Dedicated to my wife…

Read on to know what happens to men who marry in India

I LOVE SHRUTI VERMA

Posted by iluvshrutiverma on October 16, 2008

This blog is dedicated to my wife – Shruti Verma.

The intention of this blog is twofold – to share with you experiences of my first marriage, and to create awareness that there are ample number of cases where women are cunning and the men suffer.

In India, we always respect women. We respect women to such an extent that we believe that they can never be wrong (Abla Nari). With changing times, the society needs to start treating women as equals (today women have a lot of privileges).

I have been implicated in several dowry related criminal cases. Shruti has been staying separately since 3.5 years now.

She even tried to claim maintenance by falsely claiming to be unemployed when she was employed with one of the largest Indian software companies.

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Saas wins against bahu

Posted by iluvshrutiverma on November 6, 2009

ONLY WOMEN CAN WIN AGAINST WOMEN

THIS IS A NEW BEGINNING FOR ALL THE HARASSED MOTHERS IN LAWACROSS THE COUNTRY

http://www.telegraphindia.com/1091106/jsp/calcutta/story_11698981.jsp

- Court orders police to help old woman move back into usurped address
RITH BASU
Uma Dutta in her rented Patuli house. (Sanat Kr Sinha)

An elderly woman tortured and driven out of the house that her husband had built for her has found justice after a four-year court battle against her daughter-in-law.

Tears welled up in 71-year-old Uma Dutta’s eyes after an Alipore court ruled last Friday that she and her son Pratik were the rightful owners of the two-storeyed Garfa North Lake Road property usurped by bahu Runa Paul, 32.

The court asked Kasba police station to file a report on Uma’s allegations about political interference and police laxity by November 30 and also “maintain close vigil to ensure that the petitioner can live in the property peacefully”.

For retired railway pensioner Uma, the verdict was much more than just getting her Kasba house back from the clutches of her daughter-in-law who apparently has quite a track record of marriage-and-dupe.

“She (Runa) and her friends in the CPM had tied me to a chair and assaulted me when I refused to transfer the house in her name on July 25, 2005. They kept me without proper food and medicines for six days. I survived on puffed rice and water,” recalled Uma, who suffers from multiple ailments.

Son Pratik, who has a law degree but no regular source of income, sided with his mother after learning that Runa was thrice married before they met. “She had harassed and duped her previous in-laws, too,” said Uma’s lawyer Dipit Bose. Only one of Runa’s earlier marriages was registered, the lawyer added.

Runa and Pratik married in October 2003 and she allegedly started demanding Rs 6 lakh to open a pharmacy within three months of the wedding.

“She would turn violent when my son and I stood up to her. She got some local CPM leaders to intimidate us. When we decided to go to the police, the CPM activists threatened to frame us in a robbery case. Runa then threatened to slap a case under 498A of the IPC (torture for dowry) against me and my son,” said Uma.

A former office superintendent with the railways, Uma and her son have been living in a rented Patuli house since leaving their Garfa home. Runa has rented out a part of the two-storeyed house and occupied the remaining portion along with her extended family.

The inspector-in-charge of Kasba police station, Shankar Prasad Biswas, said he could act against Runa only after receiving a copy of the court order.

Runa was unavailable for comment. When Metro visited the Garfa house, nobody answered the doorbell. Neighbours have nailed a board to a wall of the house, warning prospective property buyers against dealing with Runa.

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Treated cruelly by wife, techie ends life

Posted by iluvshrutiverma on November 5, 2009

One more ends his life like 56,000 do every year.

Yes you read it correctly – more than 56,000 married men end their lives every year.

http://www.deccanherald.com/content/19204/treated-cruelly-wife-techie-ends.htmlcity_techie-ends-life

Allegedly hounded by a greedy and cruel wife, who was fully supported by her parents, a 32-year-old techie ended his life by consuming a full bottle of anti-depressant tablets here on Monday.

Shubhankar Katyayan was married to Nandini, 27, also a software engineer, for the past two years. Their marriage was registered and solemnised here. Although the two hailed from Jamshedpur in Jharkhand, they had been working in Bangalore after their arranged marriage.

The couple had taken up a rented house at Rajajinagar. They worked for different multinational software companies. Before Shubhankar left for the United Kingdom on a company assignment early this year, he was happy to learn that Nandini was pregnant.

Soon thereafter, Nandini also left for an overseas assignment.

She returned to India a couple of months later and left for Jamshedpur to live with her parents. Shubhankar and Nandini were in touch over e-mail. But, differences cropped up when he failed to return to be at her side during delivery.

But, Shubhankar managed to take leave and returned to Jamshedpur to see his newly born son, Purunjay. Recounting the events prior to Shubhankar’s death, a close relative told Deccan Herald: “Soon after returning to Jamshedpur, Nandini and her parents began ill-treating him.” Shubhankar allegedly fell at their feet, begging to let him see his child.

Though later he was allowed to see their son, his in-laws convinced him to return to Bangalore on the assurance that Nandini would follow soon. He found to his consternation that his in-laws had taken a separate house for Nandini on rent on Gangadhar Chettiar Road under Commercial Street police station limits.

Since their marriage was floundering, the couple decided to settle for a mutually agreed upon divorce.

Shubhankar’s lawyer Anand said the divorce petition (MC1732/09) was filed on June 24, 2009. In the judicial separation petition posted for hearing on January 1, 2010, Nandini had claimed Purunjay’s custody and return of all gifts she received at her wedding.

On July 14, Nandini’s mother Anmana Jha lodged a complaint with the Commercial Street police, alleging that Shubhankar, demanding dowry, had assaulted and attempted to kill her daughter. A number of criminal cases were also lodged against him. He was arrested and produced at the magistrate’s court on July 19. The magistrate directed the police to investigate the matter, and he was sent to Parappana Aghrahara Central jail. Anand said Shubhankar was virtually a broken man in jail and had undergone treatment. Last Saturday, he consumed a bottle of anti-depressant tablets. The authorities rushed him to Victoria Hospital in a critical condition where he died. The authorities refused to hand over the body till Nandini gave her consent. Finding her house locked, the police allowed the release of the body.

A day after the body was taken to Jamshedpur for cremation, Shubhankar was granted bail. His parents, Sunkantha and Narmada Devi and his younger brother, Diwakar, were granted anticipatory bail. When this correspondent met Nandini at her residence on Tuesday night, she said she would not comment on the issue without consulting her advocate.

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Women can never lie

Posted by iluvshrutiverma on November 4, 2009

Indian women are great. Only Indian men are bad. Here The Honorable Supreme Court is saying that a woman’s saying is itself an evidence enough to punish a man. India is great.

http://www.expressindia.com/news/fullstory.php?newsid=67832

Courts can convict a rape accused on the basis of the sole evidence given by a victim unless her testimony is proved to be infirm and not trustworthy, the Supreme Court has ruled.

“If the totality of circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the court should ordinarily have no hesitation in accepting her evidence,” a bench of Justice Arijit Pasayat and Justice S H Kapadia said.

“It is a settled law that the victim of sexual assault is not treated as accomplice and as such, her evidence does not require corroboration from any other evidence including the evidence of a doctor. In a given case even if the doctor who examined the victim does not find sign of rape, it is no ground to disbelieve the sole testimony of the prosecutrix,” it said.

The court took into account the fact that “the Indian women have tendency to conceal such offence because it involves her prestige as well as prestige of her family. Only in few cases, the victim girl or the family members have the courage to go before the police station and lodge a case.”

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Cruel marriage law being misused, so don’t rush to arrest: Centre to states

Posted by iluvshrutiverma on November 3, 2009


New Delhi: For years, there has been loud debate and even orders from courts to do away with or, at least, amend Section 498 A of the Indian Penal Code (IPC), which deals with the offence of matrimonial cruelty. This clause is considered to be rampantly abused, with several examples of husbands and their families being arrested without a preliminary inquiry on allegations of harassing their wives for a range of reasons, including dowry.
Now the Ministry of Home Affairs has written to all state governments, advising them that arrest for an alleged offence under Section 498A should be the “last resort,” not the first step.

In a communication sent to the Chief Secretaries and DGPs of all states and the Administrations of the Union Territories on October 13, the MHA has cited misuse of the clause.

“In some cases, every member of the husband’s family has been arrested, irrespective of whether they had a role in inflicting cruelty on the married woman or not. In some cases, the provisions have been used to settle personal scores. Cases have been reported where momentary anger has resulted in invocation of Section 498A, which resulted in the arrest of the members of the family shutting down any possibility of reconciliation in future and total collapse of the marriage. Even where there is a divorce proceeding, the case under Section 498A continues to persist because of the offence being non-compoundable,” the letter says.

Section 498A, incorporated in the IPC in 1983, provides for adequate punishment for any cruelty inflicted on a married woman by her husband and his relatives. The maximum punishment under the Section is three years and/or fine.

The MHA letter, incidentally, says that in light of judicial pronouncements, an attempt was made earlier to find a via media by amending Section 498A to make the offence compoundable. “However, this could not be pursued because of the opposition from women organisations,” the letter says.

Incidentally, in its judgment in Savitri Devi vs Ramesh Chand and others in 2002, the Delhi High Court observed: “…the misuse of the provisions of Section 498A…is hitting at the very foundation of marriage itself and has proved to be not so good for the health of the society at large.”

This was echoed by the Supreme Court in Sushil Kumar Sharma versus Union of India and Others. “The object of Section 498A is to prevent dowry menace. But…many instances have come to light where the complaints are not bonafide and…filed with oblique motive. It may become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with.”

In 2003, the Justice Malimath Committee, submitted a report to the MHA on reforms in the Criminal Justice System, recommended that the Section be made bailable and compoundable to give a chance to the spouses to come together.

 

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Donate blood before wife sucks it all

Posted by iluvshrutiverma on November 1, 2009

Would you rather donate blood OR let your wife suck it all out of your body?

Please join me in the blood camp organized by FATHERS in Lucknow on Children’s day.

A child’s letter to his father:

“Please don’t call me fatherless and my father as childless……

We both exist & living for each-other. We both are waiting for court uncle’s orders to get united………………..as I NEED both parents.

Almost all children like me, who are caught in matrimonial disputes, are suffering as “shared parenting” is not practiced in our country.

Nobody including court uncle understands that a child needs both parents.”

Hundreds of Fathers and like minded people have decided to donate their blood for the welfare and long life of their children ……..

On Children day (November 14, 2009)

At Blood Bank, KGMC, Lucknow (UP)

From 10 AM to 2 PM

”One Father is better than 100 teachers…….”

Contact: Lucknow: 09450139307/9305323243, Rae-Bareli: 9455540355 and Delhi: 09999107314

Supported by: CRISP (Bangalore), Pati-Pariwar Kalyan Samiti (Lucknow), All India Forgotten Women (Hyderabad), GHRS (New Delhi), Save Family Foundation (New Delhi), Save Indian Family Foundation (Bangalore), AIMPF (Bangalore), India Family Foundation (Mumbai).

We children may be small, but our rights as a child are BIG and court  uncle will also understand one day……………  www.bhavyafoundation.org

“Save our rights to save the nation”

http://bhavyafoundation.blogspot.com/

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Harassed husbands call for gender-neutral laws

Posted by iluvshrutiverma on November 1, 2009

http://www.asianage.com/presentation/leftnavigation/supplements/delhi-age/harassed-husbands-call-for-gender-neutral-laws.aspx - Shruti Badyal

(The journalist’s name is Shruti – and that is my favorite name for obvious reasons)

While much has been discussed about domestic violence against women, are there enough laws drafted to protect men in case of harassment as well? To seek answers for the same, Save the Family Foundation organised a protest against the Domestic Violence Act in the capital recently. According to many activists, the act is full of loopholes and is increasingly being misused by many women. Victims and NGOs working in the city to help harassed husbands now call for gender-neutral laws and highlight the loopholes in the existing laws.

“Section 19 of the Domestic Violence Act says that on the sole testimony of the victim (woman), the judge may presume that some domestic violence may have happened, without listening to the accused. And the judge may also pass a protection order. This is against the basic human rights. Shouldn’t a man be given the chance to prove himself?” says Neeraj Aggarwal, coordinator of the Save Family foundation.

Another section which favours women is Indian Penal Code’s (IPC) section 498A. Niladri Das, secretary, Gender Human Rights Society explains, “Section 498A is a non-bailable offence which protects married women from cruelty subjected to her by her husband or in-laws mainly for the purpose of dowry. And a case can be filed on mental and physical cruelty under this section. Since it’s non bailable, women have misused this law to settle scores in bad marriages and husbands are put behind bars without any evidence. At least this should be made a bailable offence.”

Interestingly, NGOs working in the field stress on the need for many more measures to ensure that there are no loopholes in the law and both genders enjoy equal rights. “Stringent penalties should be imposed on people who misuse this law to discourage its abuse by women, arrests should be made ‘only’ if there is irrefutable evidence of grave physical harm, the trial for 498A must be time bound and completed within 6 months to a year and all anti-dowry laws should be gender-neutral since both giving and taking of dowry are punishable offences,” concludes Dr Anupama Singh, president, Rakhsak, India.

Male victims who have suffered domestic violence blame factors other than just law for the injustice they are subjected to. “Cops play a major role in the process and often harass men without any evidence. My wife filed a case against me, complaining that I beat her but the dates she mentioned in the complaint were days when I wasn’t in Delhi. So when cops knew I had evidence to save myself, they secretly asked them to change the dates and filed a fake chargesheet against me,” says Ashish Kumar Sinha, a software engineer.

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Now, a forum for ‘tortured’ husbands

Posted by iluvshrutiverma on October 31, 2009

http://timesofindia.indiatimes.com/city/hyderabad/Now-a-forum-for-tortured-husbands/articleshow/5182345.cms

HYDERABAD:It wasn’t the voices of victimised women but those of men complaining of “wicked wives’’ that were heard the the most during this domestic violence awareness month that ends today, October 31.

The month may have been earmarked to coax women to step out of their homes to file cases against cruel husbands, but in Hyderabad men were seen asking “aggrieved’’ husbands to report the ill-treatment meted out to them by their wives.

Having found a confidant in each other, these men, claiming to be victims of false dowry harassment cases and domestic abuse, toured the city roads distributing pamphlets about the absence of a law to protect them against such ill-treatment and the need for more ‘male-oriented’ policies. They held campaigns and seminars where they accused the society of being biased towards women and prejudiced against men, and went from one locality to the other asking other traumatised husbands to come forward and report such incidents.

The ‘tortured spouses’ also launched an All-India Men’s Welfare Association (AIMWA) to take their battle to a higher level and call for a separate ministry for safeguarding the interests of men like them. “India even has a separate ministry for animals. Why should the men be left out then?” said S Venugopal, convener of Save India Family Foundation (SIFF), Andhra Pradesh chapter, the body that facilitated the launch of AIMWA. Venugopal, who joined this group around six months ago says that the awareness about these social groups is increasingly growing among men in the state who, unlike in the past, are now willing to
come out and share their experiences with the world. “When I joined SIFF there were indeed a few others like me. But today the numbers have doubled,” he said.

Parthasarathy T R, one of the founders of AIMWA agrees with this as he goes on to point out how the three helplines, that are available for such male victims, have not stopped ringing ever since they held these rallies. “Each of these numbers receive close to 30-40 calls a day as against 10-15 previously, from distressed husbands,” he said. These organisations are also conducting an increased number of counselling sessions for such men now, who they say, tend to develop suicidal tendencies if not attended to. “The pain and agony that men go through, when subjected to domestic violence is much like what women face, when ill-treated. But everybody sympathises with the women, the men find no listeners,” said Mohammed Jaleel a member of AIMWA adding, “Whenever I tried to tell people how I was wrongly framed, they either thought I was mad or was trying to cover my misdeeds of harassing my wife by saying all that. Nobody believed anything that I said until I joined this forum.”

Curiously, much like in the case of women, the stories of harassment of these husbands are also related to their in-laws. While some complain of their in-laws forcing them to become ‘ghar jamais’, others allege that their influential in-laws have got them beaten up by the police without even filing a case. Home truths of another kind.

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DV Act 3rd anniversary celebrated across India

Posted by iluvshrutiverma on October 26, 2009

Troubled by their daughter-in-law and the biased laws, Indian families come to the roads across India on the 3rd Anniversary of the highly criticized DV Act.

Black_Day-08
Black_Day-26Black_Day-29Black_Day-15
Black_Day-19Black_Day-21
Black_Day-14

Black_Day-37

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Indian men have gender bias

Posted by iluvshrutiverma on October 24, 2009

Most men have a gender bias. This article is one of the few articles on this blog that I am writing in favour of woman.
You can evaluate yourself on the below mentioned 10 points and evaluate for yourself whether you are gender neutral or not – perhaps it is time to change.
1. When you go out with a female, insist that you share the expenses equally. Most humans get offended when someone else pays for them. Males do not have a right to hurt females like this.
2. Do not open the door for a woman, if you will not open the door for a man. We should treat women the way we treat men. That is what gender equality is all about.
3. After a party, if you share a taxi ride back home, do not drop the girl first just because she is a girl. If your house is closer, then you should get dropped first.
4. When you are traveling by public transport (say a bus), you see an old woman standing while you have a seat. Before offering her a seat, think about whether you would have offered a seat to an old man too?
5. You work as a manager and there are males as well as females working in your team. Do not allow females to leave early on pretext of household work. Males have equal responsibilities at home.
6. When you look at a female, realize that she is superior to you in physical strength. She is
going to live 7 years longer than you. This thought should specially come to you if there is a
situation where the female is expecting some physical help from you – for example, in keeping a
heavy travel bag in the cabin of an airplane. Do not do it for her. Females should carry only as
much luggage as they can carry on their own. It is only because they make males (even strangers)
do the labour work that they live so much longer than us.
7. When you have a heavy piece of baggage that need to be kept in the overhead baggage compartment, and you wanted to seek help of the cabin crew – do not change your mind if the crew is a female. Let her do her duty. Females and males are two wheels of the society. Let the females also do their job and derive job satisfaction.
8. In office jobs requiring shifts, do not force only male employees to work night shifts. Let
females also take turns. If they refuse, fire them (like the way you would fire males if they
are not fit for a job). If the trend continues, stop to hire females.
9. When an NGO asks for money, look at their advertisements. They will always have girl photos,
because they know everyone has a soft corner for females. Refuse to donate, and tell them that
you would donate to NGOs who are not biased towards one gender.
10. When a girl beggar asks you for money, do not give it. You are already giving Rupees 7,428 Crore Rupees through women’s ministry to the poor girls. (Men pay 82% of the taxes collected in this country).

Most men have a gender bias. This article is one of the few articles on this blog that I am writing in favour of woman.

You can evaluate yourself on the below mentioned 10 points and evaluate for yourself whether you are gender neutral or not – perhaps it is time to change.

1. When you go out with a female, insist that you share the expenses equally. Most humans get offended when someone else pays for them. One gender  routinely paying for the other makes the other gender feel inferior. Males do not have a right to hurt female ego like this.

2. Do not open the door for a woman, if you will not open the door for a man. We should treat women the way we treat men. That is what gender equality is all about.

3. After a party, if you share a taxi ride back home, do not drop the girl first just because she is a girl. If your house is closer, then you should get dropped first.

4. When you are traveling by public transport (say a bus), you see an old woman standing while you have a seat. Before offering her a seat, think about whether you would have offered a seat to an old man too?

5. You work as a manager and there are males as well as females working in your team. Do not allow females to leave early on pretext of household work. Males have equal responsibilities at home.

6. When you look at a female, realize that she is superior to you in physical strength. She is going to live 7 years longer than you. This thought should specially come to you if there is a situation where the female is expecting some physical help from you – for example, in keeping a heavy travel bag in the cabin of an airplane. Do not do it for her. Females should carry only as much luggage as they can carry on their own. It is only because they make males (even strangers) do the labour work that they live so much longer than us.

7. When you have a heavy piece of baggage that need to be kept in the overhead baggage compartment, and you wanted to seek help of the cabin crew – do not change your mind if the crew is a female. Let her do her duty. Females and males are two wheels of the society. Let the females also do their job and derive job satisfaction.

8. In office jobs requiring shifts, do not force only male employees to work night shifts. Let females also take turns. If they refuse, fire them (like the way you would fire males if they are not fit for a job). If the trend continues, stop to hire females.

9. When an NGO asks for money, look at their advertisements. They will always have girl photos, because they know everyone has a soft corner for females. Refuse to donate, and tell them that you would donate to NGOs who are not biased towards one gender.

10. When a girl beggar asks you for money, do not give it. You are already giving Rupees 7,428 Crore Rupees through women’s ministry to the poor girls. (Men pay 82% of the taxes collected in this country).

So boys – Next time someone says ‘Respect women’, you should ask them – ‘Men do not deserve respect?’

Next time, when someone says – ‘A woman is a mother and a sister’. You should ask them – ‘And men are only meant to be free ATM machines?’

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Cruelty against women; Court concerned over misuse of law

Posted by iluvshrutiverma on October 17, 2009

http://www.indianexpress.com/news/cruelty-against-women-court-concerned-over-misuse-of-law/529372/

New Delhi A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.

“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.

Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.

The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.

After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.

The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.

The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.

“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

The court said that “vague and bald” statements cannot be the foundation for framing of charge.

“When allegations are levelled, the courts are not expected to accept them without applying a judicial mind to the facts and circumstances of the case. The framing of a charge is not a knee-jerk reaction, but is an application of the judicial mind to the evidence before the court,” it said.

The court said that the woman had failed to come up with any specific instance of cruelty in her complaint.

“Facing a criminal trial is not an easy task, it is an ordeal. A person accused of an offence is not only socially stigmatised, but also has to invest time, money and energy in protecting his liberty and reputation,” it said.

A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
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The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he saidA Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
Ads by Google
The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

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