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IPC Section 498-A: Misuse

Dedicated to the Victimised Indian Families, Who are falsely threatened & Blackmailed by the Indian Daughters-In-Law & her family members, and those Victimised families who are already falsely charged under the Section 498A. Its all about False charges of Dowry Law, Domestic Violence, Alimony, Marriage and Divorce. NOTE: All articles are my personal copyright. They may be republished if the source is acknowledged and a link provided to this site. This is not an Anti-Women Blog. Read Disclaimer.

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Location: Mumbai, Maharashtra, India

Women go to the police with a complaint (may be false), but the system provides to record that as a criminal complaint and that data adds in to the National Statistics of Crime Against Women. When male goes with a genuine complaint the police at max can record a Non Cognizable offence against the women. That will never reflect in the statistics. Then how will one guage crime against men? Every 100 Suicides in India have 63 Males and 37 Females. Every 100 male suicides have 45 married males, and every 100 women suicides have 25 married Women. Married women suicides have default arrests of the inlaws under presumed dowry death. Married men suicides entitle wife for a 50% share in property. What kind of equality is this? I thank you for visiting my blog, Please visit again. And I welcome you to participate on my Blog. [indianhusbands (at-the-rate) yahoo (dot) com]. Click here for Main Page

Friday, March 23, 2012

Hindu Marriage Act is not an Amendment Laboratory.

Maharashtra’s 50% asset sharing bill is in stage of drafting as given to understand. This promises equal rights to women in husband’s any property. There are so many uncertainties and unanswered questions as of now. While there is more coming in from centre as well adding to the confusion.

While all the Hindu leaders are looking out for a politically correct matters, hats off to one brave muslim leader Naseem Khan (Minister of Minority Dept for state) who belongs to an arguably secular party and dares to talks about the protection of interest of his religion and sentiments and asks for exclusion of his community from the amendments (Link here). And the good part is no Muslims of opposite parties would oppose this as they know their religion is more valuable then any other materialistic priority. 

When will Hindu leaders dare to do the same? When will they stop going overboard by experimenting on hindu acts to show that they are secular. While I approve the concern and attitude of Naseem Khan I do not opine that there is no amendment required there. But in a country as colourful as India it is better to have a law that is colorless and uniform. Else one community cannot be experimented for the sake of secular and progressive face of nation, while others are rightfully protected under sentimental grounds.

When will certain hindus learn to stop criticizing the secular actions. Like JanLokpal had hit its lowest when reservation came in to discussion. Only few leaders dared to oppose the same to explain that religious demarcation was unnecessary. Appeasing is not secular, similarly experimenting new borrowed laws on a particular majority section, with ultra vires law against a sub-section is not secular.

New experiments on Hindu Marriage Act with asset Sharing bill is going to cause severe deformities in the social structure. It is required that the bill is drafted with acute involvement and consultations from the Mens Right Groups as well. One cannot give desi version to imported videsi laws and implement it only on Hindus just because their leaders don't speak for their Junta. And if they do they are shunned by other Pseudo secular Hindu leaders as extremists. As a result citizens suffers. 

Its time all leaders irrespective of religion together talk about common laws. And if that is not possible then its time that India stops experimenting with the Hindu Marriage act as if it were a subject of experiments laboratory of Amendment in the name of secularism. And should rather start reviewing the bug that promotes misuse of laws.

Uniformity in Law and Its application, plus its neutrality across communities and both genders would be the real face of a Secular State. Else it’s all a contradiction and step motherly treatment to only one subsection in the name of progress.

Only a common civil code for a citizen irrespective of gender and religion would solve all the problems of the modern Indian secular society. Ideally the parents of the daughter should give her equal standard education as sons, stop dumping her and should stop treating her as a liability, they should amend their attitude of passing on the burden to the husband and rather make her a part of biological inheritance. Thus stop the cascading effect, left to desperate fire fighting. 

I am not anti anything, but rather i would learn from my Muslim brothers to breathe for self and not expect anyone else to do it for me, the day I stop breathing for self, I would die.

Colourless and Sentimental,

Jinesh Zaveri. 

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Blogger Anirban said...

i completely agree with you brother. These political leaders can go to any extent and all these experiments on Hindus is unjustified. The 50% property share to women is foolish. There should be a no dowry environment but govt making it legal dowry environment for women. We need to oppose this law strongly.

Anirban B

Fri Mar 23, 10:19:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Thanks Anirban for your views, we need to spread the word and convince our leaders that we are not available for experiments. And we need to be rightfully roped in before a law affecting us is made.

Fri Mar 23, 11:13:00 AM GMT+5:30  
Blogger viv said...

People who do not protest will enjoy the fruits of their non-action for long time to come.

Hey you always wanted women to be empowered, so why blame the law now that you can't even buy/sell a house even if you have the money! Did you take permission from wife (add in-laws too)?

Married for one day but wife claims rights and wont' allow you to sell house you bought with own money? Welcome to women empowerment, just that YOU happen to be the happy instrument for this the scapegoat.

This law will establish feminocracy at home, but those ruled will not have recourse to equity or justice, because they signed up for it. Hey why not just give 33% reservations without any requirement of skills or merit in all cozy jobs (like parliament) to women while we are at it.

Fri Mar 23, 11:24:00 AM GMT+5:30  
Blogger Srikanth M said...

You nailed it. Good one.

And these people don't agree for shared parenting but they want to own husbands money saying both contributed to it.

Seriously, women in parliament are not even 33%, men are majority there too. But, what's the use? They can't even argue against a single draconian law and save their fellow men.

It's high time for men to stop thinking about society and country, first of all, let us save ourselves from these ill empowered feminists.

Fri Mar 23, 02:08:00 PM GMT+5:30  
Blogger Partha said...

V well said Jinesh. ANy sensible man will oppose this law and should do that vehemently. It is not that only Hindu men will suffer. If men doesn't get married then what will women do? Women will also suffer and the day is not far when mothers will see their sons dying and immature death out of pain, sorrow and grief. This will only increase hatred for all women and increase all kindda crimes...people will have more psychological imbalances if they don't have proper family and support. We need to get the bigger picture of a split society too..

Fri Mar 23, 03:25:00 PM GMT+5:30  
Blogger Amit Deshpande said...

Absolutely correct Jinesh.
Any man's ability to buy a property will be the culmination of continuous efforts of a lifetime of a whole family. A wife usually enters when this endeavour is bearing fruits. If wife can claim share in the result of a lifetime of struggle of husbands family, then why cant husband claim a share in streedhan? Same logic should be with inherited property

Fri Mar 23, 03:59:00 PM GMT+5:30  
Anonymous Pravin said...

This law should be opposed. This hopeless UPA government is doing all sort of corruption and then messing up Indian marriages. Men should figth for their rights ...just like women organizations are fighting

Fri Mar 23, 04:38:00 PM GMT+5:30  
Blogger amresh said...

All these women's law are copied from the west and USA, where couple just enjoy and the after mans run away, finally the kid borns ... You can understand. Such situation women's are sufferer.
But in India.. Such kind of women's and kids are not at all accepted by the society.
The way our political leaders copied the constituency(samvidhan) same way they are trying to copy the law..... And finally they are trying to create the land of baaazturd, which leads to a big crash of the society. Mass dissatisfaction is created by the family law. Citizen are loosing the trust on the govt system. Our law makers are the creating any thing on the name of law.

Dear just awake... Whom you are voting.. Why are you voting... What is the resolution of this Common problem..... Etc etc.....

Fri Mar 23, 09:02:00 PM GMT+5:30  
Blogger suraj said...

This HMA amendment 23/3/2012 would trigger good employment for un-employed women and better opportunity for employed women.

Where our Country India is heading towards???

Sat Mar 24, 02:28:00 AM GMT+5:30  
Anonymous Anonymous said...

The strength of a man is immeasurable, we all know that. Worry is what will happen to the family members of the husband who are senior citizens? These laws only strengthens the belief of the society that women were and will always be a liability, and as far as this law is concerned, society will know beyond doubt that women's begging is supported by law. Or perhaps the women empowerment was always about giving legal powers to women to beg from husband and his family, and brand it as her so-called 'rights'.

We have always carried the responsibility of taking care of a woman with pride, but now it seems that we are better off taking care of ourselves and our parents. Law is there to support women to become a beggar, right?.

Sat Mar 24, 08:28:00 AM GMT+5:30  
Anonymous Psrdeep said...

Excellant ! Amendment in Act is required to keep Act relevant as per today's scenarios but Our great law makers specially from congress who are loosing grounds very fast, are amending these Act to take the nation backwards just to please women voters ...it's shame.....

Sat Mar 24, 01:03:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Thanks Viv, Amresh, Partha, Amit, Suraj, Pravin and Srikant for your views. We need to protest and oppose this law.

the worst imbalanced instrument has been introduced the fruits (its effects) will tell in the due course of time.

Sat Mar 24, 01:04:00 PM GMT+5:30  
Anonymous Anonymous said...

Yes. This amendment has to be strongly opposed by Men's community. Should make Govt to withdraw its proposal.

Sat Mar 24, 04:42:00 PM GMT+5:30  
Anonymous ankur singh said...

Legally speaking when you have HMA24 why this property sharing is required is beyond me. Also CrPC 125 ensures that a woman cannot be left destitute after separation. Domestic violence goes even further. So when there is already a provision of maintenance for life that exists, why property division is required?
This amendment needs re-drafting.

Sat Mar 24, 10:47:00 PM GMT+5:30  
Anonymous Murali said...

This bill is just approved by cabinet. I understand that it needs to be passed by respective houses and then by parliament. So, there is some process still left before these amendments become a regular law. We need to look at some questions, discuss well and then to chalk an action plan.

1. How long it will take usually takes for these amendments to become a regular law from now? 2 months? 6 months?
2. What is the impact of "it will be applicable even before or after the date of this amendment"? Does it mean that longtime divorced wife can open a new litigation on her ex-husband on his property?
3. How this amendments impact on (ongoing / about to settle/ likely to be filed) cases - u/s 498, 24, 9 ?
4. In the eyes of law 'maintenance' and 'movable/ fixed property' are different. With this new amendment, it is possible for wife to fight for both !

5. What can be done in the interim to stop/ modify the amendments from becoming regular law? any suggested action plan? What is the way forward?

With this new development, course of many ongoing divorce battles will change dramatically. Many men will be terrorized for sure since wife was given explicit right on continuation of marriage. Wives will start fighting for both maintenance and share of husband's self-acquired property. Lawyers will have busy time milking either parties (new laws, new procedures etc). Many new cases will be filed all over India, initially metros, cities will witness large numbers of cases; some cases may be filed in conjunction with the existing ones. Even in cases where no or less maintenance to the wife; fight for husband property will start. It does not matter whether wife likes the fight or not; relatives, lawyers and even mediators insist on applying this 'property clause'. Settlement amounts are likely to go up very high for sure.

As we all know the future for Indian women is looking bright in terms of taking up world's oldest profession (due to reduction in marriages), with draconian laws such as 498, 125, DV and now this property share clause. I am completely discouraged by this new development.

Please do post/ prepare list of questions (such as above) and answers to get a thorough insight in this issue so that our leaders can fight better with deeper analysis.

Sun Mar 25, 12:47:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear Anon,

Aap ke muh me Ghee Shakkar.

Dear Ankur,

You have read my mind verbatim, I am using these arguments in letters to politicians. Pls be active on field with your logical arguments they would be needed.

Dear Murali,

Your concern is absolutely valid. You write well, pls help the movement with letter writing campaigns. It would be a great asset to the current drafting team.

Jai Mata Di.

Sun Mar 25, 01:39:00 AM GMT+5:30  
Anonymous Anonymous said...



Wed Feb 20, 07:04:00 PM GMT+5:30  

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