Misuse of IPC 498A and Dowry acts
Wednesday, February 02, 2005
 
Misuse of IPC 498A and Dowry Acts
SatyaMev Jayate - Let the truth Prevail
Join The Movement to
STOP
the Misuse of IPC 498A

Help for 498A,Click here


1. Precautions and Prevention
2. What to do now
3. Law Defined
4. Cases and Judgments
5. Different sources in Net
6. Others can help you
7. You too can help others
1. Precautions and Prevention:
A. Before marriage: As Dalai Lama has rightly said, “There should be at least 6 months of duration between Engagement and Marriage”. Better before engagement too you should have ample time to talk to each other for 5-10 times. In this period you two can know each other better and plan everything about future.
Before marriage make a
pre-nuptial agreement (which people are v much opting for these days) saying you haven’t demanded dowry and they haven’t given any dowry, they have given gifts on their own for their girl.
Don’t take dowry or demand dowry. If gifts are exchanged in marriage then write it down in papers and should be signed by both the parties. Even after marriage you can do it. Better take photographs of all the articles with you two standing behind it.
One should also consider Pre-Marital Counseling to clear all the doubts about marriage and the responsibilities there after.
B. After Marriage: Keep every documents and evidence with yourself (make copies of it). During battle in court you may need photographs, letters, bank statements, video, articles etc..
Buy mobile and landline phones with recording facility and also a 40hrs digital voice recorder (We hope you know how useful these will be for you).
2. What to do now (If 498A has been filed against you and your family): (Easier said then done for atleast in first few days..) Think positive. Don’t worry much. Plan your moves step by step. If she has filed false case against you then you are the winner. Thousands of false 498A cases are filed daily all over India and everyone knows that. Take control of your family members (they are your strength and vice-versa). Concentrate on your job. Make more money (and invest wisely). Do meditation. Be focused. Always remember you are going to win.
Keep a door open for negotiation. Talk to them through your community members, family friends etc.. but never give in to their outrageous demand. Main thing is to get bail asap for you and your family, there after things will be in your hand and they will compromise. (Generally they demand Rs 20 lacs and above before you get bail but in the long run through court they can get hardly Rs 2k per month, which means less than Rs 30K per year.)
Keep a v good lawyer (not necessary costly), which can be young but v resourceful and gives you time. Lawyer should be such that he has contacts within court and helps you in all condition. In the initial stages talk to the police before they complete charge sheet, get all your family member’s point of view written in the case diary.
There are lots of cases similar to yours, check them in net (links are given below) n be prepared always.
There are direction from US and Canadian consulates that Misuse of dowry laws are rampant in India.
You are in the battlefront and want to win so remember these words:
“When your strategy is deep and far-reaching, you gain much so you can win even before you fight.When your strategy is shallow and near-sighted,you lose even before you do battle.
Much strategy prevails over little strategy
so, those with no strategy cannot help but be defeated.
So, it is taught that victorious warriors win first then go to war
While defeated warriors first go to war and then seek to win. “
3. Law Defined:
http://www.supremecourtofindia.nic.in/
http://scj.indlaw.com/guest/databasesearch/caselaw/searchresults.asp
http://www.hsph.harvard.edu/grhf/SAsia/forums/dowry/articles/1961.html
http://www.hsph.harvard.edu/grhf/SAsia/forums/dowry/articles/offence.html
http://www.pucl.org/Topics/Law/2003/malimath-recommendations.htm
4. Cases and Judgments: Click Here

5. Different sources in Net:
A: Newspaper articles:
1. Indian Husbands From U.S. Fall Victim To Dowry-Immigration Fraud In India Cached-page
2. Some brides are ‘villains’, not victims: lawyers Cached-page
3. Majority of dowry cases are false: SP Cached-page
4. Check dowry law misuse by women: HC Cached-page
5. False dowry case ample ground for divorce: HC(Delhi)
6. Dowry Laws Nail Innocents : Estranged wives bring false complaints to beggar helpless spouses Cached-page
7. PERFUME TO POLICE - Give Pleasure Take Pain Cached-page
8. Laws Against Domestic Violence, Underused or Abused? Madhu Kishwar Cached-page
9. Man assaulted by wife, gets divorce Cached-page
10. Disussion in RajyaSabha over misuse of IPC 498A
11. Dowry Act misuse quite common Cached-page
12. Battered men seek cover
13. Parliament dicussion over abuse of IPC 498A and information about PHSS
14. Husband comes home to soft law
15. Can't both sexes be fair?
16. Women misusing anti-dowry law: HC
17. Battered husbands seek justice
18. Misuse of Dowry Law -Andhra HC Cached-page
19. Vimochana's Work with Victims of Domestic Violence
20. Singer's family booked for dowry demand
21. Harried husband ends life
22. Harassed husbands to fast on Human Rights Day
23. Etah dowry death ‘victim’ comes alive Cached-page
B: Organizations/Individual:
http://www.498a.org/
http://www.saveindianfamily.com/
http://www.mynation.net/
http://www.asha-kiran.org/
http://www.geocities.com/gokul_p_r/Case/mysideofstory.htm
http://www.patnipeeditmanch.gq.nu/
http://misuseof498a.clawz.com/
http://victimof498a.tripod.com/
http://www.hallabol.com/portal/article4.html
http://www.geocities.com/illangoj/
http://www.geocities.com/CapitolHill/6708/sowryhar.html
http://www.lovelife.greatnow.com/di/law.htmhttp://www.pariwariksuraksha.org/
http://www.vakilbabu.com/Forums/PersonalLaws/00000019.htm
http://www.legalserviceindia.com/forum/display_topic_threads.asp?ForumID=2&TopicID=7&PagePosition=1&ThreadPage=2
C: Bulletin Board/Blogs:
http://indianhusbands.blogspot.com/
http://www.indiafamily.net/talk/messages/12482/12276.html
http://messages.evesindia.com/ubb/Forum8/HTML/000002.html
http://www.gender-indian.blogspot.com/
http://498a_misuse.rediffblogs.com/
http://498a.blogspot.com/
http://dowry_victims.rediffblogs.com/
http://dontkillus.blogspot.com/
6. Others can help you:
Join yahoo group where you will meet like-minded people who can help you:
Click to join saveindianfamily
24-hour All India Helpline Number: +91-09243473794

7. You too can help others:
Spread this to as many people as possible. Help others who are facing similar problem, might be he can help you in return. If you have good contacts with lawyers, police , journalists and/or politicians then the whole society will get benefited. Write to President, PM, MPs, CM, difft. Newspapers, Amnesty International, etc about this menace in our society.
To bring changes in 498A and stop its misuse all of you kindly send emails to the Prime Minister of India at
http://pmindia.nic.in/write.htm
also send emails to the President of India at http://www.presidentofindia.nic.in/scripts/writetopresident.jsp
and different newspapers:
http://victimof498a.tripod.com/id8.html
____________________________________________________________________________________________________________
This website has been made possible after talking to many victims and feedback from lawyers.
We are against dowry.(All exchange of gifts during marriage should be declared in writing.)
We Demand equal rights for men n women in India
(it includes equal share in family property for women and a new IPC 498B for men).
Whoever misuses a law should be stringently penalized so that misuse of law is prevented.


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