I am an NRI. I would like to draw your kind attention to the extreme abuse of anti-dowry IPC Section 498A with my case. I am among many of the hundreds of thousands of people whose entire innocent family was tortured due to a false complaint from my wife. We went through severe harassment and extreme stress after being held in police lockup and jail without any ground of proof and these people were assumed guilty by law. Is this justice to innocent senior citizens of India? Please go through what happened to my innocent parents and brother after 14 months of separation from my wife. I hope necessary actions are going to be taken to prevent the misuse of any law. These incidents are now very common and many people are suffering because of such blind laws.
I have been working as an IT professional in Australia since the last seven years. I completed my education (MCA) in India and have been in a good job since then. I am currently in Sydney. My parents are living in Faridabad. I got an arranged marriage fixed in India in Oct, 2001 and sponsored my wife, PS, to come over to Australia (on permanent residency visa) to live with me. We stayed together for eight months and during that period I found her to be extremely dishonest, disloyal, unfaithful, a big liar and greedy for money and it was obvious her intention to marry was just to come over to Australia and for the money. She had been asking me to sponsor her brother to Australia as well and to bear all his expenses on his education and living. There was no love or commitment though I tried my best to compromise with the situation and have excused her on all occasions assuming it may take time for her to adjust.
We went to India in Oct, 2002 and there she created a lot of trouble by creating misunderstanding between brothers, their wives and started stealing jewelry and cash from home to take it to her mother’s place, and has been using vulgar language about my mother and brother. Then she was involved in a horrifying crime by secretly stealing and destroying the passports of my younger brother and his wife. They are living in USA and were also on holiday there. My brother is working as a software engineer in Chicago. She did it just two days before their departure and my brother’s entire career was in danger as he could not go to USA. It is a long process to get the new passport issued and then to get visa processing again. It was mental torture for all of us. It was not known where the passport had gone until three days later when the time came for me and my wife to come back to Sydney. Our luggage was packed it was just five hours before our departure when we were getting ready I found a trace of torn passport photo inside the toilet. It took me no time to understand that it was her act. I had to postpone our return to Sydney. I called my father-in-law and sent her back (Nov 2002). I have all the proofs with me that she had damaged the passport. She tried to torture everyone in the family by her cruel and criminal acts. I then came back alone to Sydney in extreme stress.
I regretted a lot marrying and loving such a stupid girl. She contacted me many times after that and asked me to call her back to Sydney. But her intentions were still clear. I cannot live my whole life with her. I am an Australian citizen and by the Australian laws (validated by Indian law as well) I applied for divorce at the earliest possible date and sent her a notice on 16 Dec, 2003 in Gujarat, where she lives. The notice was received by her. Later, on 14th Jan, 2004 police and lawyer from Indore came and arrested my aged parents and my youngest brother who lives in Faridabad and within few hours took them to Indore. They have to get me as well but since I am in Australia, they can’t arrest me. My wife had filed a false case of torture in dowry case under section 498A in Indore (though her residence is in Unjha, Gujarat). She falsely accused us of beating ad harassing her for dowry. She has accused us falsely after 14 months of separation upon receipt of the divorce notice. She didn’t even mention the fact, the real reason why she was sent back to her father’s place. Rather she said that she came back herself, though I have enough proofs for my claims.
She committed a heinous criminal act, still being decent we sent her back respectfully with her father when we separated. If we would have been strict, we could even have got her arrested for destroying passports. But still we respected her being a woman.
It was brutal torture to my innocent retired aged parents and my innocent brother. Without any notice they had to travel from Faridabad to Indore in police custody for three days, a distance of about 900 km in police vehicle. My mother is a heart patient and is under treatment. She was extremely exhausted; it was a big risk for her. How can police come and arrest and torture anyone just on someone’s fraudulent and false allegation. Later my elder brother had to go from Rajasthan to get them released on bail on 16th Jan, after spending one night in lockup and three days in police custody.
My parents have lived a very clean and respectful life but now have to see such days. It is a big slap on Indian judiciary that they can destroy anyone’s dignity and can prosecute without trial. There is no respect for senior citizens who have served the country for their whole life. At the same time the legal system has blind faith on crook, cunning young married women and their parents. I am feeling dismayed. My aged parents and brother had to suffer who had nothing to do with my wife. My crook wife and her greedy parent’s aim is to extract a lot of money from me.
As a figure in India, almost 90% of such cases are dismissed by the court after find the case as malicious, but there is no punishment for making false allegations. Almost all the divorce ends up in 498A, where the reality is that dowry is not practiced and hardly women are harassed in educated, well earning family in urban area. Lawyers and police are making big money by trapping innocent citizens.
She was successful in getting a complaint lodged at Indore and the police from another state came and arrested my parents and brother without permission of local police in Faridabad. Also a copy of FIR has still not been handed over to us. In the ongoing crises my aged mother in India was admitted to a hospital with severe cardiac pain and abnormal blood pressure on 22nd Jan, ’04 while they had to arrange lawyers and plan the visit to attend the next date 29th Jan, with a notice of just 7 working days to be in Indore 900 km far from our place. My mother’s health is so severe that she is going to be operated today on 23rd Jan. Not attending will weaken our case. Who is going to look after my mother’s and aged father’s health? As I am also the accused in my wife’s complaint, I can’t go there in India as the police will arrest me. I am just helpless. As such there is no fair judicial or law system in India. It’s against the basic right to live with respect.