraudulent Marriages – in which the bride (and her family) hides her education level or mental health; and when is justifiably asked to release the person who has gone into marriage without knowing the full facts; she files a false 498a case
Now my point of writing this article is to promote a Law for Men who has been proved Innocence by False Dowry cases. The existing laws protect a woman from cruelty and harassment by her husband and in-laws. Why does the law not provide protection to a man against cruelty and harassment by his wife and in-laws?
What I suggest to law makers
• Law should be equal to Men and Women
• When husband commits suicide because of False Cases and Torture Given by girl’s side, The Girl and her family members has to be severely punished under the same section.
• If the complainant admits giving dowry in the complaint, the courts should take cognizance of the same and initiate proceedings against them under the relevant sections of the Dowry Prohibition Act
• Arrest under section 498a should be bailable and compoundable (i.e. the girl has to be given a chance to take the complaint back if she wishes to settle with her husband).
• When a man is arrested on dowry case he and his family members will be in news in all form of media resulting in damaging their image in this society. This has to be stopped until the case is proven.
I welcome you to suggest any other suggestions where our law makers can think about these issues and come up with law that can provide justice to both the Genders equally.
He married to a nice girl after being in love for more than a year. Since this was love marriage her parents opposed this coz their caste were different. All went fine for four years; they were very happy with their relation ship and were blessed with a baby Boy. Ramesh sent his wife for higher studies during these four years neither of their parents came to see them nor they got any help from their relatives. On One Bad day, Ramesh had scolded his wife for some reason and left home for Duty. He came back to home only to see His wife hanging to Fan. He had no clue on what happened.
Now let me come to actual story, Ramesh In-Laws filed a Dowry case against him. In the FIR, In-Laws told to Police that Ramesh physically and mentally harassed their daughter to bring Dowry of Rs.2Lakh. For a woman’s death to be a dowry death, it must also be shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. If this is proved, the woman’s husband or relative is required to be deemed to have caused her death
According to IPC Section 498a this dowry case is a cognizable and non-bailable offense, they arrested Ramesh and put him in jail. After being in Jail for 1 Year Ramesh got a Bail on submitting Bond for 1Lakh. Police seized his property. Ramesh lost all his wealth and now he is again working as a cab Driver. The Case is still pending in High Court and Ramesh is still trying to prove his Innocence. Ramesh In-Laws without knowing any information about Ramesh filed a case and screwed his life. He is staying alone and he treated as a criminal in the society.
Why do people misuse IPC 498a?
• Legal Extortion – Get-rich-quick-scheme to extort large amounts of money
• Prior Relationship – Wife has a prior relationship, and cannot get out of it. She marries to satisfy her parents, and then misuses the 498a law in order to obtain a divorce
• Adultery – Women who indulge in adultery use 498a as a bargaining tool
• Domination – Wife wants the husband to abandon his parents and siblings, and have total control over his finances and social behavior
• Custody – Deny the father and his family access to their child.
• Fraudulent Marriages – in which the bride (and her family) hides her education level or mental health; and when is justifiably asked to release the person who has gone into marriage without knowing the full facts; she files a false 498a case
Now my point of writing this article is to promote a Law for Men who has been proved Innocence by False Dowry cases. The existing laws protect a woman from cruelty and harassment by her husband and in-laws. Why does the law not provide protection to a man against cruelty and harassment by his wife and in-laws?
What I suggest to law makers
• Law should be equal to Men and Women
• When husband commits suicide because of False Cases and Torture Given by girl’s side, The Girl and her family members has to be severely punished under the same section.
• If the complainant admits giving dowry in the complaint, the courts should take cognizance of the same and initiate proceedings against them under the relevant sections of the Dowry Prohibition Act
• Arrest under section 498a should be bailable and compoundable (i.e. the girl has to be given a chance to take the complaint back if she wishes to settle with her husband).
• When a man is arrested on dowry case he and his family members will be in news in all form of media resulting in damaging their image in this society. This has to be stopped until the case is proven.
I welcome you to suggest any other suggestions where our law makers can think about these issues and come up with law that can provide justice to both the Genders equally.
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