Judgement Madras HC in CRPC125 - Stop Treating husband like Armless Soldier.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2017 CORAM THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN RESERVED ON :07.07.2017 PRONOUNCED ON :.14.07.2017 CRL.RC. No.276 of 2013 and M.P.Nos.1 and 2 of 2013.

At this juncture, it is to be stated that the trial are not to treat the husband like "armless soldier" and pass the maintenance award in on Mechanical manner.

While, arriving at quantum of maintenance for the wife and children (in maintenance proceedings), it is stated that Family Court (Judicial Magistrate Court dealing with the issue) as to take the entirety of the circumstances of the financial liability of the husband.

Admittedly, while arriving at the maintenance award for wife and children, the attitude of the trial Court especially, the Family Court awarding amount more than 2/3rd proved income is deprecated. Furthermore, it is to be stated that the fact that a husband who is a son to his father is liable to maintain the aged parents (in many case senior citizens) cannot be brushed aside lightly.

Besides, the moral obligation, there is a statutory obligation cast upon the every son to maintain the parents which is also falls under Section 125 of the CrPC and therefore, the trial Court ought to have weighed the entire circumstances as placed before the Court and to have reasonable assessment financial burden on the shoulder of the husband.

Thus, while awarding the maintenance in favour of wife and children the Court should take into consideration his responsibility to look after the aged old parents, since the husband has been fastened with statutory objections to look after and maintain not only his wife but also his parents under the very same Section 125 of CrPC.

Full Judgement : ( Click Here ) 

Swarup Sarkar and Amit Lakhani on SC Judgment on 498A Misuse

Stop Abuse of Boys from WCD's malicious proposal

Crime done by Child is not UN-common , but after all consideration , UN had made rule instead of punish them like adult , such child to be reformed as their development of Brain is still under construction. Many child get abused , ill treated , forced to Child labor , their child hood had been taken away by our society , we failed to provide a basic home to many home less child . 

Cores of Fund , shelter home provided under WCD , but the same never taken seriously that if a Child had done any crime , means it is our society failed to reform him or able to provide the necessary education to them and such child instead of punishment to be send to reform home or school and bring them in flow of Normal society .

Photo by Mark : Stop de-humanizing Men or Boys for their Gender

Now for well fare of child in India also have a ministry , but it is clubbed with Women and termed as WCD ( Women and child department).

We had witness several time , WCD failed to do the real welfare of child and now the most in-human act they are doing is abuse the boys by various fake cases.

A 40 year old women and 17 year old boy have some physical relation , the whole world term the women as rapist and send her to jail, but in India , it is the Boy termed as rapist , which WCD failed to understand. 

Save Family Foundation and their associated organizations had cautioned about the loop hole in anti-rape law, where the consented relationship had been converted to rape cases and increased the rape statistic in police record. At a time when various court asked:  “Tougher rape law leading to increase in false cases?”

When Gujarat CM termed the poor uneducated boys as Rejected mall , as a WCD minister she had preferred to keep her silence , proved beyond reasonable dought, she had no concern for child in the form of boys in this country and totally doing injustice to lacks of Homeless Child's of India.

Unfortunately the same facts and figures could not get into public and before that came another burning issue pertaining to Juvenile crime.

Minister for Women and Child Development Maneka Gandhi advocating treating juveniles accused of heinous crimes like rape on par with adult offenders.

She said according to the police, 50 per cent of all sexual crimes were committed by "16-year-olds who know the Juvenile Justice Act so they can do it." But now for premeditated murder, rape, if we bring them into the purview of the adult world, then it will scare them.

We have already filed so many objections stating the facts and figures of gross misuse and utter neglect of the WCD ministry in addressing them. However, when it has become eminent to the world that that the sections of law which were formulated for the protection of women have been grossly misused, the WCD has got no options to turmoil the brains of society addressing with new agenda and in short “ABUSE OF BOYS”.

WCD minister came out with a proposal by citing a totally malicious, unclean hand, hiding the real fact of statistics without applying any fair thought, behind such statistics. Does WCD unaware that any consented relationship with a girl’s vs Boys aged below 18 years , by default the boy had termed as rapist and the same added in rape cases statistics ?

We would bring to notice of WCD : When any girl or women have any physical relationship with a boy aged less than 18years, do you term the same as rape?

If the answer is no, then why a Boy had been termed as rapist by you, when he had any physical relationship with any girl aged less than 18 years?

WCD citing the report of Police that more than 40 % cases boys are involved, without any court order, how can she term all cases as true? Why she ignored the same police report when it had says more than 90% cases are mutual consent only, which latter converted to rape?

Instead of dealing with the figures of misuse and work on it, they are preparing another platform of misuse. This can be clarified with the simple example.

A boy and a girl fall in love in a co-ed school. They had some intimate sharing with the consent of each other.  Later the girl’s parents file a rape case on the boy. This innocent who has no count of IPC and CrPC is rigorously punished. Is it justified? Even when the police figures clarify the same as 90% of cases of juvenile rape are actually a consented sex, Maneka Gandhi is hurried to get Juvenile law amended.

So, the formula used by all radical groups along with WCD, first create a loop-sided Rape LAW by which massive false/fabricated cases can be filed to increase the statistics crime against women and then again demand to amend further law saying crime is increasing, crime is increasing.

The cycle continues and the crime against women never gets reduced and their demand/funds never get stopped.

We have severe objections and lay it down as below:

• If Juvenile Law can be changed, change age for passport, driving license and bank account, etc. If a child can be termed as adult, as he has committed a crime which he doesn’t know, then in general a juvenile can be termed adult for all these.
• If juvenile can be termed adult, why shall he not given voting rights at early age.
• Age for consensual sex, drinking, etc to be reduced.
• Age for marriage and conceiving is to be reduced as the juvenile is matured enough.
• There have been numerous cases where boys have been used as a toy for pleasure by some nymphomaniac, however no such protection of child exists. Such acts should also be considered heinous and such women termed rapist.
• WCD ministry has failed to curb the menace of child labor which has risen by 6% in a year for boys and is at its Apex, but is ready to turn a juvenile an adult bypassing all the biology doctors’ study for years. This clearly indicates their soiled intentions and unclean hands towards ABUSE OF BOYS.
• Before implementing the amendment, it must be ensured that juveniles know all the 511 sections of IPC and 484 sections of CrPC, which Meneka Gandhi assumes that a juvenile has knowledge before committing such a heinous crime.

With all the above, it is quite eminent that the WCD ministry is not capable of handling child issues in a gender balanced thought process and thus the Women and Child Development shall break into two different entities.

The Supreme Court and various high courts have often stressed on the need to check the rampant misuse of such gender biased laws, basis this Maneka Gandhi has come up with new solutions of breaking families and promoting misuse and targeting boys only with hiding the real fact to hide their own failure to provide a safe, healthy education to poor Childs.

In a country the Child labor is banned, but every year 6% increase of boys in child labour, but WCD had not taken any corrective action, on the other hand the Sex between girls vs Boys below 18 years not banned, but WCD want to term boys rapist for a consented sex also.

Save Family Foundation, along with all their associated NGO all over India, once again demand to Prime minister to immediately stop such malicious act by WCD by separating the Child ministry from present set up as they had no concern for poor, uneducated boys or we should be ready to pay a heavy price as such step will increase only heinous crime in society, as we witness earlier also.

Who is more possessive a wife against her husband or media Journalist against men?

Stop Abuse of IPC498A act in India

Many common people unaware the fact of IPC497 , for a wife even adultery also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.

Any allegation by a wife against husband to be considered as TRUE irrespective the same is true or false. Same way a Case was registered against a Husband, that his wife suspects his relationship with another women in his office , so she suicide.  There was no evidence to that aligation or ill treatment to her , but our great law booked him under 498A , 306.

More surprise the lower court and high court also termed him as wife killer .

The person have to suffer all trouble legally, socially, have to run pillar to post to get bail and spend months in Jail without any investigation as 498A is non-bailable and at last SC found , he is not Guilty , but who will compensate him for the incorrect Judgments of Lower court and high court ?

 Writing a judgment for the bench, Justice Radhakrishnan said to charge a husband for abatement of suicide, the prosecution must establish that the wife's suicide was a direct result of the extra-marital affair.

"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.
"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.

Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth."

Just for a moment if the case had been reverse, like a Husband suicide with a suspect that his wife had relationship with other men at office, will a case will be registered against the women?

      Sorry to say the answer is a Big No , as neither 498A or IPC497 applicable for Women. LAW commission had asked to make the adultery crime for both gender , but our LAW makers had not taken any action and NCW even further go ahead with amended in CRPC125 , that a women should get maintenance from husband in spite it had been proved she was living in adultery, as they changed the word "Lived in adultery" to "Living in adultery".         

Means a women can lived in adultery, husband proved in court , but after few months she can come back and say , now I am not living in adultery and claim maintenance under CRPC125 again.  

For Indian men, it does not matter, irrespective the allegation is true or false, not only you, your mother, sister, age old father will be thrown out of your own house under DV act, just one line complain by your wife.   

But some of our media Journalist are so possessive for any judgments in favor of men they also can't digest and as soon as the judgment passed they write :

Adultery is not cruelty, Supreme Court says. Times of India.

They twist the fact that SC said passiveness of a wife for Husband and without any evidence of adultery of husband can't be a ground for Cruelty.

If they had not Possessive against men , then they must have highlighted how a men had suffered in wrong 498A cases as his wife was possessive against him  without any evidence.

Merely being "intimate" with another woman is not sufficient ground for a man to be held guilty of inflicting cruelty on his wife on the charge of failing to discharge his marital obligations, the Supreme Court ruled on. 





If a Husband had done adultery the same is Punishable as per IPC497 , but how can the same can be a crime when there is no evidence of his wrong doing or ill-treatment of wife under 498A?

Yes the great law 498A is there where you can book any TOM/DICK or Harry and even lower court/high court convect you on mere assumption a crime which You had never done.

So, the question arise who is more possessive  a wife against her husband or media Journalist against men?

Every Men in India are under high risk of #Fakecases at Home, Office, Road due to multiple anti-Men #Unfairlaw - which became Blackmailing/Extortion Tool. To survive or #FightBack knowledge is Key. Law is not any rocket Science. Buy & start Read Law Books Now!

#CrimeByWomen : A Women grab via @ShaadiDotCom 1st Husband -1crs, 2nd Husband- 45 L & 3rd Husband dumped- run away to US . It will never termed as #Dowry case & no girls family member be jailed. @NCWIndia head @sharmarekha prefer to ignore #Golddiggers https://t.co/XaPzRtJw1X

— SwarupSarkar (@swarup1972) August 8, 2020