While other men of his age eagerly anticipate the retirement years or enjoy the company of their families, Mohanlal Gupta (56) pores over piles of heavy law books. The former IITian is not studying to add to his skills, but out of a humane necessity to save men and families troubled by scheming wives.
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We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc
I thank ‘Sakal Publications’ for expressing my views and repeat my vow to keep fighting this social menace in the indian families till my last breath. May the Almighty God give that strength. I hope for support from all quarters.
There are thousands of such harassed men along with their families. See below for more inputs.
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See a judgement by Supreme Court about misuse of IPC 498a, terming it legal terrorism: http://at498a.blogspot.com/2008/05/sc-citation-for-legal-terrorism-writ.html (Original link in government site: http://www.judis.nic.in/supremecourt/qrydisp.aspx?filename=29439 ) Excerpts are quoted below:
” But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bonafide and have filed with obligue motive.In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial.”
“But by misuse of the provision a new legal terrorism can beunleashed. The provision is intended to be used a shield and not assassins’weapon. ”
” Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation withinthe existing frame work. As noted the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not assassins’ weapon. ”
There are two categories who do not get justice in implementation of these laws(for women protection, ie. IPC 498a , Protection of Women against Domestic violence Act(DV act in short), Prevention of Dowry Act, etc.)
The first category who do not get justice is the original benefactors of these laws themselves, the genuinely victimised women- Police or the so called Women welfare organisations, do not even entertain complaints(for example they do not register FIRs) nor investigate the facts, if they feel they do not see the scope of getting money from either the complainant or the accused(wife or the husband respectively).
The second category who do not get justice is the accused in case of false cases, which are initiated without proper investigations , this is done with a view to extort money from the accused, or to make them submit to the terms of the false case’ complainant(s).
In the above process Police and other authorities like CAW(crime against women cell- prevalent in Northern India), Vanitha sahaya vani, NCW, blatantly dis regard guidelines of arrest, rights of the accused, other guidelines spelt out in landmark Supreme court judgements(http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html).
IPC 498a: Unlike in other criminal cases, one complainant
Gupta ji is an example to young generation.
498a is a biggest source of elder abuse in india and I don’t know and how our stupid law makers will understand.
I am sorry to calling you stupid, law makers, I am helpless.
Ram Balak