My cousin was jailed for 3 days …You wont believe why
My cousin was jailed for 3 days…for pointing out that his wife was having a couple of extra marital affairs. Beat that!
What I am going to share is applicable for everybody in India. I urge everybody should read this start-to-finish at least once. This is the ground reality of India, much different from what we read in our books and newspapers.
The story goes on like this –
Brother doctor, his wife a software engineer had an arranged marriage. Some 6 months into the marriage, he finds clear cut and substantial written proofs that his wife was carrying on (before and after marriage) extra marital affairs with a couple of guys in her office.
Cutting the long story short, he chose to end the relationship and checked with some divorce lawyers in the area. As per at least 4 senior lawyers, in case a woman is unwilling, a man asking for a divorce from a woman will invite troubles for the whole family and he will be implicated in a false IPC 498acase. This section is a non-bailable and non-compoundable (means can’t be withdrawn even by the complainant).
As per Indian laws, while a man can be booked and jailed for adultery (IPC 497), a woman can NEVER be booked for adultery, she can only be an abettor in adulterous relationship but she can never be put behind bars even if you have the video of herself having hard core sex with a man/men!
(I don’t want to go into the debate of whether adultery should be a crime or not but whatever it is, the law should be equally applicable for both the sexes.
While a man can be jailed for adultery, a woman can never be jailed for adultery in India)
My brother chose not to pursue the contested divorce and rather tried going for mutually agreeable divorce. He tried roping in some of his relatives in between to get this done. Now, here comes the bummer – the lady’s family had put two conditions – Either pay them a Crore (around $200K) OR be ready to face the music.
Even for a doctor, $200k is a big amount in India. He chose the latter. (On another note, I guess the amount never mattered here, it was about principles for him since he was not at fault, it made no sense for him to part with his money.)
In India, almost all criminal lawyers keep a template of IPC 498a complaint ready with them. They just need to change names of various family members in that template and an FIR is lodged. In his case, allegedly he used to ask her 25 Lakhs ($50k) dowry.
When the police wallah (IO – Investigating Officer) landed up at his home, I was at his home incidentally. IO clearly said, without any remorse, that he could make out from the FIR itself that it is a false case but I have got orders from my higher-ups to prepare a charge-sheet against the guy.
The brother in the mean time met a lot of higher police officials with conclusive proofs of his wife’s extra marital affairs but all they could direct him was to show the proofs in court!
True to his words, the IO later had put lots of spices in the charge-sheet.
My brother applied for a ‘Stay on Arrest’ from High Court (HC). The judge didn’t allow his stay just-because-he-was-a-hus
He surrenders before the lower court concerned as advised by the HC and applies for bail. Now the court concerned again refuses to entertain his bail plea -again- just-because-he-was-a-hus
He was incarcerated for 3 days in jail!
There is such a rampant misuse of this law that some girls have made it their profession. The parties that get benefited the most in such cases is – Police and Lawyers.
The stats atreveal that 98% of the 498a cases filed are false. In urban areas – and especially among the educated women the extent of misuse is rampant.
When this false case was lodged, we tried contacting some media organizations but they are only interested in covering stories where a woman(read bride) is victim.
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