Part 5 by siff member : Dowry Prohibition Act ,You are an educated, hard-working, modern man who does not believe in thetraditional practices of dowry. Good for you! But let’s say that at your wedding,your wife’s family ( through their own free will ), decides to gift you a watch, flat,car, electronics, clothes, furniture, and/or any form of “Shagun”. Fair enough, it’sa gift that they gave you to show their love and affection. But then one day, youget a legal notice saying that your wife has complained that you and your parentsare dowry-seeking demons who forced her and her family to give you thosevery items as dowry! For extra effect, she might also add a few crores worth ofother imaginary items allegedly given to you as dowry. The law will blindlybelieve her and ask you to pay back immediately. Though you are completelyinnocent, it will take you approximately 7 years in court to prove your innocence.Everything that they give you (even forcibly) will be falsely termed as dowry demanded b y you.
10.3) IPC 406 One fine day when you come back from work, you realize that she is gone andhas taken all her jewelry and other expensive items from your house (includingthe ones you/your parents gave her). But then, you find out that YOU are slapped with section 406 for criminal breach of trust on misappropriation of “Istreedhan”.( Anything and everything given to a woman at marriage can be counted asIstreedhan ). Then some days later, your wife can come to your houseaccompanied by the Police to reclaim her items. Whatever she lays her finger on, Page 13 of 16 A Warning For Indian Bachelors the Police will believe it to be hers and take it away from your house – like coolies . You will not be able to do anything to stop this legal dacoity.If you yourself happen to be arrested under section 406, then you will not be ableto get bail as this offence is non-bailable. Most husbands victimized by themisuse of this law spend at least 1 month in jail on average for NO fault of theirs.It is almost too easy for a woman to get you and your family pronounced ascriminals – even though she is the burglar herself.
10.3a) Istreedhan Istreedhan is a traditional practice that was primarily meant to provide women with some level of economic security in adverse situations like divorce, widowhood, etc. Among Hindus, it is interpreted in various ways; in general,Istreedhan is defined as that portion of a woman’s wealth over which she alonehas the power to sell, gift, mortgage, lease or exchange—whole or in parts.Usually, Istreedhan is passed from mother to daughter, unless the womandecides otherwise. Any dues from her can also be recovered from herIstreedhan.Besides ornaments and trousseau given at marriage, Istreedhan also includes allthe gifts of money, property, jewelry etc. received by the woman before, duringand after marriage from her family, her husband’s family, friends and evenstrangers. It includes property inherited by the woman from her family orhusband’s family; property received by her under a compromise, adversepossession or in lieu of maintenance; property obtained in partition; and propertybought using proceeds from Istreedhan. However, gifts to the husband by the woman or her relatives will not be part of her Istreedhan. In the case of a working woman, the law under Section 14 of the Hindu Succession Act, 1956 enumeratesthat the property acquired by means of a woman’s earnings, during hermaidenhood as well as widowhood, is her Istreedhan.
10.4) DV Act Even if you, or any of your family members, make a light-hearted remark to herthat she does not like, she can go ahead and slap a DV (Domestic Violence)case on you. According to the Indian legal system, she does not need any proofto slap a DV case on you. Then she will misuse the DV law to obtain a ProtectionOrder/Residence Order to throw you and your parents out of your own house.She will be able to continue living in YOUR house (possibly with her boyfriend).In addition, she can make YOU pay her a handsome monthly maintenance to liveluxuriously while you are out on the streets grinding your teeth.She can conveniently use any definition of “abuse” to frame you as an abuser infront of the Police or the Judge. For instance, even name calling is punishableunder DV law! She will get away with fabricating all kinds of ridiculous storiesagainst you (e.g. you have been physically hurting, scaring, and harassing her),and YOU will have to prove your innocence. Furthermore, she can do all of theabove to your parents and family members as well . This DV act is NOTfor protecting males. Even if your wife or mother in-law slaps/beats you, youcannot do anything. As you can imagine, such a woman can threaten you into Page 14 of 16 A Warning For Indian Bachelors living like a dog in your own house. Unfortunately, this is quickly becoming thereality of most modern Indian marriages. Simply search on the internet for the DVlaw and you will be shocked to find out how prevalent it is.
10.5) Maintenance for wife under CrPC 125 / HMA 24 / Sec 22 DV She can ask you for maintenance under ALL these sections and as per recent judgments; you will have to maintain her at the same living standards that she was accustomed to before marriage or after marriage, whichever is higher. Ifyour wife is the greedy type, she may also ask to increase her maintenanceamount in case you get a salary hike even after years of separation! People haveeven been asked to sell their kidneys to pay maintenance amounts or else go to jail.
10.6) Alimony She will ask for the sky when it comes to Alimony. Since she will project her self as an ” abla naari ” in the eyes of the court, she is very likely to get what she asksfor. The demand of Alimony starts from a few crores these day for those living inmetropolitan cities. For those living in smaller cities, it roughly starts from 1 crore and finally depends on your ability to negotiate with your wife and in-laws. Youcan decide for yourself which category you fall into and what amount you mighthave to shell out in future. NRI’s are an easy target for extortion through alimonyand maintenance.
10.7) Adultery is voluntary sexual intercourse between a married person and someoneother than the lawful spouse. If you find out that your wife is adulterous, you cannot file for divorce JUST on that basis. For example, even if you found outthat your wife had a one-night stand yesterday, the court will say that “she WAS living in adultery” but she IS your wife NOW whom you HAVE TO support andmaintain. This is the case even if you catch your wife red-handed. The most you will be able to do is to file a case of Adultery on her paramour ( your wife will beimmune to any legal prosecution under the Indian legal system ). So, two men willfight while she will move on to someone else. However, you, being a man, don’tenjoy any such privileges. Heavens forbid, if YOU make the mistake of having anextramarital affair, she will cause all hell to break loose on you. She can file fordivorce, seek alimony and maintenance. You will lose your kids – if any, yourmarriage, social standing, money and other assets.
10.8) Child custody and visitation If you have been blessed with children, then be ready to be separated from them.Indian family courts are very biased and if the child is young, in most of thecases, custody will be given to mothers. You will simply be turned into a giver ofmonthly cheques with small “Chitrahaar” types weekly visitation rights.Remember, there is nothing more exciting in this world, than having a child that isyours, and nothing more tragic than having him forced to be a stranger to you