Saturday, May 13, 2006

 

A growing number of women are misusing anti-dowry provisions to harass their

http://www.india-today.com/itoday/18051998/law.html

A growing number of women are misusing anti-dowry provisions to harass their
husbands.


By Namita Bhandare


Ramesh Lal, 65, was going home. He had completed the check-in formalities at
the Indira Gandhi International Airport in Delhi, stated his meal preferences,
got his allotted seat and now looked forward to the flight back to London,
where he lives. That's when the police arrested him. "What's this?" asked a
stunned Lal. The policeman replied that he had orders to arrest him. "What's my
crime?" was the next logical question. "You are charged under Sections 498A and
406." That was a lot of jargon to Lal. The cold reality of the figures sank in
slowly when he realised he was being arrested for a crime he had no knowledge
of: harassing his daughter-in-law for dowry.


Section 498A of the Indian Penal Code (IPC) was meant to be a weapon of
empowerment for women. On the basis of a complaint filed by a woman, a husband
and his family members could be packed off to jail. A small step for the
abolition of dowry, a giant leap for the women's movement? Hardly. In fact,
since the section was introduced in 1984, the number of dowry deaths has
trebled: from 52 in 1985 to 151 in 1997. On the other hand, there has been an
unforeseen repercussion: use of the law to harass the husband and his family.


Lal's is one such case. Not because he could never have harassed his
daughter-in-law, but because she and his younger son had obtained a divorce by
mutual consent six months earlier. What's more, the ex-daughter-in-law had
signed documents stating that she had received whatever was due to her. The
complaint was dismissed once Lal established that his son's ex-wife had
concealed her divorce at the time of filing the complaint. But not before he
was forced to spend five nights in jail. Why did she do it? "I can't say," says
the retired government official. "She probably wanted to humiliate me and
extract some sort of revenge for a marriage gone sour."


The law has rebounded in a way never anticipated by legislators. Says K.C.
Jain, an advocate who's dealt with over 300 matrimonial cases: "It's supposed
to protect women, but nowadays, the law is being used against the husband and
his family."


The provision was made primarily due to the increasing incidence of dowry
deaths in the early '80s and the failure of the Dowry Prohibition Act of 1961.
But it hasn't helped much. In Delhi alone as many as 16 dowry deaths have been
reported till March this year -- that's roughly five a month and over one a
week. But complaints filed by women under Section 498A in the capital have also
gone up: from 222 in 1985 to 853 in 1997. This year, the Crime Against Women
Cell of the Delhi Police has already received over 120 complaints. Says Yamin
Hazarika, DCP in charge of the cell: "People are beginning to talk about these
things. Women are coming out in the open."


Though Hazarika acknowledges that a large number of cases registered with her
are false, she hastens to qualify, "Nobody comes here unless she believes she
is being harassed." Figures of misuse are hard to come by. It doesn't help that
the police inquiry is frequently superficial and there are allegations that the
police take advantage of their powers to arrest the husband to make a quick
buck.


Priya Aggarwal had been married eight months and was pregnant when her husband
died. Since she had invested Rs 2.5 lakh in her husband's business, it was
decided to settle things once and for all by paying her Rs 3.55 lakh along with
21 gold guineas. Her brother-in-law Vineet Aggarwal, however, says Priya has
already taken her jewellery and other possessions, which is denied by Priya.
So, when it was time to pay up, Priya changed her mind, filing a case under
Section 498A and claiming stridhan amounting to nearly Rs 25 lakh.


Women's organisations feel that a woman resorts to 498A only when she finds all
avenues of justice closed. "Sometimes," says Padma Seth, adviser to the
National Commission for Women, "a woman is left with no other way to make her
appeal heard." By law, Priya is entitled to half her husband's estate. It's a
claim that could take a couple of decades to settle in the normal course.
Whisper "dowry harassment" and things move fast: arrests are made, summons are
sent by the police and reputations torn apart. If the complaint is dismissed,
the woman is back to square one. She has nothing to lose. Often, lawyers egg on
their clients to use this section to get a better settlement; fix errant
husbands; send taunting mothers-in-law scurrying for cover; get leverage for
the custody of children; demand property rights. "You have to bolster laws
relating to women to avoid this," says Geeta Luthra, another advocate.


Nikhil Banerjee knew his wife was having an affair. One day, while his wife
presumed he was out of station, Banerjee, loaded with a camera, recorded his
wife's escapades. Armed with evidence, he filed a case of adultery and got not
only his wife, but the lover arrested too. She responded with a case under
498A. Eventually, the two obtained a divorce by mutual consent.


Advocate Kamini Jaiswal warns that with cases such as these surfacing, the
patience of the judges is running out, and it is the genuine victims who will
suffer eventually. But then, adultery laws too are discriminatory. Adultery is
punishable by imprisonment but only when the husband files a complaint. The
wife has no corresponding right -- not surprising, since most laws on
matrimonial matters were framed in the 19th century and no one has bothered to
update them. Maintenance is another matter that has women activists grinding
their teeth. Under Section 125 of the CRPC, a Hindu woman is entitled to a
maximum of Rs 500 a month. Custody of children often goes to the father. The
concept of marital rape is non-existent and often even reports of domestic
violence, which come under the general provisions of the IPC, are not taken
seriously. Says Nivedita M.V. Monga, project officer with the Multiple Action
Research Group: "Even the police tend to say, 'Yeh to ghar ki baat hai (This is
a family matter)'."


Ramesh Gupta, a criminal lawyer, says the law should be changed to recognise
that husbands too need protection. "There should be some provision under which
he can also make a complaint against his wife." But Monga feels the cases are
exaggerated. "Thousands of laws are being misused. Everyone is focusing on this
alone because a change in the power structure affects men." It doesn't say much
for the judicial system, but for some women misusing the law is their only road
to justice.


Some names have been changed to protect the identity of the persons.

Comments:
Very Very Long Post... but a EXTREMELY Good One.

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geeta luthra is a terrible lawyer. she basically takes cases on commision and misuses the law to make money. she is someone who gives lawyers a bad name. imagine working like a sales person on commision and using cases to blackmail for money.
 
NRI lost interest and respect for the place when recently got into this trap. Previously was visiting India regularly and also contrubuted at places of need. Totally innocent but now even scared to place information here with name and address.....simply because you never know what can happen. My life is valued by me and dont want it ruined by some thugs when such law exists in India. Can we please have more Gandhis from the politicians of India? Gandhi opened this employment.....that is Official Indian Politics. So let us give something in return to HIM please. UK Guy.
 
Indians

SOME VERY IMPRESSIVE FACTS ABOUT INDIANS IN USA !!!

There are 3.22 Million Indians in America

38% of Doctors in America are Indians.

12% of Scientists in America are Indians.

36% of NASA employees are Indians.

34% of MICROSOFT employees are Indians

28% of IBM employees are Indians

17% of INTEL employees are Indians

13% of XEROX employees are Indians

23% of Indian Community in America is having Green-Card'

Above information from an email

So why they went to USA in the first place?
Why so many more still want to go to USA and UK in 2006?
WAKE UP INDIA.
 
They used to say when you marry a lady, the 2 families also get married. The problems get sorted out by the 2 families. But remember now…..REMEMBER…..NRI guy and and others dont only marry an Indian lady from India but also marries the Indian police, who are the first ones to arrest you before you are found guilty. Why we blame the law? The law is there. The people who put the law in place are the ones to take the responsibility. So why marry an lady from India in the first place
 
FROM THIS 498A SECTION AND HOW IT WORKS, IT SEEMS THAT IT IS VERY VERY SAFE FOR AN INDIAN LADY FROM INDIA TO MARRY AN INDIAN POLICE-MAN, INDIAN MAN LAWYER, INDIAN MAN JUDGE. .....ARE THEY ALL PERFECT AND UNTOUCHABLE BY THE LAW???!!! AND IS THE REST OF THE MEN POPULATION UNTOUCHABLE BY THE WOMEN POPULATION???!!! UK PERSON.
 
I have a friend whose lawyer is Geeta Luthra. I was aghast when the lawyer suggested to my friend that she should not compromise and settle outside court but has full right to harrass her husband and family. Unfortunately my friend has fallen in this trap due to ego and anger. What these lawyers do not realize is that marriage is a relationship which no court can make or re-create. They should first act as counsellers and encourage the client for mutual compromise and not encourage negative, all consuming behavior. My friend has been fighting her husband and family for past 4 years and refuses to get on with her life. While the lawyer may have madea lot of money, my friend in the end will loose everything. Also I agree about Geeta luthra that she works on commissions and is notorious amongst the lawyer community. I have heard from umpteen lawyer friends that she ill advises the client, hampers possibilities of any compromise or settlement and asks for commisions for any out of court settlement. Can anything be done with such lawyers. They are as guilty as errant doctors. Also can our laws be a little balanced in their view and outlook. I feel that the las are only used by educated, self seeking women who actually have not been harrassed and the poor, less educated or less independant women continue to suffer.
 
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Geeta Luthra is indeed a shameless lawyer. she is out to make money on commissions after luring her clients to false promises only in the end to chuck them out knowing very well her case is weak. STRICT NO NO TO EVERYONE. WHEN COMES TO DIVORCE NEVER GO NEAR GEETHA LUTHRA.
 
Lawyers like Geeta need a Law passed against them. She eggs on clients to hassle thier spouses and in turn ruins the spouse's life with rubbish and false reports in court. Her reputation in courts is that she "Screams, Lies" and plays Dirty. Who cares how much money she makes- Money cant buy you happiness. Money made at the cost of someone's happiness is tainted. Best of Luck, Mrs. Luthra
 
Any Dumb says any thing about good lawyer..well about geeta luthra she is one of the est rank lawyers in India. Matrimonial she has done masters. who ever had written all this bull shit about Mrs Luthra, has to be the opposite party. U dumbs if u cant say good things about ppl stop using the disturb language about them.
"LOOSERS" ya thats wat u r .. who can only critisize
 
geeta luthra is a fine lawyer and is very sexy also.
 
geeta luthra is wonderfull lawyer, she is terror
 
fck u whevr says she works on commisson!i have seen her work as a government counsel at a post which can earn u crores with a single snap of ur fingers. she has never in her life taken a bribe. her honesty is commendable. she is an excellent lawyer.
 
Dear Sir/Madam,

After resigning from Egurus Solutions Limited on Sep 21st 08, i was told that my salary till date will be credited to my account by Oct 1st 08. However after checking my salary account, its not yet credited. After checking with the HR dept, i was told that my salary is put on hold as the company is going through losses and cannot afford to pay its employees. I find this totally accepted. Please help. The company details are below:-

Egurus Solutions Limited
CDC Towers
Plot No 10/8
Road No 5
Nacharam IDA
Hyderabad - 500076

Thanks & regards,
Mazdiyar Jilla
 
I am writing this out of experience. Believe me when i say that Geeta Luthra is an unprincipled, shameless, geedy lawyer who works against all norms of helping the court to administer justice. She does work on commission. Yes she screams in the court only to impress her clients, I have never seen her arguing the case on merits . The judges can see through her game. She sees to it that parties do not settle out of court. Her style and dogmatic approach is well known to the judges. So much so that, recently a sitting judge of the HC was constrainted to remark in the open court and addressing Geeta Luthra that she is an obsturction in the settlement of the cases out of court. when she protested the judge said even other brother judges shared the same opinion.

It is my sincere advise to the warring spouses that never ever engage Geeta Luthra to represent you. Beware.
 
Geeta Luthra is a Lawyer who not only harrasses the women client for commission from maintenance which the client gets as a right to live for herself and her children , but even merges with the opponent lawyer and extracts money from both sides and does not let the case come to a situation of amicable settlement.
 
Geeta luthra is a dark spot on the name of Women. She only works to make money and she sucks the max out of the Women Clients and then she ditches her own client by not going on merits of the case and taking huge bribes from the opponent counsel on the pretext that if she is bribed she would indeed herself not let the Women her legitimate rights for herself and her children.
 
Geeta Luthra will go to hell and she would be burned in fire for cheating her own clients for money. She has a habit of playing double games by showing her client the moon and on the other hand taking money form the opposite cousel/client and getting only a mole for her client.
She is sooo greedy that she even takes commission from her women clients for getting them their maintenance which is thier right.
I think lawyers like Geeta Luthra shall be punished so bad and people like her shall face the same problem with their own daughter which her clients face and and Geeta Luthra shall be given no mercy by God.
 
GEETA LUTHRA IS A DEVIL/CHURAIL.
 
Geeta Luthra works from 6 in the morning to 2 in the night, and so she has lost her mind. SHE IS TERRIBLE.
 
yup shes a mega bitch and a daughter shivani lohiya is a stinking whore
 
geeta luthra oh my god, she is not just bad she's the worst lawyer i have ever experienced she doesnt now any law she only know how to scream ... scream and only scream....and like said by some one else above that she doesnt argue the case on merits , she thought herself a money making machine by doing bad with everyone including there cliets she is a type of women who sell her mother and daughter at red light areaa for the sake of money . she show there clients by screaming in the court that she is working on the case and the truth is that she doesnt even know the fact of the case she is arguing upon and she is making fool out of the people and people if you dont believe ask any lawyer including the judge that what is her conduct in court and after knowing this i bet you will never give your case to this lawyer who is good for nothing just acting as a commission agent (dalli) between the parties for the sake of money she is a black spot among the lawyers
 
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498A is such a weapon of Indian Women. Lot's of women miss-use this section. Currently i saw one case very closely, one of my friend's wife register a case of 498A on her husband,Mother-in-law (Age-65), Father-in-law (Age-75), after 19years of their marriage life. In-fact her father-in-law is suffering by blindness, but she register a case against him. Did u want to know the fact? My Friend's wife have another love affair with her office colig, and my friend got that and he talked against her. That's the reason. But more over 200-300 local people of their area support my friend because they all know about my friend's family member. And they also knew then main culprit is My Friend's wife. But My friend did not get any justice because this section..?
Please think on it.. May be it will happen with U also?

Regards
Soumen Paul
soumenpa@gmail.com
 
Frankly, I feel bad for people who have to waste their time writing that Ms. Geeta Luthra is not a good lawyer. She is brilliant. It is because of her that my family is happy today and in fact alive today. She has a golden heart and will never advice wrongly. These stupid blogs are nothing to believe. In fact Ms. Luthra's stand on this particular topic is published (http://prassoon.sulekha.com/blog/post/2009/04/file-dowry-cases-against-husband-instead-of-divorce.htm). Without any comments from people who probably lost to her and are embarrassed by that fact. The sad thing about our society today is that a woman doing well can never be accepted by any man, or maybe it can as long as the woman is not doing better than the man. A woman cannot win. Well, all i can say to the losers is that you should get over the fact that you lost to her and applaud such a woman instead of cursing her and her family.
I wish you all the best because all this shows is how immature and petty people who lose can be.
 
It's so easy to attack a lawyer without considering the merit of your claim. A lawyers job is to advise and act for a client. It's up to the court to decide. Family matters are always acrimonious and any lawyer can advise a client to settle but can never insist on it. So why blame the lawyer for wht the client wants done!
 
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