Wednesday, 19 October 2016

Indian Women World Number Third In Beating Husbands


Talking Of Domestic Violence, Indian Wives Have Been Ranked Third In Beating Husbands

Domestic violence is a term that is seldom used for ‘Husbands or Men’ in our society. While this issue is rampant in both the rural and urban sectors of the country, we often forget that violence does not have any gender, hence LAW SHOULD ALSO BE GENDER NUTRAL.

A recent study conducted by the UN has revealed some shocking results regarding the statistics about domestic violence against husbands. Egypt has been ranked at number one when it comes to abusing and beating husbands. UK is at number two and India is at the third spot.

 
पति पत्नियों से यहाँ पिटता है, फिर नारी कैसे अबला है? By Sameer Sharma
 
The sad reality is the ignorance that we , as a society endure and neglect that men, too, suffer in silence. There is a strong and an immediate need for a thought change in our country since the society is naturally more sympathetic and forgiving towards the women.one can also not forego of the stark reality that men are also at the receiving end.
 
A Real Story of :-
 
The man, who was requesting his estranged wife to return home, refused to file a complaint with police against the woman. The incident happened when a diamond worker from Thakkarbapanagar came to court to attend proceeding at the family court near Income Tax Circle, because his wife filed a plea seeking maintenance for herself and a minor daughter. As soon as the husband approached the woman to request her not to drag him into litigation and return home, the latter got angry and started demanding a divorce and an alimony payment of Rs 10 lakh. When the man said that he was a diamond worker and couldn't manage such a huge sum, the woman went berserk and started slapping him and tore his clothes. The intervention of police officials was required to protect the man from his wife. and what happen afterword is well known to us.
 

Tuesday, 4 October 2016

Pakistan is a Terrorist State - Sign the Petition

 
Pakistan is a Terrorist State - Sign the Petition
 
US is in a process to declare Pakistan as a Terrorist State. White House, United States has accepted a petition to declare Pakistan as a terrorist state. It has published the said petition online on its official web site which can be signed by citizens of US, India and all those nationals who are affected by Pakistan sponsored terrorism. All you need to do is visit the following web site and click on "Sign" button, it will ask you to enter your first and last name along with your email ID.
More the signatures means more are the chances of United States declaring Pakistan as a terrorist state.
I have already signed the petition.
Please sign the petition and forward this message to maximum contacts to increase support to the petition.
 
नीचे दिये लिंक पे क्लिक कीजिये।
वहाँ "SIGN" लिखा आयेगा, उसपे क्लिक कीजिये।(pic1)
अपना नाम और ई मेल दीजिये। SIGN पे क्लिक कीजिये।(pic1)
कन्फर्मेशन ई मेल आयेगी। उसको वेरीफाई कीजिये।(pic2)
इस तरह आपका वोट पहुँचेगा अमेरिकी संसद में कि पाकिस्तान एक आतंकी देश है! (pic3)
जय हिंद।
 
Join the Mission----> @CyberSipahi

Monday, 3 October 2016

Dowry harassment: Plaint against Nawazuddin Siddiqui

One More Example To Drag One Renowned Innocent Man Under 498a.

The wife of Nawazuddin Siddiqui’s younger brother has filed a police complaint against the Bollywood actor and his parents in Muzaffarnagar, alleging torture.
 
The wife of Nawazuddin Siddiqui’s younger brother has filed a police complaint against the Bollywood actor and his parents in Muzaffarnagar, alleging torture, an official said on Saturday. The woman has made serious charges on the film actor, saying he kicked her in the stomach when she was three months pregnant.
 

       
In a complaint given to Superintendent of Police (Rural) Rakesh Jolly, the woman who married the actor’s younger brother Minauzzidin Siddiqui on May 31, 2016, has alleged that her in-laws have been asking for dowry and misbehaving with her. She has also alleged that Nawazuddin beat her up on September 28.
The woman had first approached the Kotwali police station, but when they did not entertain her complaint, she met the superintendent of police (rural) along with her mother, father and uncle.
Police said they will investigate the matter and act accordingly to law.

This has proofed that women doesn't need any evidence to point anyone.
                                     
Please post your opinion/comments. Thanks

Thursday, 29 September 2016

👉 Some most important Judgments related to 125 Cr.P.C. 👈

1. 125 CrPC cannot be filed twice, only 127 CrPC is allowed. (High Court Gujrat), Bench Hbl J. M. R. Shah, Order on 30-08-2011, Cr RA/69/2011 8/8, Revision Appeal No. 69 of 2011, Chauhan Anjanaben Jayantibhai Vs Chauhan Kanaiyalal Mohanlal.(Chauhan vs Chauhan)
 
2. No Multiple maintenances are allowed. (High Court Gujrat), Bench Hbl J. Akhil Kureshi, order on 21-10-2010, Special Appeal No. 2080 of 2010, SCR. A/2080/2010, 2/2, Hemlataben Maheshbhai Chauhan Vs State of Gujarat.
 
3. Multiple petitions of maintenance are not allowed. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order on 30-08-10, Crl. M. C. No. 130/2010 and Crl. M. A. No. 504/2010, Rachna Kathuria vs Ramesh Kathuria. Citation No. 173 (2010) DLT 289.
 
4. Double Jeopardy. Same relief of maintenance cannot be asked twice in two different courts. Litigant cannot ride two horses. (High Court Mumbai), Bench Hbl B. Wahane, J. Order on 17-07-1991. Ravindra Haribhau Karmarkar Vs Mrs. Shaila R. Karmarkar. Citation No. 1992 Cri LJ 1845.
 
5. Separate income of wife can be taken in to account in determining the amount of maintenance payable to her. (Supreme Court), Bench Hbl JJ. Sarkaria R. Singh, Chandrachud Y.V., Gupta A.C., Order on 17-10-1974, Bhagwan Dutt Vs Kamla Devi and Ors. Citation Nos. 1975 AIR 83; 1975 SCR (2) 483; 1975 SCC (2) 386; Citator R 1986 SC 984 (5), R 1987 SC 1100 (5).
 
6. No parallel 125CrPC and DVA for maintenance. (High Court Delhi), Bench Hbl J. Shiv Narayan Dhingra, order on 22-09-2010, Crl. R. P. No. 633 of 2010, Crl M. A. No. 15451/ 2010, Renu Mittal Vs Anil Mittal & Ors. Citation No. 173 (2010) DLT 269.
 
7. Interim maintenance increase illegal. (Supreme Court), Bench Hbl JJ. B.N. Agarwal and G. S. Singhvi, Order on 23-02-2009, Civil Appeal No. 1163/2009, SLP (C) No. 16742 of 2006, Sanjeev Gupta Vs Salini Gupta. Citation No. 2009 INSC 390 (23 February 2009); II (2012 DMC 705.
 
8. Claim of high status of husband is not sufficient for interim maintenance. (High Court Delhi), Bench Hbl J. Shiv Narayan Dhigra, order on 01-09-2010, Crl M. C. No. 4066 of 2009 and Crl. M. A. No. 13807 of 2009, Amit Khanna Vs Priyanka Khanna.
 
9. Interim Maintenance cannot be increased based on husband salary hike. (High Court Mumbai), Bench Hbl R. S. Dalvi, J. order 26-02-2010, W. P. No. 6686 of 2009, Ritula Singh Vs Lt. Col. Rajeswar Singh.
 
10. Children can claim maintenance from mother. Punishment awarded U/s 193 IPC to wife for providing false evidence to the court. (High Court Delhi), Hbl J. Dr.S. Murlidharan, order on 23-03-2009, Crl. M. C. 1130/2008 & Crl. M. A. 4231/ 2008, Jagdish Prasad Vs State of NCT Delhi & Ors.
 
11. Maintenance arrears of one year only from the date of filing the petition. (High Court AP), Hbl D.J. Raju, J., order on 31 March 1984, Jangam Srinivasa Rao Vs Jangam Rajeswari & ors. Citation No. 1990 Cri LJ 2506.
 
12. Take EMI into consideration in maintenance and reduced maintenance. (Supreme Court), Hbl A. Kabir and C. Joseph, JJ., order on 28-08-2009, Crl Appeal No. 879 of 2009, Arising on SLP ( Crl.) No. 7503 of 2008, SLP (Crl.) No. 7924 of 2008, Bhushan Kumar Meen Vs Mansi Meen @ Harpreet Kaur. Citation Nos. (2010) 15 SCC 372 A; (2010) 15 SCC 372 B.
 
13. Wife cannot take advantage of two orders of maintenance passed by civil as well as criminal court. (HC Maharastra), Bench Hbl R. Lodha J., order on 13-09-1995, Gomaji Vs Smt. Yasoda & Ors. Citation No. 1(1996) DMC 487; II (1996) DMC 469.
 
14. Working wife no maintenance in HMA 24, 125 CrPC only for child. (Supreme Court), Bench Hbl JJ. T. Chatterjee and H. Dattu, order on 23 March 2009, Civil Appeal Nos. 1789-1790 of 2009, SLP (C) Nos. 24589-24590 of 2007, Anu Kaul Vs Rajeev Kaul. Citation Nos. (2009) INSC 582 (23 March 2009); (2009) 13 SCC 209.
 
15. Meaning of unable to maintain in 125 CrPC and grounds for maintenance. (Supreme Court), Bench Hbl J. Dr. Arijit Pasayat, order on 27-11-2007, Appeal Cr. 1627 of 2007 arising on SLP No. (Crl.) 4379 of 2006, Chaturbhuj Vs Sita bai. Citation Nos. (2008) 2 SCC 316; AIR 2008 SC 530; 2008 (I0 KLT 41 (SC).
 
16. Maintenance awarded in two sections is offset. (HC Punjab and Haryana), Coram Mr. J. S. D. Anand, order on 23-02-2010, Civil revision No. 2427 of 2009, Gian Chand Vs Dilpreet Kaur.
 
17. Liability of maintenance of children is co-extensive in 2:1 when both parents are working. (Supreme Court), Bench Hbl J. D. P. Wadhwa, order 28-03-2000, AIR 2000 SC 1398, I (200) DMC 621, 2000 II OLR SC 85, Padmja Sharma Vs Ratan Lal Sharma. Citation No. (2000) 4 SCC 266.
 
18. Meaning to unable to maintenance. (Supreme Court), Bench, Hbl P. Sathasivam, J, .order 20 July 2011, Civil Appeal Nos. 5831-5833 of 2011, Arising SLP (C) Nos. 20518-20520 of 2009, Vinny Parmar Vs Paramvir. Citation No. AIR 2011 SC 2748; (2011) 7 SCALE 741.
 
19. No maintenance to earning spouse. (HC Delhi), Hbl J. Shiv Narayan Dhingra, order on 18-09-2008, CM (M) 949/ 08, Manish Kumar Vs Pratibha.
 
20. No maintenance if wife lies. (SC), Bench Hbl JJ.. G. S. Singhvi and Ashok Kumar Ganguli, order on 03-12-2009, Civil Appeal No. 5239 of 2009, Dalip Singh Vs State of Up and Ors. Citation No. (2010) 2 SCC 114.
 
21. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC).
 
22. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553.
 
23. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.
 
24. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008.
 
25. Wife guilty of contempt of court, maintenance denied with cost. (HC Delhi), Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.
 
26. Children have to maintain their parents. (High Court Gujrat), Hbl J. Akhil Kureshi, order on 09-02-2011, CR RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors.
 
27. Conditions when maintenance to be paid. (High Court Delhi), Mr. Pradeep Nandrajog J., order reserved on 02-04-2007, order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation No. 2007 (96) DRJ 115.
 
28. All states amends in Sec 125 CrPC is invalid. (SC), Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520.
 
29. Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband. (High Court Karnataka), Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980 (2) Kar LJ 158.
 
30. Maintenance on actual earning. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008, order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant Vs Anita. Citation No. 154 (2008) DLT 505.
 
31. Maintenance denied for working wife. (High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760.
 
32. No maintenance for capable and working wife. (High Court Maharastra), Hbl J. C. Chitre J., order on 24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457; II (2000) DMC 170.
 
33. No maintenance to earning wife, only to children. (High Court Karnataka), Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev.
 
34. No Maintenance to working wife in 125 CrPC. (High Court Madras), Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002.
 
35. No Maintenance to wife, but only to child. (HC Mumbai), Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No. 20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra. Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/  360.in 114983; LS/Bom/2009/1374.
 
36. No Maintenance to capable wife. (HC Delhi), Hbl J. Shiv Narayan Dhingra, order on 10-09-2008, CM (M) No. 539 of 2008, Vijay Kumar Vs Harsh Lata Aggarwal.
 
37. No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery. (HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.
 
38. Wife should clear that she is unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664.
 
39. No Maintenance if wife is working. (HC Uttaranchal), Hbl J. Dharamveer, order on 25-10-2010, Crl Rev. No. 88 of 2002, Vikas Jain Vs Deepali @ Ayushi. Citation No. LAWS (UTN) 2010-1-36.
 
40. Wife living separate troubled in family no maintenance. (HC Madras), Hbl J. P. R. Shiva Kumar, order on 22-02-2008, Crl. R. C. No. 1491 of 2005, Marimuthu Vs Janaki. Citation No. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752.
 
41. No maintenance to wife who left her husband. (HC Mumbai), Hbl V. R. Kingaonkar J., order on 08-04-2008, Cri R.A. 226 of 2002, Sanjay Sudhkar Bhosle Vs Khristina. Citation No. 2008 (2) Bom. C.R. (Cri) 467.
 
42. No maintenance to deserted wife who denied to live with husband. (HC Gujarat), Hbl G. L. Gupta J., order on 22-01-1999, Crl. Rev. No. 179 of 1997, Crl P. C. 2 of 1974 S. 125, Bheeka Ram Vs Goma Devi & Ors.Citation No. 1999 CRLJ 1789.
 
43. No alimony to wife who deserted her husband. (HC Punjab and Haryana), Hbl Mohinder Pal J., order on 19-03-2009, Crl Misc No. M-24684 of 2008 (O&M), Poonam Vs Mahender Kumar.
 
44. Husband parent’s property should not be counted in maintenance. (High Court Delhi), Hbl J. Aruna Suresh, order on 02-07-2010, CM (M) No. 1045 of 2008 and C M No. 13003 of 2008, Sushila Devi Vs Joginder Kumar.
 
45. Permanent alimony cancelled. (HC Mumbai), Hbl JJ. A. P. Despande and Smt. R. P. Sondurbaldota, order on 08-04-2010, Appeal No. 116 of 2002, Family Court 47/ 2002, Arun Kashinath Despande Vs Inumati R. Deo.
 
46. Wife deserted her husband, no maintenance. (HC Mumbai), Hbl R. S. Mohite J. , order on 04-02-2005, Meena Dinesh Parmar Vs Dinesh H. Parmar. Citation Nos. AIR 2005 Bom 298; 2005 (4) Bom CR 672; 2005 (2) Mh LJ 305.
 
47. Wife living separate without reason no maintenance. (HC Kerala), Hbl M. Sashidharan Nambiar J., order on 03-12-2010, Crl MC No. 1893 of 2006, Manoshanthi & Ors Vs Ramachandran & State.
48. Wife living separate from husband not entitled for maintenance. (HC Delhi), Hbl J. Shiv Narayan Dhingra, order on 27-08-2010, Crl M C No. 491 of 2009, Sanjay Bhardwaj Vs State & Anr. Citation No. 2010 (118) DRJ 385.
 
49. Qualified wife should work for maintenance. (HC Delhi), Hbl J. Shiv Narayan Dhingra, order on 01-10-2008, CM (M) 1153 of 2008 (DEL) , Kavita Prasad Vs Ram Ashrey Prasad.
 
50. 125 CrPC is Civil in Nature. (Supreme Court), Hbl Dr. Arijit Pasayat J., order on 05-06-2007, Appeal (Crl.) 795 of 2001, Iqbal Bano Vs State of UP & Ors. Citation Nos. AIR 2007 SC 2215; (2007) 6 SCC 785; 2007 AIR SWC 3880; (2007) 3 SCC (Cri) 258; Cr LR (SC) 554.
 
51. NBW cannot be issued for nonpayment of maintenance. (HC Kerala), Hbl J. Sashidharan Nambiar, order on 10-12-2010, Crl MC No. 4843 of 2010, Shanvas Vs Raseena & State of Kerala.
 
52. Magistrate can grant interim maintenance. (Supreme Court), Bench Hbl JJ. Venkataramiah E.S.T., Mishra R.B., order on 09-10-1985, Savitri Vs Govind Singh Rawat. Citation Nos. 1986 AIR SC 984; 1985 SCC (4) 337; 1985 SCALE (2) 697.
 
53. Wife’s property, income sources must be considered in CrPC 125. Also the order of maintenance if made to pay from date of application, need not record the reason for doing so. In general it is payable from date of order. (SC) Hbl C.K. Thakker, and D. K. Jain , JJ. Order on 28 July 2008, Civil Appeal No. 4666 of 2008, Shail Kumari Devi & Anr Vs Krishan Bhagwan Pathak @ Kishun B. Pathak. Citation No. AIR 2008 SC 3006; (2008) 9 SCC 632; 2008 (3) ALT (Crl) 171 (SC).
 
54. No maintenance in the Domestic Violence Act 2005, 125 CrPC is applicable. (HC Bombay), Nagpur Hbl M. L. Tahaliyani J. , Order on May 05, 2014. WP No. 32 of 2014, Koushik Vs Sau Sangeeta Koushik and Ors.
 
55. Wife fined 2 Lakhs wrt DV Act proceedings for “making mockery of the judicial process”, Contempt and for suppression of facts. (HC Delhi), Hbl J. Vipin Sanghi, reserved on 20-12-2011 Order on 21-02-2012, CONT, CAS (C) 815/2011 and C.M. No. 20360/2011, Douglas Breckenridge Vs Jhilmil Breckenridge.
 
56. Maintenance in 125 CrPC from the date of order. (HC Calcutta), Hbl J, Ashim Kumar Roy, Order on 05-03-2010, C.R.R. No. 257 of 2005, Sudarshan Agarwal Vs The State of West Bengal & Anr. Citation No. LS/Cal 2010/265.
 
57. Not doing cross examination of other witness on one pretext to other, punished with cost of Rs. 25,000/- with warning. (HC Delhi), Hbl, J, S.N. Dhingra, Order on March 09, 2010, CM (M) No. 496/2009, Rampyari & Ors. Vs Ms. Kamlesh.
 
58. Steps made for the trial Courts while dealing with the civil trials. Punishment imposed Rs. 2 Lakhs on producing false documents, concealment of the facts and false & fabricated frivolous litigation to get wrongdoers benefits. (SC), Hbl JJ, Dalveer Bhandari and Deepak Verma, date of Order July, 4, 2011, Civil Appeal Nos. 4912 -4913 of 2011, Arising SLP (C) Nos. 3157-31-58 of 2011, Ramrameshwari Devi and Ors. Vs Nirmala Devi and Ors. Citation Nos. (2011) 8 SCC 249; 2011(6) SCALE 677; JT 2011 (8) SC 90; 2011 AIR SCW 4000; 2011 (4) Supreme 625.
 
59. HC on double jeopardy, Article 20(2) of Constitution of India specifies that a person once trialed for an offence cannot be made to trial for same or some other offence on same set of fact and for same cause of actions. The same is termed as Double Jeopardy in criminal cases and Section 300 covers it in civil cases. (HC Madras) Madurai Bench, Coram Hbl J, V. Periya Karuppiah, date of Order 28/04/2009, Crl.O.P.(MD) No.11066 of 2008 and M.P.(MD) No.1 of 2009, K. Kamala & Anr. Vs M.Parimala & Ors. Citation No. 2009 (3) MLJ (Crl) 450.
 
60. No alimony to wife who deserted her husband. (SC) Uphold decision of HC Punjab and Haryana. Revision petition Dismissed. Hbl JJ V. S. Sirpurkar and Sudarshan Reddy, Order on 16-11-2009, SPL CRL MP No (s) 18899, Poonam Vs Mahender Kumar.
 
61. Wife shall be entitled to claim maintenance under one of the two orders of the Magistrate under Section 125 CrPC and the District Judge, under Section 24 HMA Act respectively and it would be for her to choose as to which of the two orders she wants to enforce. ( HC Haryana and Punjab). Hbl G.S. Chahal, Order on 25-09-1991, Paramjit Kaur Vs Surinder Singh. Citation No. (1992) 101 PLR 155.
 
62. This reasoning of the learned Chief Justice appeals to us.
We are concerned with the Code which is complete on the topic and any defence against and order passed under section 125 Crl.P.C. must be founded on a provision in the Code. Section 125 CrPC is a provisionto protect the weaker of the two parties, namely, the neglected wife. If an order for maintenance has been made against the deserter it will operate until vacated or altered in terms of the provisions of the Code itself. If the husband has a case under Section 125 (4) (5) or section 127 of the Code it is open to him to initiate appropriate proceedings.
But until the original order for maintenance is modified or cancelled by a higher Court or is varied or vacated in terms of section 125 (4) or (5) or section 127, its validity survives. It is enforceable and no plea that there has been cohabitation in interregnum or that there has been a compromise between the parties can hold good as a valid defence. (SC) Bench Hbl JJ Krishna Iyer , V.R., Shingal, P.N., and Sen, A.P., Review Petition No. 95 of 1978; Order on 13-11-1978.
Bhupinder Singh Vs Daljit Kaur. Citation No. 1979 AIR 442, 1979 SCR (2) 292, 1979 SCC (3) 352

TEP (Tax Evasion Petition) - Against 498a Complaints/FIR

Sample Tax Evasion Petition
 
Dated: ____ (day),_____ (month) 2012 / 3  / 4 (year)

THE CHIEF COMMISIONER OF INCOME TAX _______________
____________________BUILDING
____________________ROAD _________________
____________________(CITY)
____________________STATE
________PIN_CODE________


Dear Sir/ Madam

A. TAX EVASION PETITION AGAINST THE UNDERMENTIONED
(1) Mr. __Father-in-law___ Son/O Mr. _______________, Resident /Of ___________
(2) Mrs. __Mother-in-law____ Wife/O Mr. _____________, R/O ________________
(3) Mrs. ___Wife__________ D/O Mr. __________ , R/O ______________________
(4) Mr. _____Brother-in-law________ S/O Mr. ____________, R/O______________

B. REQUEST FOR PROVIDING DETAILS OF NET TAXABLE INCOME OF THE UNDERMENTIONED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT, 2005 (UNDER SECTION 6 OF THE ACT)
(1) Mr. ____________ Son/O Mr. _______________, Resident /Of ________________________
(2) Mrs. ___________ Wife/O Mr. _____________, R/O __________________________
(3) Mrs. _____________ D/O Mr. __________ , R/O _____________________________
(4) Mr. _____________ S/O Mr. ____________, R/O____________________

With reference to the captioned matter it is humbly submitted for your kind consideration:
1. My wife, Mrs. __________ d/o Mr. ___________ has filed fraudulent cases of dowry harassment and Domestic Violence against me. She is claiming that out of her father's earning and accumulation, Mr. ___father-in-law___________ had spent over Rs. /- (Rupees Lacs) in the marriage of ________ (wife’s name) with myself, _______(husband’s name) ________, on _______(date_)_______. She has also stated that Out of these expenses Rs. /- (Rupees Lacs) were given as cash for me and her in the marriage. Rest of the money was spent on the arrangements of the marriage. The same has been stated before the protection officer Mrs. ____(name of protection office) _______ and Mrs. __(name of protection office)___________ in a Domestic incidence report dated ___________ (date)

2. It is also claimed that Mr. ___________(father in law) _ spent over Rs. /- (Rupees______ ) in the marriage of his son Mr. _________ on _______________.

3. It is further claimed in the FIR that Mr. _______________ (father in law) gave large no. of articles including a ___________car bearing registration no to applicant as dowry.

4. It is further claimed in the affidavit dated by Mrs. _____[wife]________that during her delivery which took place at her father Mr. ___________________ house, expenditure of Rs. _____00,000/-(Rupees _______Lacs) took place which was incurred by Mr. __________[FIL ]_____________

5. It can be inferred from the above allegations that Mr. ___________father in law _________has spent over Rs. /- (Rupees ______Lacs) in the financial year 2010-2011 on the marriage of his daughter Mrs. _______ (wife) and his son Mr. _______ brother in law _________ within span of _____(number of ) days / weeks. He further spent Rs. /- (Rupees Lac) during Mrs. ___(wife’s) delivery in financial year 2011-12.

6. Beyond the same, Mr. _________father in law________ is the lawful owner of a house admeasuring _____ Sq Yard in ________________ , has a factory ________, ___city_____ and some _____(#s) Acres of Land in _______ (village / thesil / taluk ) in __________

7. And it is common knowledge that he owns ______ #s of residential plots in ____city and neighborhood are in the name of his wife, Mrs. _______and daughters Mrs. ________ and Ms. __________ and few other Benami properties.

8. It has been averred many a times that he also owns 2-3 lockers in various banks, has multiple savings accounts. He is owner of one SUV ____brand model ______bearing registration no , an _____ car, a _______ motorbike.

9. It is also averred that Mr. ___Father-in law , Mrs. ____Mother-in-law____ , Mr. _____brother-in-law________ and Mrs. _____wife______ have accounts in State Bank of _______, , HDFC Bank , ICICI bank, YES BANK , and Punjab National Bank and other banks.

10. Mr. ___father in law _____has savings bank accounts in . The total volumes of transactions in these accounts have been Rs. (Rupees ) and Rs /- (Rupees ) from financial year 2009-2010 to 2012-2013.

11. Mrs. Mother-in-law has one savings bank account in . The total Volume of transactions in the captioned account has been Rs. ______ (Rupees ________ ) from financial year 2009-2010 to 2012-2013.Her PAN No is .

12. Mr. brother-in-law has one savings bank account in . The total Volume of transactions in the captioned account has been Rs. /-(Rupees ) from financial year 2009-2010 to 2012-2013.His PAN No is .

13. It requires to be ascertained whether Mr. father-in-law, Mrs. _____mother__in___law____, Mr. _____brother__in___law____ and Mrs. _____srimiathi__wifee_____ have disclosed their income and source from where they managed to acquire so many assets.

14. In case investigations are instituted through local authorities, it will enable to unearth huge revenues from father-in-law, Mrs. _____mother__in___law____, Mr. _____brother__in___law____ and Mrs. _____srimiathi__wifee_____. I, therefore, request you to kindly make proper enquiry in this case. The PAN NO of Mrs. _____srimiathi__wifee_____ is .

15. To the best of my knowledge Mr. father-in-law ______is involved in such-and-such-business from ____city_of__FIL__MIL__etc to outside India, an income tax payer and based on the allegations leveled against me and common knowledge, it can be inferred that he along with his family has been evading Income Tax and Wealth Tax for many years now causing loss to the exchequer of many Lacs per annum..

16. It is also common knowledge that Mr.____father-in-law_____ as earlier penalized for violation of _____________________ ACT, 1999.

17. It is further requested to be ascertained whether Non-resident Indian status claimed by Mr. father-in-law is valid under provisions of Income Tax Act, 1961 ( Section 6 of the Act) and Foreign Exchange Management Act, 1999 (Section 2 of the Act).His Passport NO is ___________________

18. Mr.___father-in-law____ s a hoarder of money and his greed of money is so huge that he along with his family is the main instigator of spoiling my married life. He has been harassing me and extracting money from me on various occasions on one pretext or the other ever since my marriage by threatening to file multifarious litigations against me. It was only when I showed helplessness in providing him with more money on a regular basis that they filed this FIR and various maintenance suits against me to extract money from me through legal terrorism.

19. It is further submitted that as per the records available at https://incometaxindiaefiling.gov.in the website which is run by Honorable Ministry of Finance (Department of Revenue, New Delhi) the jurisdiction for Mrs. _____srimiathi__wifee_____’s PAN i.e. , the jurisdiction for Mr. ___brother_in_law’s PAN i.e. and jurisdiction for Mrs. _____mother__in___law____’s PAN i.e. .

By the way of this application UNDER RIGHT TO INFORMATION ACT, 2005 (UNDER SECTION 6 OF THE ACT),May I request to inform me the following:

a. Whether the under mentioned are Income Tax Assessees

(1) Mr. father-in-law S/O Mr. _______, R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc.

(2) Mrs. _____mother__in___law____ W/O Mr. father-in-law , R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc.

(3) Mrs. _____srimiathi__wifee_____ D/O Mr. father-in-law , R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc.

(4) Mr. ___brother in law ____ S/O Mr. father-in-law , R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc

b. If they are Income Tax assessees, have they been filing their Income Tax Returns on a regular basis?

c. Please provide me with the certified copies details of Net taxable income of the above mentioned (4 of them) from the period 2001-02 to 2011-12.

d. What action your esteemed department is initiating against Mr. father-in-law, Mrs. _____mother__in___law____, Mr. ___brother_in_law_____ and Mrs. _____srimiathi__wifee_____ in view of this petition to recover the dues of Income Tax.

e. Whether Mr. father-in-law is Non resident Indian under the provisions of Income tax act or Foreign exchange management act.

Also enclosed is the Judgment of Honorable Justice S. N. Dhingra which has relevance to the first part of my application. The same notes: “Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns”

Also enclosed is the Judgment of Honorable Justice S Ravindra Bhat of Delhi High Court and CIC (Central Information Commission) order to release I.T. return information to the victims of dowry harassment, which has relevance to the second part of my application. It was held in Appeal no. CIC/LS/A/2010/001044-DS decided on 24/03/2011 by Honourable Central Information Commission: 17. In light of the above view taken by the Apex Court, I am inclined to make an observation in this case. I have already discussed the settled point of law regarding public interest but it is in the pursuance of the principle of that public interest only where we feel that the information pertaining to net taxable income of an assessee for the period of year 2000 till date be furnished by following the Section 10 of the RTI Act to his Income Tax Returns.

I request you to kindly take cognizance of these judgments and orders and provide me with relevant information while simultaneously initiating the action for recovery of dues from Mr. father-in-law, Mrs. _____mother__in___law____, Mr. _____brother__in___law____ and Mrs. _____srimiathi__wifee_____.

In case your esteemed office is unable to meet my request, I would like to know the detailed reasons as to why such information is being denied to me. The applicant might be constrained to file a further RTI application, if the information sought is denied without any valid reason.

Your prompt reply in this regard shall be highly appreciated.

Thanking you in advance.

Yours Faithfully,

___Husband ___

Annexure:

a. Copy of the FIR and the list of dowry articles

b. Copies of affidavits and Domestic Incident Report

c. Judgments of Honorable Justice S. N. Dhingra and Justice S Ravindra Bhat of Delhi High Court

d. CIC (Central Information Commission), orders to release I.T. return information.

e. Photocopy of earlier Postal Order No _____________.

f. Postal Order No ________________

CC:

a. Director General of Income Tax (Investigation), ______ state_____

b. Chief Commissioner, Income Tax, ______ state_____

d. Member, I.T. Investigation, Ministry of Finance

e. Finance Minister of India, Ministry of Finance

Sunday, 25 September 2016

International Men's Day 19 Nov - Twitter Awakening

International Men's Day - 19 Nov
 
Few of us may think that it is just 1 more celebration day by those Greeting Cards Companies.
‎IMD is our identity. It is our day. It is the day that we celebrate Men.
 
Remember, we have graduated from just being victims of Law Misuse. We are the Crusaders of Men's Rights. Everything that we are doing is History in Making, Future defining.
 
Do you want to be the part of this change? India MRM is known worldwide for it's passion, direction and achievements.
 
It's time to keep the Flag High. Time to start waking the Twitter world to buckle-up for IMD.
Here is the Ammunition for the Twitter Awakening:

When: Starts on, 19/Nov/2016
Time: 10AM IST

                                 
Let's rock for IMD.
PS: for chapters which are running local twitter # as well, try to add both local and announced Hashtag for maximum coverage and Retweets.
 
Entire themselves in pursuit of happiness of their kids and family Happy #MensDay19Nov
true index of a man's character is his love for his family Happy #MensDay19Nov
Issues with physical & mental tend to have lethal consequences for men coz V r so reticent to talk @ #MensDay19Nov Don't let d men u have in your life go away from U, importance of men in your life can break U in tough times #MensDay19Nov Whether we want to believe it or not, we need family & relationships to thrive, Men r humans too #MensDay19Nov Man in your life supports u as Father, Brother, Friends respect Men's Happy #MensDay19Nov Why, not speak up?
 
Why u hesitate to say #MensDay19Nov Unfortunately men grossly misunderstood and undermined, they r Humans too #MensDay19Nov MEN R integral part of the society, Do not walkover them d truth is that we all need them.
 
#MensDay19Nov  Society only talks about Women today, why not men? why hate Men? #MensDay19Nov Men to work in worst conditions for family, society but at last get ignored by all, Men R Humans too #MensDay19Nov If all R Equal, none R above law then Y special Privileges in name of Empowerment.
 
Be on par #MensDay19Nov Talk about Men, their Issues, their gain, their contributions, their needs, give them love Happy #MensDay19Nov Happy #MensDay19Nov to all son, brother, father, grandfather, uncle, friend & in more roles they come Moment you put feminist on a pedestal they will look down upon you.
 
Trick is equality. #MensDay19Nov With life at stake U won't find feminist to come forward to say, Happy #MensDay19Nov What is dangerous about feminists is not what they say about their cause, but what they say about men. #MensDay19Nov
 
There is not a greater loss than the loss of one's self-respect. Happy #MensDay19Nov
Men not concerned with your liking or disliking. All they ask is equality Happy #MensDay19Nov
 
A true gentleman is one that refuses apologizes when he has not offended a lady intentionally Happy #MensDay19NovView hardships of men. #MensDay19Nov One of the most sincere forms of respect is actually listening to what another has to say. #MensDay19Nov Natures of law says equality in diversity Happy #MensDay19Nov.

Thursday, 15 September 2016

'Indian laws do not protect men'

'A false promise of marriage cannot be called rape.'
'The police register it as rape. But you are acquitted finally.'
'In the meantime the man's name is spoilt.'
'Feminism today is spreading hatred towards men.'
'Feminism has destroyed the harmony in society, in the family and in the work place.'
'It has destroyed the trust between men and women.'

Swarup Sarkar is a crusader for men's rights.Swarup Sarkar
A founder of Save the Family, below, left, the textile engineer spoke to Rediff.com's A Ganesh Nadar about men's rights and how his organisation helps 'men in distress.'

When did Save the Family start?
Save the family started as a movement on March 10, 2005. I was one of the members.
At that time when a girl complained about dowry -- people advised the husband to pay and settle.
We decided to fight the cases. We also decided to set up a helpline for others with similar problems.

What kind of cases did you come across in the beginning?
There were so many cases. We were 12 members at that time. All of us were facing cases.
It was like extortion -- divorce and dowry cases.
After the members increased to 250, we registered it as a NGO -- the Save Family Foundation.
After that we filed a PIL in the Supreme Court to scrap Section 498 (the Dowry Act). The court refused and told us to approach the government.
We approached the Rajya Sabha. They refused to scrap the Act but agreed to some guidelines to prevent misuse of the Act in 2012.

Could you tell me about what you call false rape charges?
People started noticing us after 2007. Earlier a medical test was essential for making a rape allegation. Now it is not essential before registering an FIR.
This is a loophole that has come up after the Delhi gang rape case. We had opposed this. Lots of false cases have been registered after that.
We want an FIR after a medical test.
A false promise of marriage cannot be called rape. Police register it as rape. But you are acquitted finally. In the meantime the man's name is spoilt.
Suppose a girl refuses to marry a boy after having an affair with him. You don't call her a rapist.
Every sexual relationship cannot be termed as rape.

You think a central welfare body for men will help?
There is no government organization for men. We want a national commission for men.
Unfair laws cannot bring gender equality. Laws should be gender neutral.
There should be special laws to prevent misuse of dowry and rape laws.


Do you have many women members?
Seventy per cent of the calls to our helpline are made by women who are supporting men in distress.
We coax them to tell the men to call directly. We have a lot of women supporters.
There is a helpline that works for all 24 hours. It is a single number for the whole country -- 8882 498498.
40 NGOs all over India are connected to this helpline. We provide counseling too.
We have one national meeting every year on August 15. At that meeting we decide our strategy for the next year.
Our aim is to create awareness in society, and for that we hold seminars, protests and rallies.
We also make representations to lawmakers, the judiciary, politicians and the police. We are drafting a law to protect men and also make laws gender neutral.

How many members are there in your organization?
We have 7,500 registered members.

How is the group funded?
It is a self supported group. We don't charge victims. We get sponsors for our events.
We get small amounts as donations from the common people. It is enough for us. We spend our own money.
90 per cent of what we spend is our own money and 10 per cent is from donations.

How do men in distress get in touch with you?
They can call our helpline. They can attend our weekly meetings -- many victims come there. They can also send us an e-mail.

How many men in distress contact you in a month?
On an average we receive 100 calls per day from all over the country. This means 3,000 in a month.
About one lakh (100,000) men contact us every month which includes direct visits and also those who contact us by e-mail.

Do you have lawyers as members?
We don't have lawyers as members. We don't recommend lawyers to the victims who contact us.

Do you think male sexuality is misunderstood?
The law is like that. If a girl beats you up, there is no case, they have a licence to beat up men.
Unfair laws are the reason. In other countries work place harassment is gender neutral.
Indian laws do not protect men when men and women are involved.
Sexual crimes against men is not registered as a crime.

Do you think feminism clashes with the rights of men?
Feminism today is spreading hatred towards men.
Feminism has destroyed the harmony in society, in the family and in the work place.
It has destroyed the trust between men and women. That is why crime is going up.
When you spread hatred, violence and crimes increase.

Sunday, 11 September 2016

RTI (hindi format) for caw or women cell.

सेवा में,
             जन सूचना अधिकारी,
             (विभाग/कार्यालय का पता),
             जिला का नाम:-
             राज्य का नाम:-
             पिन कोड:-

विषय:-  सूचना का अधिकार अधिनियम 2005 की धारा 6(1) और 6(3) के अन्तर्गत सूचना प्रदान करने हेतु।

श्रीमान जी,
               मैं(अपना नाम)[मकान नंबर xxx],{कालोनी का नाम}(शहर)का निवासी हूँ।मेरी पत्नी(पत्नी का नाम)ने महिला सेल(शहर जहाँ आपकी पत्नी ने दरखास्त दी थी)में एक दरखास्त संख्या xxx,दिनांक zz-zz-zzzz दी थी।जो आपके कार्यालय के अंतर्गत आती है।मुझे सूचना का अधिकार अधिनियम 2005 के अन्तर्गत निम्नलिखित सूचना प्रदान करें:-

(1)   मेरी पत्नी(पत्नी का नाम)ने जो दरखास्त महिला सेल(शहर जहाँ आपकी पत्नी ने दरखास्त दी थी)में दी थी उसकी प्रमाणित प्रतिलिपि प्रदान करें।
(2)   मेरी पत्नी(पत्नी का नाम)ने जो भी दस्तावेज अपनी दरखास्त के साथ संलग्न किये,उसकी प्रमाणित प्रतिलिपि प्रदान करें।
(3)   मेरी पत्नी(पत्नी का नाम) और मेरे द्वारा जो उपस्थिति हस्ताक्षर किये गए,उस उपस्थिति पत्रक की प्रमाणित प्रतिलिपि प्रदान करें।
(4)   मेरी पत्नी(पत्नी का नाम)द्वारा जो स्त्रीधन सूची दी गयी,उसकी प्रमाणित प्रतिलिपि प्रदान करें।
(5)   मेरे द्वारा जो भी दस्तावेज दिए गए इस मामले(केस)में,उसकी प्रमाणित प्रतिलिपि प्रदान करें।
(6)   मेरे द्वारा जो भी लिखित उत्तर दिए गए इस पूरे मामले में उन सब की प्रमाणित प्रतिलिपि प्रदान करें।
(7)   मेरी पत्नी(पत्नी का नाम)द्वारा जो भी लिखित उत्तर दिए गए उनकी प्रमाणित प्रतिलिपि प्रदान करें।
(8)   जाँच अधिकारी या सम्बंधित अधिकारी द्वारा बनायीं गयी रिपोर्ट या अंतिम जाँच प्रतिवेदन की प्रमाणित प्रतिलिपि प्रदान करें।
                      अगर यह सूचना आपके कार्यालय के अन्तर्गत नहीं आती है तो सूचना का अधिकार अधिनियम 2005 की धारा 6(3) के अन्तर्गत आप इस निवेदन/प्रार्थना पत्र को सम्बंधित कार्यालय में पहुँचाने की कृपया करें।और इसकी सूचना भी लिखित तौर पर मुझे भेजें ताकि उस सम्बंधित कार्यालय से अगर मुझे जवाब न आये तो मैं उस सम्बंधित कार्यालय में प्रथम अपील कर सकूँ।
                                 मैं इस प्रार्थना पत्र के साथ सूचना प्रदान करने हेतु फीस डाक सम्बन्धी विधि(पोस्टल आर्डर)नंबर xxx,दिनांक zz-zz-zzzz,मूल्य yyरुपये के रूप में संलग्न कर रहा हूँ।
                             कृपया करके जल्द से जल्द तीस दिन के अन्दर मुझे सूचना प्रदान करने की कृपा करें।मैं आपका अति आभारी रहूँगा।
                    सह धन्यवाद।
आपका
(अपने हस्ताक्षर)
अपना नाम,
मकान नंबर:-
कालोनी:-
शहर:-
जिला:-
राज्य:-
पिन कोड:-
मोबाइल नंबर:-
दिनांक आज की:-

Friday, 9 September 2016

भावनात्मक लेख झूठे दहेज़ पर

 
😞 *“ मैंने दहेज़ नहीं माँगा ”* 😞
साहब मैं थाने नहीं आउंगा,
अपने इस घर से कहीं नहीं जाउंगा,
माना पत्नी से थोडा मन मुटाव था,
सोच में अन्तर और विचारों में खिंचाव था,
*पर यकीन मानिए साहब ,*
*“ मैंने दहेज़ नहीं माँगा ”*
 
मानता हूँ कानून आज पत्नी के पास है,
महिलाओं का समाज में हो रहा विकास है।
चाहत मेरी भी बस ये थी कि माँ बाप का सम्मान हो,
उन्हें भी समझे माता पिता, न कभी उनका अपमान हो।
पर अब क्या फायदा, जब टूट ही गया हर रिश्ते का धागा,
*यकीन मानिए साहब,*
*“ मैंने दहेज़ नहीं माँगा ”*
 
परिवार के साथ रहना इसे पसंन्द नहीं,
कहती यहाँ कोई रस, कोई आनन्द नही,
मुझे ले चलो इस घर से दूर, किसी किराए के आशियाने में,
कुछ नहीं रखा माँ बाप पर प्यार बरसाने में,
हाँ छोड़ दो, छोड़ दो इस माँ बाप के प्यार को,
नहीं मांने तो याद रखोगे मेरी मार को,
बस बूढ़े माता पिता का ही मोह, न छोड़ पाया मैं अभागा,
*यकींन मानिए साहब,*
*“ मैंने दहेज़ नहीं माँगा ”*
 
फिर शुरू हुआ वाद विवाद माँ बाप से अलग होने का,
शायद समय आ गया था, चैन और सुकून खोने का,
एक दिन साफ़ मैंने पत्नी को मना कर दिया,
न रहुगा माँ बाप के बिना ये उसके दिमाग में भर दिया।
बस मुझसे लड़ कर मोहतरमा मायके जा पहुंची,
2 दिन बाद ही पत्नी के घर से मुझे धमकी आ पहुंची,
माँ बाप से हो जा अलग, नहीं सबक सीखा देगे,
क्या होता है दहेज़ कानून तुझे इसका असर दिखा देगें।
परिणाम जानते हुए भी हर धमकी को गले में टांगा,
*यकींन माँनिये साहब ,*
*“ मैंने दहेज़ नहीं माँगा ”*
 
जो कहा था बीवी ने, आखिरकार वो कर दिखाया,
झगड़ा किसी और बात पर था, पर उसने दहेज़ का नाटक रचाया।
बस पुलिस थाने से एक दिन मुझे फ़ोन आया,
क्यों बे, पत्नी से दहेज़ मांगता है, ये कह के मुझे धमकाया।
माता पिता भाई बहिन जीजा सभी के रिपोर्ट में नाम थे,
घर में सब हैरान, सब परेशान थे,
अब अकेले बैठ कर सोचता हूँ, वो क्यों ज़िन्दगी में आई थी,
मैंने भी तो उसके प्रति हर ज़िम्मेदारी निभाई थी।
आखिरकार तमका मिला हमे दहेज़ लोभी होने का,
कोई फायदा न हुआ मीठे मीठे सपने सजोने का।
बुलाने पर थाने आया हूँ, छूप कर कहीं नहीं भागा,
*लेकिन यकींन मानिए साहब ,*
*“ मैंने दहेज़ नहीं माँगा ”*
 
😪 *झूठे दहेज के मुकदमों के कारण ,*
*पुरुष के दर्द से ओतप्रोत एक मार्मिक कृति…* 🙏
*दहेज की कई घरो की हकीकत है*

Thursday, 11 August 2016

Supporters, Just do it.


WE NEED TO ACT NOW, BELOW ARE THE RESULTS TO AMAZE YOU.
 
Sir,
1 Need for men rights commission is group on social networking site comprising of more than 1600 members, 498-A Victim group have 7500 members and Stop misuse of Biased laws have 800 members and various Individuals/associated groups showed their discontent by way of this protest petition against the guidelines framed by the Social Action Forum( in short ‘Forum’) for making uniform policy of registration of FIR, arrest and bail in cases under Section 498-A of the IPC . The Forum framed the guidelines as per the directions of the Hon’ble Supreme Court of India in PIL/W.P ( C) No-73/2015 and notices were issued to the Union of India through their respective Ministries

 2 The above named groups members/ or related individuals by the way of this protest petition would be appreciated that grievances of the above group members/individuals which runs approximately 10,000 in number or even more should also be placed on records to the concerned Ministries while making counter or supporting the guidelines of the Forum otherwise grave injustice would be caused to the thousands of affected individuals and their family members across the country if they have been unheard fairly 

 3 It has been well observed by Hon’ble Courts, executive bodies that frivolous complaints made under 498-A IPC has been filed with oblique motives just to harass the husband and his relatives. It is respectfully submitted that the FIR registered under 498-A IPC at the instance of the complaint made by married woman who deliberately roped the unmarried sisters/brothers, grandparents of the husband only for settling personal scores. The subsequent police investigations and protracted criminal trials at far distance place has not only spoiled the mental peace, harmony of the of the family members but also escalates the suicides cases among the married men which has been escalating year by year

 4 The following suicide cases which has been committed by married men during last 9 years, which has been reported by National Crime Record Bureau, Ministry of Home affairs
Number of Suicide Victims by “Married” Marital Status
 
 
The above data clearly reflects that suicides cases among the married men has been increasing every year .Yet nothing has done on any reliable study about the misuse of the provisions of Indian law, causing suicides to married men

 5 Various media reports obtained from Internet which clearly showed that police has committed various atrocities during the investigations and has even roped 2 month aged baby & 7 years child in its FIR/charge sheet filed before the court. The Provisions of 498-A has grossly misused that many husband/their relatives has committed suicides during the course of criminal trial. Many incident donot get media coverage and hence unreported
 
We need to act now to inform below address about the same..Thanks
 
1 Ministry of Home Affairs
North Block
Central Secretariat
New Delhi – 110001 
 
2 Ministry of Law and Justice,
4th Floor, A-Wing,
Shastri Bhawan, New Delhi-110 001
 
3 National Crime Record Bureau
East Block-7, R.K. Puram, New Delhi-110066

Friday, 5 August 2016

10 things .....Taught us during one's fight against misuse of Law.

 
Last April, after a legal battle of two years, I finally got my divorce.
While I had heard about how pro-women Indian laws are, unfortunately I got to taste only the greed of lawyers, insensitivity of judges and the torturing slowness of our judicial system.
"Tareekh pe tareekh" is literally quite an apt description, really!
 
In the end, I was just relieved to get out of a dysfunctional marriage before it was too late.
Now that I have put my past safely behind me, I look back on what a gruelling journey the divorce was with fresh clarity. And I feel for those people who are contemplating it or going through it.
Also read: How Indian women misuse the law for divorce
 
Here are ten things I learned from my divorce:
1. It is not the end of the world
2. Indian law is fickle and the system is corrupt
Don't think that a woman is at an advantage or otherwise.
The only person who gains is the lawyer. You will be screwed over and over, and feel violated.
To gather mutual consent is your best option. Don't let the system mint money off your misery.
3. Build your inner circle
I had lost contact with most of my close friends while my marriage was falling apart. I did not know how to talk about it.
The first thing to do as soon as your mind is made up (or even before) is to nurture your friendships again. This was the time I realised how important it is to have your own circle of friends outside your spouse and his friends circle.
Get back in touch if you have lost contact with old friends like I did. Learn to share your problems and feelings. Learn to trust. Their support can be a game-changer.
4. One party is never at fault
Do not waste energy in victimising yourself. To keep lapping in your pain and showing off your wounds can give you a sense of security just like wearing an old comfortable sweater does. But unless you stop victimising yourself you will never truly move on.
Yes, society may question you, but it is easy to question when they don’t have to live with the outcome of it. Your peace will only come from within. Be at peace with yourself knowing well that you did what you knew was best for you.
5. Delete all digital memories
Delete all digital memories - photographs, videos, texts and so on - of your married life. One can never begin afresh by looking at the same things that did not work out in the first place.
Remove all contact with your ex and his family. Throw out any stuff that makes you melancholic.
You are restarting one aspect of your life and unless you make space by removing the old things, you will never be able to fill your life with new beginnings. Neither keep resenting nor pining after those things. Just accept that something important is over.
Become a person who is comfortable with yourself.
6. Stop victimising yourself
While it is important to not victimise oneself, it is equally important to not feel guilty.
Divorce is a big step, especially for a woman. So, do not double guess yourself after the thing is over. It is over because that was the only course you could take without sacrificing yourself.
7. Take some "me" time
Make the best of this time and freedom. I did not want to look back and regret that I wasted precious years of my life during the divorce process.
While it is a depressing time, the fact is you get time for yourself that you never had before. I travelled, wrote a book and started a new business, while fighting the legal battle.
8. Enjoy your own company
Loneliness can be another hard battle to fight, especially when you are used to sharing your life with someone. As Marianne Moore once wrote, "The best cure for loneliness is solitude."
The solution is not to jump hastily into another relationship but to go right into the heart of your lonely feelings so that you can soothe your despair yourself.
Become a person who is comfortable with yourself so that you can love for the right reasons when the right person comes along.
9. Do not procrastinate
There is something called giving it all you can. And there is something called wasting a good life after the bad.
Once you know that a relationship is meaningless and you need to get out - do not delay. Get out of it.
It took me three years and then two years more during the process of divorce. I wish I got out earlier.
10. It's no big deal
Divorce is neither glorious nor a matter of shame. Some people wear it like a badge of honour, I do not believe in that. But I also don’t believe in making it something that causes you to feel inferior.
It is just a status.
How much you let it change your life is up to you.

Thursday, 28 July 2016

Crpc 340 Section (A Wise Weapon)

 
Crpc 340 Section can be used as sharp weapon but wisely
 
Section 340 in The Code Of Criminal Procedure, 1973
 
340. Procedure in cases mentioned in section 195.
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub- section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195.
(3) A complaint made under this section shall be signed,-
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court.
(4) In this section," Court" has the same meaning as in section 195.
 
 


Tuesday, 12 July 2016

Here we have one report which we call it as 498a Annual Turnover
 
 
 
 


Monday, 20 June 2016

Happy Father's Day


Father's Day, celebrated on third Sunday in June, is just around the corner

Father's Day is celebrated worldwide to recognize the contribution that fathers and father figures make to the lives of their children. This day celebrates fatherhood and male parenting. Although it is celebrated on a variety of dates worldwide, many countries observe this day on the third Sunday in June.

A dad is someone who
wants to catch you before you fall
but instead picks you up,
brushes you off,
and lets you try again.

A dad is someone who
wants to keep you from making mistakes
but instead lets you find your own way,
even though his heart breaks in silence
when you get hurt.

A dad is someone who
holds you when you cry,
scolds you when you break the rules,
shines with pride when you succeed,
and has faith in you even when you fail...


 

Follow the below drive link for judgements

Follow the below drive link for judgments https://drive.google.com/drive/my-drive  

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