Deadly maintainence law-nail in the nearly dead false 498a harrased man.

Recently I met one of my childhood friends. We met after almost 15 years; I was very shocked to find my friend changed a lot. He used to be most active guy in both studies as well as in sports in our class during school days. But that day I found him very dull, depressed and spiritless. I tried to ask the reason but he ignored and quoted, “Bro marriage makes you change” We both laughed at this and we concluded when I would get married I will understand.

But I didn’t understand what really he meant, realized it few days later when I was passing through a road near District court. Finding him standing in the court campus I stopped and approached him. He was busy talking to a lawyer, I didn’t disturb him but when he finished we started talking. I was shocked to know that he was there for his three cases due to his marriage. We went to a nearby tea shop and he narrated me the whole story.

He got married in May, 2012, it was an arranged marriage, at that time he was working with some US company as a Marine Engineer. Happily he went for honeymoon in Switzerland but things started getting worse in his life. The day he came back from honeymoon his wife left home and filed complains of dowry harassment, domestic violence on him and his whole family. 

It was shocking to know the allegations that he demanded a car and five lakhs of rupees; it was hard to believe as a person who earns more than a lakh per month why he will demand five lakhs. He already has two cars at home but he told nobody will believe this because our law presumes every statement of women as proof in 498a IPC. He was in New Zealand when case was registered and got arrested when he came back, spent 3 days in jail. Lost job and struggle started. 

I asked him what she wants so he told about CRPC 125 case, the third case he have. She has asked in it total eighty thousands per month for maintenance. I was shocked to know and asked how you will pay now as you are unemployed from past three years, he said this is law I have to pay anyhow. 

Today she filed recovery of all amount in court and court warned me to pay or else go to jail. Getting confused by all facts I asked him do she want to live with you or not, he replied, “Yes, as per her statements in court”. I got confused more, was thinking if she want to live why she filled all these criminal cases on him and his family or if she don’t want to live why she didn’t opted for divorce. 

Finding me puzzled my friend started explaining the “Game of 498a-DV-CRPC125-HMA 24/25”. 

He explained.

This is a game of extortion, biased laws and women empowerment. No punishment is there for false cases as most cases only gets acquittal only. It starts with allegations of 498a IPC which says cruelty on women by husband and his relatives is a crime, no proofs required to register a case, only allegations of woman are more than sufficient. Cruelty is both physical and mental. It is a non-bailable offence means accused will be arrested and only can get bail from court on submission of two persons as securities of certain amount. Many due to fear of arrest surrenders to the demand of girl’s family and pay huge money and settle out of court. This is why our Supreme Court termed it as “Legal Terrorism”. Those who couldn’t pay get arrested and case starts. 

I asked, “Do police investigate these matters or it directly goes to court? ”.

Shocking was the answer, “Police enquiry or investigation makes no difference as they copy paste the application of woman and file charge sheet in 94% cases and it goes to court”. After it charges are framed and trial starts. Domestic violence is another case filed with it which says any mental or physical violence with women is an offence. 

I interrupted and asked, “Isn’t violence and cruelty same as both are talking of mental and physical cruelty, then why two different case for same?”

He explained domestic violence is a different case, 498a case assures the arrest of accused but no arresting happens in DV, it is like a civil case, but it assures cash flows to women. 

I asked, “How?” 

He explained there is provision of interim payment and ex-parte for the wife if judge finds deems and proper, there is no fixed criteria for this and totally depends on judge. I asked, “In that case it totally depends on how well you draft your petition to include the necessary ingredients” He said “Yes”.
I started fearing of these biased laws but tried to show some smartness threw lot many questions to him.

“What if you fight your 498a case and wins or get acquittal, it will solve your problem?”
“Isn’t it better to file divorce and get free from this all”?
“Give proofs to the court that you are unemployed and unable to pay”

My friend smiled and said “Yes, but you will be out of 498a in 12-15 years, if you file divorce then your wife will file Sec 24 HMA for maintenance and Sec 25 HMA for half of your property rights, no conditions on how many days you have been into marriage and your last questions about proofs of unable to pay are not considered in court as it is your duty as per law, even if your wife is adulterous”

I asked, “So don’t give divorce why not just focus on your cases and win them soon?” 

He told me about CRPC 125 which says you have to give maintenance to your wife or ex wife, and again it works on principle of “Women never lie” so interim is paid on her submission. This means if she alleges you earns 2 lakhs a month so 1 lakh will be given to her, no matters truth is that you earns only 20k per month. These all cases on me and I am fighting from 2012, three years have passed.

I started understanding the gravity of problem straight asked the important point, “At what stage is your 498a case, it must be at cross questions stage?” He told charges were framed on the next date when I got bailed out but from that time opposite party is just lingering on the case and not coming for the evidence and recording of their chief statements, cross comes far later in stages of CRPC. But they assure to come in CRPC 125 and DV case so that cash inflows come to them. Today judge issued me the warning to pay otherwise warrant will be issued to arrest and send me jail. I pleaded a lot that I am jobless from 2012 and earning my living by sitting in a shop which pays me just six thousands a month and I am unable to pay such a huge amount as my savings are exhausted due to these cases, but judge didn’t agreed and ordered me to pay as this is what law says.

“Why don’t you go and challenged the lower court order in High Court?” I asked.

If you go there they usually first assure the half payment and then listens your case, my plea is pending in the High court and opposite party is not responding to it so it will remain so. The order which I got from this lower court says that I am jobless from 2012 and both parties agreed to this but since the condition of being jobless doesn’t decrease the capability to earn so orders me to pay Forty thousand per month with arrears till date. This amount comes to be 14 lakhs 40 thousands. And now I am in a situation to go to jail because whatever I earned before marriage is spent in expenses in cases.

I was shocked and silent at that point. After a long silence I asked him, “Is there any way?” 

He told there are two extreme ended ways one is you surrender at the starting by paying to the extortion or you fight and struggle like I am struggling. The second way is very difficult and long way and situation like todays makes you weak but it depends on you which way you choose. Many opt to suicide finding themselves helpless, every year approximately 64 thousand married man suicide and according to last year statistics of NCRB this number was 59744.

I was speechless and asked him, “How you are fighting?” 

I felt ashamed of this question as if I was asking how he is alive, but the answer he gave confirmed me that it was right question every man living in India should ask and must be aware to save himself from this mesh of biased laws.

He told he is with Save India Family which works for distressed men, it also have a helpline called SIF One-08882498498. In 2013 number of married men suicide was 64 thousand and it went down to 59744 due to SIF and I am one of those who were saved.

I saved the number and wished him good luck and departed. But the turmoil started inside my mind is still there. Are we living in a country where men are like an ATM machine and his life has no value? Is marriage is such a big crime he did that he suffering that much? We spend crores on women empowerment and biased laws but there is no law for men and surprisingly no place where a man can go in distress. Thanks to SIF that they are helping but government must look into this and act accordingly.

(Views are personal)