Wednesday, February 15, 2012

1995 prediction by Justice M.L.Pendse of Bombay High Court on IPC 498A misuse


Newsletter of RCWS- Summer issue, 1995 Vol 16 No.1. Written in the Editor's Corner. Here is the link: http://rcwssndt.org/newsletters.html ..just click on the right hand link to picasaweb and view 1995 newsletter. Funny how they must be eating their own words as of today...I wish that Justice ML Pendse is alive. The joker feminist organisations. Here is what is written in the newsletter :- 


The prejudiced statements against women by a senior judge of the Bombay High Court, Mr.Justice M.L.Pendse at the valedictory function of a seminar on Criminology organized by the Department of law, Bombay University and the Greater Bombay Legal Advice Committee in the last week of March have disturbed many women in Bombay. The judge remarked that provisions such as 498A of IPC can be misused by the women causing harm to husbands and their family members. This anti-women remarks have far reaching implications for gender justice in a patriarchal society. Justice Pendse also wanted ......


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Check out this stupid story below; a mockery of the law and abuse of Indian courts: funny how the allegations pour out. I guess these kind of cases are the need of the day for entertainment of Police, Advocates and Judges. It is funny only if you are not party to the case and have an idea of this crap law. See how vague the complaint is. What is wrong if a husband asks his wife to pay for household expenses and even if he has loans ? Doctors from the USA - do they need money for household expenses ? 


Common trend is file IPC 498A (criminal jurisdiction) in India so that case drags on for >10 years and then file Divorce (civil jurisdiction) in USA or foreign country, so that she can get divorce in 6 months. Choosing your jurisdiction according to the womans convenience. These are the kinds of women who need to be put behind bars permanently. 



A US-based Indian doctor has filed a criminal case against her husband, also a doctor in the US, for allegedly harassing her to sign divorce papers against her wishes or else pay $2.5 million. The complaint was filed at the Palam Vihar police station on Tuesday. Dr Shikha Sharma, a gynaecologist, was working with Dr Srikant Das, a paediatrician, at AIIMS.
The couple got married at Bhubaneswar (Orissa) in 2006. They later moved to the US for professional growth.


“Sharma’s family spent lakhs of rupees on the wedding. The Das family has been making dowry demands,” alleged Satpal Yadav, Sharma’s counsel.


“Das often demanded money from his wife. He used to ask her to payback his loans. He also took blank cheques signed by her stating he had to pay household expenses, but instead sent the money to his family in Orissa,” alleged Yadav.


A copy of the complaint has been sent to the US Embassy by the counsel. A reply is awaited, said the counsel.


Sharma, in an e-mail message, said, “He is harassing me for dowry and threatening that I either give him the amount or sign the divorce papers. I also want to save my marriage. He often throws household objects at me.”


Meanwhile, Dr Das could not be contacted for comments.


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The institution of marriage itself is gradually being put to test in contemporary Indian society with IPC 498A kind of laws, more so in urban pockets. More couples than before are opting not to tie the knot, preferring to simply live together instead. Cohabitation is common in a small number of advanced societies, some of which - like the Scandinavian countries - give live-in couples the same rights as those who are legally wed.

Marriage, therefore, is often a mere formality, or a matter of choice, in such societies. However, the reality in India is different. Due to a combination of social and religious factors, as well as the absence of safety nets and welfare, marriage is still an institution that is preferred over any other form of union. It is the fundamental relationship around which families are built and lend stability to social structures in India.

That said, it is crucial that we recognise the changes that are taking place. Instead of ruing the loss of old values, we would be better off gearing up for new realities. That includes updating our laws and social attitudes.
Add not fire to fire.
Do not throw the arrow that will return against you.
Beggars can never be bankrupt.
You can bear with your own faults, and why not a fault in your wife/husband?
Better an egg today than a hen tomorrow.
The child who gets a stepmother also gets a stepfather.
Where there is dowry there is danger.
Anger can be an expensive luxury.
The bachelors crave to get married, and the married ones regret why he got married.
O daughter, I’m telling you. O daughter-in-law, listen to this…..
Pray one hour before going to war, two hours before going to sea, and three hours before getting married.
Even the moon has spots.
It takes time to save time.
Comment is free but facts are on expenses.
It is wise to keep in mind that neither success nor failure is ever final.
Readers are plentiful, thinkers are rare.
It is not whether you get knocked down; it is whether you get up again.
There are times when silence has the loudest voice.
Do not wait for success, go ahead without it.
One does not learn anything that one does not love.
When there is no enemy within, the enemies outside can not hurt you.
Do not look where you fell, but where you slipped.
To know the road ahead, ask those coming back.
If you bow at all, bow low.
The day you decide to do it is your lucky day.
Proof rather than argument.
Where you cannot climb over, you must creep under.
Faults are thick where love is thin.
It is harder to kill a whisper than even a shouted calumny.
BE THOU AS CHASTE AS ICE, AS PURE AS SNOW, THOU SHALT NOT ESCAPE CALUMNY.