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Posts Tagged ‘nri divorce


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In less than a month after Justice Katju mentioned that 90% of Indians are idiots we have witnessed big demonstrations and violence in the name of “seeking” justice. I don’t think Katju was commenting about the IQ level of the people; he was pointing to the fact that how easy it is to trick the people using mass media. I do believe that majority of the masses do not have the time or interest in fact checking. They possess a strong belief that whatever media provides is ‘authentic’ truth. Apparently there is no reason to disagree that with a few exceptions. But the problem lies in ignoring the fact that, what media provides is only a portion of the truth. This is not intended to blame the media or discredit their work because like any other industry they are also working for profit. Most of them follow at least 60-40 ratio where 60% of the time/space is allocated for advertisements and 40% for news. So what we get is the “limited” amount of facts where that “limited” content will be the most sensationalised part of the facts.

Let us analyse the most recent incident. Well utilized RAPE in the recent history attempted to shed a great deal of light about that. What happened here is to cherry pick a real (read on and you will get why I said ‘real’) incident of rape and sensationalise it to the maximum possible extent so as to condition the thoughts of the masses to link to this incident when ever they hear about the word “RAPE”. It didn’t stop there; today one of the prominent malayalam news daily reported with the title “Increasing assaults; Only one fourth end up in conviction”. They also claim that India stands 3rd in the number of rapes with no mention about where that statistics come from. Here is what I found from UN International Statistics on Crime and Justice

regional

countryWise

Since people (most probably journalists too) do not spend time on fact checking they are not aware about the legal definition of rape neither they are aware of the proposed amendments in discussion. Those who are interested may read “Don’t make law against Rape – It’s our right”, says women! In Naom Chomsky’s words, this is Manufacturing Consent.

Well parented law abiding good citizens, having high level of values may question that why would anyone oppose a good intended amendment. Here is where the importance of fact checking matters the most. The report talks about 2,56,329 cases towards female assaults quoting National Crime Records Bureau statistics. Did they cheat you with the numbers… probably not.. Apparently, the numbers are slightly bigger as of 2011 reports

Category

Cases Reported


KIDNAPPING & ABDUCTION OF WOMEN & GIRLS

35565


MOLESTATION

42968


SEXUAL HARASSMENT

8570


CRUELTY BY HUSBAND AND RELATIVES

99135


IMPORTATION OF GIRLS

80


TOTAL CRIME AGAINST WOMEN (IPC+SLL)

228650


RAPE

24206


DOWRY DEATHS

8618

Total

261474

That much shows the numbers and categories. I haven’t made my point yet and that is to expose the truth that everybody knows. Yes, I mean it; everybody knows why the conviction rate is very less. Here is how…

Kidnapping and abduction of women and girls – Most of the cases that falls under this category are filed by relatives of women/girls who have made their own conscious decision to live with someone whom they chose as life partners. When relatives do not like that relationship or when they are unable to locate the missing woman/girl, they will file the case. Few days later after the marriage registration is done the couple show up but the case remains at the same state waiting for the legal process to complete.

A great deal of abduction cases are filed against fathers if the relationship is entangled in a divorce battle. This is done as way to take personal revenge or to ensure a bigger ‘settlement’ amount for the mother.

Molestation – It will be hard to finda kidnapping/abduction of women/girls FIR where there is no molestation charge in it. Does that warrant any explanation why someone kidnap or abduct a girl/woman? Again this is a divorce weapon widely used against fathers. I’ve first hand information from an NRI who is facing this charge for “molesting” his 2 year old daughter as part of his divorce battle!!!

Sexual Harassment – This is simply a made up category that comes under the penal provision “Outraging the modesty of a woman”. It is usually unable to prove unless there are multiple witnesses. But in those cases that i’ve reliable source of information, such a case is reported only when there are witnesses; in other words, when a normal human intimate relationship is witnessed by others, it becomes a sexual harassment case against the male partner in order to save the “modesty of a woman”.

Cruelty by husband and relatives – Up until the middle of the first decade of this century when men started organizing themselves against the bogus complaints and legal harassment this section was considered to be a widely accepted form of “cruelty”. Thanks to thousands of TV serials, movies and several hundred kilometers worth media columns of articles. The relentless efforts of men’s group and the studies they conducted exposed the startling truth that only 1.9% of cases in this category end up in conviction. More information is available in the book “Equality for Men – Myth or Reality” freely downloadable from www.internationalmensday.in

Rape – This is the most notorious crime that can ever happen to a woman. That is a general opinion until you go and do a study on the legal definition of rape. Recently Pune police reported that 74% of the cases that they deal with are consensual sex! Even though this comes from a crooked political party I was not surprised about what this leader said, 90 percent rape cases in Haryana are consensual sex, says Congress leader.

Dowry Death – Here i’m not commenting my thoughts but just copying what Delhi High Court chief justice Shiv Narayan Dingra mentioned while acquitting a mother in law from dowry death charges in Rani Vs The State of NCT of Delhi

Charges seemed to have been framed in a mechanical manner. No effort is seem to have been made by the Trial Judge either at the time of framing charge or later on as to what offence was made out.

  1. Every suicide after marriage cannot be presumed to be a suicide due to dowry demand. The tendency of the Court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck.

I have intentionally left out one category just because of the low number of cases and the likely hood of bogus cases are nil or minimal. If you have read the links mentioned above and double checked with other available sources of information you will see a big disconnect between what you see in corporate media and the reality. The figures shown and the arguments made by the malayalam daily were not untrue but when we know more about the factual truth it doesn’t add up. May be because the journalists are not subject matter experts or they are not given enough time to do proper analysis or they are not given enough space to cover the whole story, but either way readers/viewers are screwed. Still some questions remain unanswered

If number of reported cases are the indication of rise in crime as opposed to convictions, why do we need to spend crores of rupees in running courts and law enforcements? We could directly file the complaint in jail and they can put the accused in jail with no due process of law. So, are the crime rate increasing or the rate of false and bogus complaints increasing? How are we going to ensure justice for falsely accused? Don’t they deserve the right to live with dignity just because a tiny minority of people commit violent crimes?

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Folks, this is not a forecast, but real data based on studies and reports from the 100% feminized United States of America. Hope this  would be a great eye opener for those who get duped by the ideas that feminazis sell to you as “progressive”. This is an information age, and those who are uninformed are a serious national threat. Read on and do your own analysis.

    1. The United States has the highest divorce rate on the globe by a wide margin.  This is ripping millions of families with children to shreds.
    2. Without solid family units, more kids than ever are joining gangs.  Today, there are approximately 1.4 million gang members living inside the United States.  That number has risen by 40 percent just since 2009.
    3. There are more than 3 million reports of child abuse in the United States every single year.
    4. If you can believe it, an average of five children die as a result of child abuse in the United States every single day.
    5. Sadly, the United States actually has the highest child abuse death rate on the entire globe.
    6. Approximately 20 percent of all child sexual abuse victims are under the age of 8.
    7. In the United States today, it is estimated that one out of every four girls is sexually abused before they become adults.
    8. According to researchers, convicted rapists in the United States report that two-thirds of their victims were under 18, and among those cases 58% said that their victims were 12 years old or younger.
    9. Approximately 42 percent of all single mothers in the United States are on food stamps.
    10. Law enforcement officials estimate that about 600,000 Americans and about 65,000 Canadians are trading dirty child pictures online.
    11. An astounding 30 percent of all Internet traffic now goes to pornography websites, and the U.S. producesmore pornography than any other nation has in the history of the world.
    12. In the United States today, 47 percent of all high school students have had sex.
    13. One out of every four teen girls in the United States now has an STD.
    14. The United States has the highest teen pregnancy rate on the entire planet by a wide margin.
    15. One survey found that one out of every five teen girls actually wants to be a teen mom.

NB:- Please share it with as many people as possible

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First of all, I would like to show my sincere gratitude to all of them who supported this cause and spent their valuable time to sign the online petition. Even though the press complaints council website says that they do not entertain third party complaint, it is the success of our collective effort to be able to become a silent party in the case. I’m glad to let you know that Dr. Kalind took the SIF inoculation for the feminazi virus and jumped into this fight with all the vigor and spirit, as any person having the sense of justice would’ve obviously done. Here is the entire communication thread for your reference… (in continuation of original complaint) I hope this may help you in your future fight against MISANDRY

[PCC]

Thank you for your email.

Having conducted a search for the article in question, it appears that it is no longer available on the newspaper’s website.  I would be grateful to know whether you are happy for us to close your complaint on this basis?

[prassoon]

I sincerely believe that the damage has already been made, after having the article exposed to the public for over a week. Now the question that I set forth before the honorable Press Complaints Council is to decide whether or not to take any action against the wrong doers, if it believe so, so as to prevent such mistakes in the future.

Hence, with all due respect, let me express my unwillingness to close the complaint; and also I would like to take this opportunity to let the council know how eager I am, to hear the verdict.

[PCC]

Thank you for sending the attachment. For the avoidance of any doubt, can you confirm your connection to the story.

[prassoon]

Thanks a lot. I am a reader who got fooled by the article.

[PCC]

Thank you for clarifying your position.

The concerns you have raised relate directly to Kaveri Kapoor Parashar and Kaling Parashar, the subjects of the story. Given the nature of the story – which relates to the circumstances of their marriage and significant allegations of abuse by Mrs Parashar – it appears that it would be difficult for the Commission to investigate or understand this matter fully without the involvement of one of the parties. In addition, the outcome of a Commission investigation (whether correction, apology or adjudication, for example) would need the approval of the relevant party. In such circumstances, we would generally require a complaint from Mr or Mrs Parashar, or a representative, in order to take the matter forward.

However, if you believe that there are exceptional public interest reasons for the Commission to proceed with an independent complaint under the circumstances, we would be grateful to hear from you in the next ten days.

Once we have heard from you, the Commission will be asked whether it wishes to take the complaint forward. If you would like to discuss your case before replying please do contact us.  If we hear no more from you we will close our file on the matter.

If, at the end of the process, you are dissatisfied with the manner in which your complaint has been handled, you should write within one month to the Independent Reviewer who will investigate the matter and report any findings and recommendations to the Commission. For further details please use the following link:

http://www.pcc.org.uk/about/whoswho/independentreview.html

[prassoon]

I understand the limitations of the Commission and the practical difficulties of handling international disputes. My sincere gratitude for giving me an opportunity to provide further deliberation. In my humble attempt to show the exceptional public interest in the said news article I would like to submit before the Commission the following reports

I strongly believe, the widespread misandry and glamorization of false allegations without even giving a tiny bit of benefit of doubt, result in war against spouses. Irresponsibly written news articles like this, upon which the complaint is filed, amplifies baseless allegations even before a just and fair investigation is completed, generates gender hatred on a mass scale; most of those become a prime reason for skyrocketing suicides. By acting promptly with a complaint and pulling down the news article, may be I have saved one life, may be more.

Inviting public support towards this cause, I have posted an online petition showing the questions that I’m raising before the PCC. Please find this online petition signatures here http://www.change.org/petitions/demanding-stringen-action-against-misandrist-neethu-chandra-daily-mail-press-complaints-council-uk-please-take-action .

I pray before the Press Complaints Commission to consider this petition as having exceptional public interest based on the overwhelming public support, and also by taking into account of around 11,54,000 suicides.

NB: If any of the urls are not working or not readable or if the Commission wish to get anymore details on any of the matter submitted by far, given a chance, I will be more than happy to address that.

[PCC]

Thank you for your further submission.

The Commission has now received a complaint about the article from one of the first parties to the matter and is investigating it with the newspaper.

Nonetheless, thank you for raising the matter with the Commission.

[prassoon]

Thank you Sir. Sorry to bother you with questions…. Does that mean my petition is dismissed or clubbed together?

[PCC]

Thank you for your email. We are investigating this with the party involved, so we will not be investigating your complaint separately, but we will endeavour to inform you of the outcome if possible. As you will understand, for reasons of confidentiality this is not always possible.

 

 

June 26, 2012 – Here is the final update: http://www.pcc.org.uk/case/resolved.html?article=Nzg5Mg==

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A legislation which was originally brought in with a good intention to protect innocent women from dowry harassment is now being fearlessly misused by new age ill-educated women all over India with the core motive of “get rich overnight”.

It is a national shame and hard to agree fact that parents are taking broken marriages as an opportunity to cash out their daughters. This is not the only one section of the penal code that comes in to picture while cashing out daughters. Indian Penal Code provides various other sections like CrPC 125, Hindu Marriage Act, Hindu Adoption and Marriages Act and the latest being Protection of Women from Domestic Violence Act which can be used to have a free of cost living out of someone else’s hard earned money.

The western tactics to break down the family system and there by destabilize India has proven to be worked out quite well so far. A Startling 1689 cases in a tiny state like Kerala that too in just four months would tell the success story of this “get rich overnight scheme” .

Parliamentary committee is considering a petition by Dr, Anupama Singh, and law commission has called for public opinion based on standing instruction given by Supreme Court of India to make proper amendments to 498a in order to curb the menace of rampant misuse. This huge number of cases, in academically, economically and socially advanced state like Kerala which has a fabulous sex ratio of 1084 women for 1000 men, underscores the necessity of repealing this draconian law from the statute books once and for all.


All questions do not carry equal marks
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  1. Certain Article of the Constitution guarantees equality before law. Which article is that?
  2. Certain Article of the constitution guarantees special provisions for those who have certain kind of human organs. What are those organs?
  3. “A” has 3 sisters and 4 brothers. All are married and having 2 kids each. Now “A” married “B”. What can be the total number of accused in “B’s” dowry harassment suit under IPC section 498a?
  4. Choose all that apply
    a) less than 8
    b) less than 10
    c) less than 14
    d) greater than 32

  5. “B” works as a human resource manager in an MNC and makes Rs.45,000 per month. “B” has no kids and her husband works as a Government clerk and makes 25,000 per month. Answer all the following questions

    • Upon filing divorce how much maintenance can “B” claim per month from her husband under Hindu Marriage Act 1955?
    • Choose all that apply
      a) 15000
      b) 20000
      c) 25000
      d) 45000

    • Upon filing divorce how much maintenance can “B” claim per month from her husband under Hindu Adoption and Maintenance Act 1956?
    • Choose all that apply
      a) 15000
      b) 20000
      c) 25000
      d) 45000

    • How much can “B” claim from her husband under CrPC 125?
    • Choose all that apply
      a) 15000
      b) 20000
      c) 25000
      d) 45000

    • How much can “B” claim from her husband if she files a suit under PWDVA 2005?
    • Choose all that apply
      a) 15000 plus residence
      b) 20000 plus residence
      c) 25000 plus residence
      d) 45000 plus residence

  6. “B” filed maintenance petition against her husband “A” under CrPC 125. Since “A” is not a salaried person “B” failed to prove “A’s” income. Under this scenario how should a Judge take decision about “A’s” income?
  7. Choose all that apply
    a) Based on Orkut profile
    b) Based on Facebook profile
    c) Based on MySpace profile
    d) Search the internet

  8. “B” is unhappy with her marriage and had to live separate from her husband “A”. “A” tried for reconciliation and failing which decided to file divorce. “B” doesn’t want divorce neither she wants to stay with “A”. Under this scenario what order should Supreme Court give on “A’s” 17 year old divorce suit?
  9. Choose all that apply
    a) Obey your wife
    b) Obey your wife
    c) Obey your wife
    d) Obey your wife

  10. “A” and his wife “B” are working in USA for 4 years and they have a 3 year old boy child. Unhappy with his wife’s affair “A” filed divorce and got sole custody of kid in USA. Unfavorable verdict made “B” abduct the child and fly back home and later file dowry harassment cases against “A” and his entire family. “A” seeks help of Interpol to enforce the US court order and get the kid back who is a US citizen. Under this scenario what would Supreme Court decide?
  11. Choose all that apply
    a) Order CBI not to intervene
    b) Order 2lakh maintenance for “B” and kid
    c) Issue Red Corner notice against “A”
    d) Convict husband’s relatives

  12. A few laws in the rule books which were meant to protect women are getting rampantly misused by disgruntled women. Sitting government is doing nothing. Under this scenario what instruction should Supreme Court give to lower courts?
  13. Choose all that apply
    a) Force the accused for out of court settlement
    b) Give longer adjournments
    c) Reject perjury applications by accused
    d) Ask lawyers to create panels for settlement


Disclaimer: All questions are fictitious; if those resemble law suits in any particular nation, that is mere coincidence!

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Gone are the days when divorce was outlawed by most Indian communities. Now that the stigma has worn out, divorce rate of present century is soaring with an outrageous 350% rise in Kerala; most other states marking over 200% and Delhi been declared ‘The Divorce Capital’ as per various media reports. India is eagerly waiting for the 2010 census to see whether or not women beat the existing world record of filing divorce. The way Indian women outnumbered Americans in the number of women CEOs they outperformed in the matter of divorce as well. Previous census data shows 80-85% of divorces were filed by women where as only 66% of women instigated it in USA.

May be our legislators recognized this huge disparity and decided to maintain the social balance by proposing “irretrievably broken down marriage” as a ground for divorce; or else it could be our honorable power minister Sushil Kumar Shinde showing his power for his daughter Smriti Shinde. The same clause was proposed by the law commission way back in 1978 and several other law commission that came later also recommended it over and over again, the latest being 217th report in March 2009, but until now none of our minister’s daughter needed any divorce on this ground!

Most Indian women used to consider marriage as a ‘once in a life time’ activity, but now, what could have changed to twist the whole story? The BUMPER PRIZE! Yes the bumper prize that one could win if they break the marriage rather staying in the relationship. Various definitions of money like ‘alimony’, ‘maintenance’, ‘residence rights’, ‘child support’ etc seems to be more attractive to a fairly good number of women, regardless of their age, than immaterial things like ‘relationship’, ‘love’, ‘family’, ‘parenting’ etc. In order to achieve this ‘treasure’, all they need to do is to frame their husbands as ‘cruel’; and this is just a matter of making a local call.

One Delhi based businessman’s wife alleges even group sex with relatives and also claims that they have given 60 lakhs as dowry. Whether or not Muslim families in Delhi engage in those activities that are even new to liberal societies around the globe, is yet to be proven in the court of law!

Recently, a 65 year old man committed suicide in Taloja prison toilet after being convicted in a dowry harassment case filed by his wife! An average case in lower court would take around 5 years to get a verdict (not justice quite often). He wouldn’t have waited that long to hang himself unless he had strong confidence to prove his innocence. No sane person would think a man of that age would have fought for dowry from his wife.

Supreme Court Judge Deepak Verma while hearing a matrimonial case said “Married men should forget about their freedom”; in another case Justice Markandey Katju said “Do what the wife tells you and never question her authority; if wife says turn right, turn right and if she says turn left, then turn left”. If this is the attitude of our Apex court judges against men, what could this 65 year old man have heard from a lower court judge which led to suicide?

A couple of days ago Delhi high court Justice S N Dhingra ordered a husband to buy a house worth 18 lakhs for his wife in 30 days or else his bail will be cancelled and has to go jail. Here also dowry harassment case, IPC 498a, plays the major role. Those who are aware of the pattern of complaints coming in various NGOs across the nation, related to the misuse of these women centric laws, would consider the chances of criminal intimidation, blackmailing and extortion attempts which could have forced this guy to sign such an agreement.

In most of the cases when police arrest the husband and his entire family and take them to the station, the first thing that the cops do is to make them sign blank papers. It is not even a month old story that an 8 months old baby girl who was jailed in dowry harassment case died due to inappropriate medical assistance when she fall sick. Those who have never even seen the corridor of a police station until marriage would get scared of manhandling and succumb to whatever they are asked to do, to avoid all sorts of abuses and ill treatment.

Lawyers and women organizations including National Commission for Women say abuse of the legal system is woman’s right as they want fair settlement. Introduction of a new ground for divorce is going to accelerate the pace of abuse because at present the only threat for abusers in this extortion venture is not getting divorce until all the fabricated litigations are closed. The new clause will make this government sponsored legal terrorism fail proof. This is the era of Ayesha Siddiquies and the question what remains is, as what the title says, who is the next one to get harassed?


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