Clear case of corruption .
MISUSE AND ABUSE OF MINISTRY OF HOME AFFAIRS.
Abuse and misuse of Indian matrimonial laws.Such cases
must be investigated by C.B.I.like false
case against Presinent of India. - --- In misusedowryact@yahoogroups.com,
"mrinaljha" <mrinaljha@y...>
"TWO year old Boy may face behind bar: FLASE
DOWRY CASE(498 A)
BIHAR,PATNA,Rajendranagar..
Twelve members of A HIGLY REPUTED family(including
5 distant relatives, 3 senior citizen-1 bed ridden
old lady) have been framed under a false dowry sec.
498a case using made up, manufactured , false allegations
and concocted story.
The Victim, Manish, is a practicing advocate at Delhi
High Court and was got married to Ms. Sugandha on
11th June 2004, at Patna . On 24th June 2004, Manish
along with his wife came to Delhi.
Manish's wife was highly aggressive, quarrelsome,
abusive, violent and impulsive emotional female who
lacked balance and was of acute suspicious nature.
During short period(2months) of stay, Manish's wife
habitually conducted herself towards Manish with great
harshness and cruelty, frequently abusing and assaulting
him. Manish's wife treated him with physical and mental
cruelty.
During this short period of stay with his wife the
matters had come to such a pass and such a pitch of
persistence and intensity that the maintenance of
matrimonial relation was no longer possible. Sugandha,
during the stay with Manish had set out on a course
of conduct with the deliberate intention of wounding
and humiliating him and making his married life unbearable.
Sugandha had persisted in her physical and mental
violence, which any reasonable person would regard
as calculated to bring the matrimonial union to end.
Since, Manish was not able to further endure the
Physical and mental torture perpetrated by his wife,
and the acts of her was of such a nature as to cause
a reasonable apprehension in the mind that it would
be harmful and injurious to live with his wife, and
finally he was forced to leave his own matrimonial
house 5th October2004, in only a pair of wearing apparel,
leaving behind his entire belongings.
Manish also informed the parents of his wife as well
as her brother earlier, who resides in Delhi and requested
them to come over to his house and tackle the problem.
Whenever Manish and his family members talked to his
wife's father and mother they stated that the her
daughter is not suffering from any ailment and only
gave false assurances that their daughter would behave
properly in future and he would have no problem living
with his wife.
But all the efforts of Manish and his family members
went in vain as nobody from his wife's side came to
resolve the issue and bring the truth forward.
Thereafter Manish was constrained to file a Petition
for Judicial Separation in the second week of October,
in the District Court .
Instead of sorting out the matrimonial problem the
Girl's father and maternal uncle threatened Manish
that if he would not withdraw his Judicial Separation
Petition then they would implicate his entire family
in false criminal cases as they know high ups in Ministry
of Home and Delhi Police.
Girl's Maternal uncle, threatened Manish that himself
being placed in the home ministry, which directly
takes care of law and order in Delhi, he is close
to many senior police officials and that it would
not take him minutes to get him and his family members
implicated under any false criminal case. He further
threatened Manish to the extent that he would involve
his elder brother also and would ensure that his brother's
career is ruined as his services comes directly under
Ministry of Home Affairs. He further threatened that
Manish would not be able to get any benefit by being
a lawyer since many of the big lawyers are on his
ministries rolls and he would see to it and insure
that the Manish's career is ruined and his license
to practice as a lawyer is revoked by the bar council.
On 13th of March 2005, Manish received a notice to
appear before CAW Cell, by the office of Joint Commissioner
of Police, for 22nd March 2005 on the basis of a complaint
filed by the girl's family. It was anticipated by
Manish as he was already been threatened by Sugandha's
parents.
Sugandha's family has filed the aforesaid false
complaint only as a counter blast to Manish's J.S.
case, with an intention to further harass the Applicant
and his family members including distant relatives
.
Manish apprehends that the girls parents through
her Maternal Uncle, who at present is Director Ministry
of Home Affairs, can put enough pressure on the police
to get the case registered and in the said event Manish
has reasonable belief that he and his entire
family may be arrested on accusation of having committed
a non- bailable offence. As we know Section 498 (A)
of the Indian Penal Code
makes it mandatory for the police to file charges
against the husband, his parents and other relatives/friends
(whoever being named
on the complaint by the wife or her close relatives)
and put them in jail. There is no penalty (even a
fine) for filing a false case.
This section is non-bailable, non-compoundable (complaint
can't be quashed) and cognizable (arrests without
investigation or warrants). There have been instances
where, without any investigation, the police have
arrested elderly parents and grand-parents, unmarried
sisters, pregnant sister-in-laws.In Manish case also,
his wife's family has framed allegations keeping this
law in their mind, to how to misuse it to the extreme.
She has filed charges against Manish and his family
alleging harassment to extract dowry payments. This
women has incriminated everyone, not just the husband
but the husband's sister , brother and parents including
five distant relatives who were not at all involved
in any allegations. Their only
mistake is being Manish's relative. In the complaint
, the girl has involved entire family of Manish including
his elder brother's wife knowingly who has a 2 year
old son. It seems they wanted to punish this young
boy also to take the revenge. In this case, the two
year-old boy, may be ended up in jail too because,
with the entire family inside the jail, if arrested,
there will be no one to look after him at home. Think
about this young child who has not yet attended the
pre -school and might have to face behind bars. What
explanation would Manish or his brother would give
to this young child to calm down his emotions. How
will he grow up thinking why he was put in the jail?
This young boy's whole life will be ruined and he
will have to live with it. Now the girl has also filed
for maintenance and falsified the income, property
and assets of Manish to such an extent that it is
beyond comprehensible. The matter is in the court
and Manish's family is waiting to see , till what
extent the girls family can frame allegations and
what the Indian court investigates and decides.
Mrinal jha
NY USA.
--- End forwarded message ---
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