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...


 

Wednesday, 4 November 2015

Anticipatory bail

  

Where should I apply for AB? Should I apply to High Court only or any other court can give AB?
Anticipatory bail has to be applied in the Sessions court or District Court. If your application is rejected in this court then you need to appeal against that order in High Court and then in Supreme Court. Magistrate courts or trial courts or any court below the rank of Sessions or District courts cannot give Anticipatory bail. These are some questions which keeps bugging us, I have tried them answering below.

What is AB ?
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.



A person can apply for AB even after the FIR is filed, but not if the person has been arrested.
Read the excerpts to get an understanding of AB:

Section 438 (1) of the Code lays down a condition, which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has "reason to believe" that he may be arrested for a non-bailable offence. The use of the expression "reason to believe" shows that the belief that the applicant may be so arrested must be founded on reasonable grounds.
 Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet file.
 Fourthly, anticipatory bail can be granted even after in FIR is filed, so long as the applicant has not been arrested. After arrest, the accused must seek his remedy under S. 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offenses for which he is arrested.

WHEN CAN A PERSON APPLY ?
When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him,
 He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

CONDITIONS THAT MAY BE IMPOSED BY THE COURT
The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:
 (a) a condition that the person shall make himself available for interrogation by the police officer as and when required;
 (b) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
 (c) a condition that the person shall not leave India without the previous permission of the court.

ARREST
If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.

ANTCIPATORY BAIL NOT A BLANKET ORDER
The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.

CANCELLATION
An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

Factors, which are relevant for considering the application for grant of anticipatory bail, are :
The nature and gravity or seriousness of accusation as apprehended by the applicant;
The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested;
The possibility of the appellant, if granted anticipatory bail, fleeing from justice.

Here is an explanation of Anticipatory bail given by the Supreme Court

ANTICIPATORY BAIL PROCESS MAY BE LITTLE DIFFER IN SOME STATE WISE.

Saturday, 3 October 2015

Misandry (Male Hatered)

        
     Training Seminar: Remove Misandry (Male Hatered) on 4th October,2015.

Date : 4th October ( Sunday) , 2015.
Time : 10AM to 4PM
Venue : Jawahar Lal Nehru Youth Center , Near Gandhi Peach Foundation, Deen Dayal Upadhyay Marg , New Delhi.
Help Line no : 8882-498-498

 

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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