MONSTERS CREATED BY LAW IN INDIA
Complaint under section 498A is cognisable offence, non-bailable
and cannot be compounded. As a matter of fact this section of
Indian Penal Code has become Criminal+Police+Judicial Nexus
for Blackmail and Extortion.
For filing complaint under Section 498A and alleging cruelty NO
proof or evidence is required from the complainant.
Complainant is assumed to be telling the Truth.
It is accused, who has to prove, that he is innocent and not
guilty as alleged in the complaint.
This is the ammended Indian law to protect women.
A complaint is enough to take into custody all the members of the
accused family, and others who are named.
The complainant has just to allege, and no one in Indian Justice
system goes into the truth of the case.
In Courts too, for obvious reasons the sympathy lies with the criminal,
who is using the law as an instrument for self gratification and fulfilment
of greed.
Whether or not the accused persons named in the complaint; have
actually committed the offence; they are presumed to be guilty till
they prove otherwise during the court trial lasting for several years.
Truth will not help in stopping the false prosecution. One has to suffer for several years till the trial is over. This is Indian law of Justice.
For Example;
Indian 498A Girl went to US on Fiance Visa sponsored by US citizenof Indian Origin and got married to him in US, according to US lawsin US court.
Within 6 months of her marriage,Divorce proceedings were filed in which
she demanded alimony of Rs. One Crore alternatively Restitution of
Conjugal Rights.
The Girl is a Law Attorney of 10 years legal practise in India.
Her father is also Senior Law Attorney at Mumbai High Court.
They both participated in US court Divorce proceedings.Finally Divorce was Granted by US court.
No Alimony was ordered by the US Divorce Court.
Both Father-Daughter Duo have been named
"BLACKMAILERS AND EXTORTIONISTS"
in the US court Proceedings.
According to US laws"NO UN-WILLING SPOUSES CAN BE
COMPELLED TO LIVE TOGETHER";
Therefore the plea of Restitution of conjugal Rights was rejected.
During the pending Divorce proceeding in US, which was filed
in August 2002, and after filing her reply in September 2002 ,
she filed the complaint with Mumbai Police in December 2002
under section 498A of Indian Penal Code alleging cruelty to her
in US.
* She did not disclose in the complaint that there was on-going
Divorce proceedings pending against her in US in which she has
demanded alimony of Rs, One Crore only alternatively Restitution
of conjugal rights
* She did not disclose in the complaint that she travelled to US on
sponsored fiance visa (K-1) to marry in US with US citizen.
* She stated in the complaint that she married in India with a US
Green Card Holder Indian Citizen and named all the members of
of the US citizen family as Indian Citizens residing in US.
* Her Passport was neither inspected nor verified nor passport
number entered in F.I.R.before registering the complaint as
required by law, with the connivance of Mumbai Police.
The production and Inspection of her passport would have rendered
the complaint fraud and fraudulent.
* She did not disclose to US divorce court during court proceedings
in January 2003; that she had filed a criminal complaint in India earlier
in December 2002 under section 498A of Indian Penal Code, and
obtained Non-bailable Arrest Warrants and got posted at Air-ports
in India for arrest as proclaimed offenders.
* She got US citizens arrested at Mumbai Air-port, while returning from short visit to India visiting 92 years old ailing grand Mother, in June 2003 after about 2 months of receiving and acknowleging the US Decree of divorce.* She has however left India and settled in Dubai for good. The matter is going on in Mumbai court for about 3 years
This above story will give the Idea; about 498A of Indian Penal code.
The question is not the scrupulous girl but the law which has created
these monsters. Any false complaint is to be decided in trial which
takes years in corrupt Indian Judicial system.
However under no circumstances 498A of IPC can be prevented or
avoided and has no visible cure due to run away corruption in India.
498A IPC IS A LEGAL CANCER IN INDIAN SOCIETY
WHICH HAS NO CURE AT ALL
LIKE ANY OTHER MEDICAL CANCER WHICH HAS NO CURE !!!
Some of the problems with the section 498A of IPC are as under:1. It rewards frauds and cheats for using the law.2. It makes the accuser the prosecutor, the judge and the jury all rolled into one.3. It makes all the families subject to destruction on the whims and fancies of criminals (girl and her families who want to get rich).4. It has no safeguards for the innocent.5. It facilitates elder and child abuse by the
accusers without any fear of punishment.6. It lays down no automatic punishments for the scrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.7. It enables violation of the privacy, sanctity and the dignity of the innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in the society and at the mercy of the lawyers and the inefficiencies of the court system in India.8. It provides monetary inducements for corruption, falsehoods, revenge, blackmail and extortion; therefore an invitation to the increasing crimes in India.9. It is a monster and menace, created by the law; and does not belong in any civilised and democratic society as it smells like fascism.
Only fascist dictatorships and enemies of the
society create laws that destroys the very society
they claim to protect
10. The guilty who make frivolous and scandalouscomplaints or start false prosecutions get offScott free at the cost and expense of the publicexchequer
and cannot be compounded. As a matter of fact this section of
Indian Penal Code has become Criminal+Police+Judicial Nexus
for Blackmail and Extortion.
For filing complaint under Section 498A and alleging cruelty NO
proof or evidence is required from the complainant.
Complainant is assumed to be telling the Truth.
It is accused, who has to prove, that he is innocent and not
guilty as alleged in the complaint.
This is the ammended Indian law to protect women.
A complaint is enough to take into custody all the members of the
accused family, and others who are named.
The complainant has just to allege, and no one in Indian Justice
system goes into the truth of the case.
In Courts too, for obvious reasons the sympathy lies with the criminal,
who is using the law as an instrument for self gratification and fulfilment
of greed.
Whether or not the accused persons named in the complaint; have
actually committed the offence; they are presumed to be guilty till
they prove otherwise during the court trial lasting for several years.
Truth will not help in stopping the false prosecution. One has to suffer for several years till the trial is over. This is Indian law of Justice.
For Example;
Indian 498A Girl went to US on Fiance Visa sponsored by US citizenof Indian Origin and got married to him in US, according to US lawsin US court.
Within 6 months of her marriage,Divorce proceedings were filed in which
she demanded alimony of Rs. One Crore alternatively Restitution of
Conjugal Rights.
The Girl is a Law Attorney of 10 years legal practise in India.
Her father is also Senior Law Attorney at Mumbai High Court.
They both participated in US court Divorce proceedings.Finally Divorce was Granted by US court.
No Alimony was ordered by the US Divorce Court.
Both Father-Daughter Duo have been named
"BLACKMAILERS AND EXTORTIONISTS"
in the US court Proceedings.
According to US laws"NO UN-WILLING SPOUSES CAN BE
COMPELLED TO LIVE TOGETHER";
Therefore the plea of Restitution of conjugal Rights was rejected.
During the pending Divorce proceeding in US, which was filed
in August 2002, and after filing her reply in September 2002 ,
she filed the complaint with Mumbai Police in December 2002
under section 498A of Indian Penal Code alleging cruelty to her
in US.
* She did not disclose in the complaint that there was on-going
Divorce proceedings pending against her in US in which she has
demanded alimony of Rs, One Crore only alternatively Restitution
of conjugal rights
* She did not disclose in the complaint that she travelled to US on
sponsored fiance visa (K-1) to marry in US with US citizen.
* She stated in the complaint that she married in India with a US
Green Card Holder Indian Citizen and named all the members of
of the US citizen family as Indian Citizens residing in US.
* Her Passport was neither inspected nor verified nor passport
number entered in F.I.R.before registering the complaint as
required by law, with the connivance of Mumbai Police.
The production and Inspection of her passport would have rendered
the complaint fraud and fraudulent.
* She did not disclose to US divorce court during court proceedings
in January 2003; that she had filed a criminal complaint in India earlier
in December 2002 under section 498A of Indian Penal Code, and
obtained Non-bailable Arrest Warrants and got posted at Air-ports
in India for arrest as proclaimed offenders.
* She got US citizens arrested at Mumbai Air-port, while returning from short visit to India visiting 92 years old ailing grand Mother, in June 2003 after about 2 months of receiving and acknowleging the US Decree of divorce.* She has however left India and settled in Dubai for good. The matter is going on in Mumbai court for about 3 years
This above story will give the Idea; about 498A of Indian Penal code.
The question is not the scrupulous girl but the law which has created
these monsters. Any false complaint is to be decided in trial which
takes years in corrupt Indian Judicial system.
However under no circumstances 498A of IPC can be prevented or
avoided and has no visible cure due to run away corruption in India.
498A IPC IS A LEGAL CANCER IN INDIAN SOCIETY
WHICH HAS NO CURE AT ALL
LIKE ANY OTHER MEDICAL CANCER WHICH HAS NO CURE !!!
Some of the problems with the section 498A of IPC are as under:1. It rewards frauds and cheats for using the law.2. It makes the accuser the prosecutor, the judge and the jury all rolled into one.3. It makes all the families subject to destruction on the whims and fancies of criminals (girl and her families who want to get rich).4. It has no safeguards for the innocent.5. It facilitates elder and child abuse by the
accusers without any fear of punishment.6. It lays down no automatic punishments for the scrupulous accuser(s), even after it is proved that the accused persons were innocent and the complaints were fraudulent.7. It enables violation of the privacy, sanctity and the dignity of the innocent families, and throws the very existence of Indian families to the vultures in the police force, criminals in the society and at the mercy of the lawyers and the inefficiencies of the court system in India.8. It provides monetary inducements for corruption, falsehoods, revenge, blackmail and extortion; therefore an invitation to the increasing crimes in India.9. It is a monster and menace, created by the law; and does not belong in any civilised and democratic society as it smells like fascism.
Only fascist dictatorships and enemies of the
society create laws that destroys the very society
they claim to protect
10. The guilty who make frivolous and scandalouscomplaints or start false prosecutions get offScott free at the cost and expense of the publicexchequer
posted by gopelalwani at 1:01 PM
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