Welcome to Commando Training Organized by SIF Delhi Team Frequently Asked Questions Date: August 04, 2013 Place: New Delhi 1.

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Presentation transcript:

Welcome to Commando Training Organized by SIF Delhi Team Frequently Asked Questions Date: August 04, 2013 Place: New Delhi 1

Frequently Asked Questions 2

Common Myths Before Cases During cases After cases 3

Common Myths I have not taken any dowry, nothing can happen to me I’ll be arrested as soon as cases are filed Dowry cases can’t be filed after 7 yrs of marriage I have hired a “good” lawyer, so I am in safe hands 4

Frequently Asked Questions Q: I am a new to SIF, how can SIF help me? We don’t give you fish to eat, We teach you how to fish!! You have to help yourself !! Q: What does SIF Expect in return? We expect people to contribute to the movement Be an activist, Help others Q: I do not have a SIF chapter in my town, What should I do? Start a chapter 5

Frequently Asked Questions Q: What precautions should be taken at the time of marriage of son/daughter ? Do Not marry in a 498A family Do Not marry in the family where people are involved in illegal/fraudulent activities Make sure that the list of Gifts (“stridhan”) is signed by the couple along with 2 witnesses from each side. This should be video graphed Marriage certificate should say that NO dowry was given or taken during the marriage 6

Frequently Asked Questions Q: What all Cases can be filed on me? IPC 498A IPC 406 IPC 323 IPC 504 IPC 506 IPC 511 *IPC 307 CrPC 125 PWDV 2005 * Common in UP, Bihar, Rajasthan 7

Frequently Asked Questions Q: My wife is staying with me and threatening me for false cases, What should I do? Start recording (Video/Audio) all her nonsense Try if you can stay alone with your wife; away from your parents/family Keep a track of all the expenses that you are doing on her Keep all important documents/valuables away from her Keep a proof of her educational Qualifications, Job, Salary etc Keep relatives/neighbors informed At the time she leaves: Inform the police as soon as she leaves the house Take a receipt of the things that she is carrying with her; get it signed by witnesses Try to keep the kids (if possible) 8

Frequently Asked Questions Q: My wife is NOT staying with me but threatening me for false cases, What should I do? Start recording all phone calls with her (family) Keep a record of your presence (especially on weekends/holidays) Do not close channels of communications Keep a tab on FIR No Anticipatory Bail in UP, Uttrakhand 9

Frequently Asked Questions Q: Can my parents/married sister be implicated in the case, even if they are staying separately? It is a very common practice to implicate Sisters, Parents and other family members This is done to create the pressure on husbands and create a panic situation 10

Frequently Asked Questions Q: Shall I file a divorce/RCR on my own? We do not advise to file a divorce /RCR There is nothing called “contested divorce” for Indian husbands Filing Divorce/RCR is a waste of Time/Energy/Money Keep patience and wait for Mutual Divorce. If U have sufficient evidence/witness file any Criminal Cases. 11

Frequently Asked Questions Q: My Wife has filed a transfer petition in HC/SC on my RCR/Divorce case? What should I do ? Hire a lawyer in HC/SC and file a reply Ask for a time bound disposal of case Defend it, but don’t expect anything Try to Highlight if any Fact they had Hide in their application as Ground came to Court in Unclean hand and abuse the process of LAW the best defense. 12

Frequently Asked Questions Q: Multiple maintenance cases have been filed on me, What should I do ? She will get maintenance under one only, but you will have to fight all of them Keep proofs of her Educational Qualifications, Job etc Focus on your liabilities and responsibilities File written arguments, Use Citations Get rid of your assets in a planned manner Do NOT leave the Job Increase your Income, not your salary Concentrate on “Unclean Hand” and abuse the Process of LAW. 13

Frequently Asked Questions Q: I have a house on my name, can wife claim right on that house ? Can she claim residence in my parental house? Yes, She can claim the right to stay in your house or you can offer alternate rented accommodation. If you stay along with your parents in Joint family, she can ask the same under DV LAW If IrBM is passed, she can claim 50% property which you allready got or to be get in future, will be decide by court. 14

Frequently Asked Questions Q: My wife is demanding XX lacs to settle the cases, shall I go ahead ? We don’t recommend to settle cases by paying money It has its own repercussions If without any Criminal Cases and the demand is reasonable or only Civil cases, u may think off, but after file criminal case straight way no outside money. Let her Fight in court and get order what she deserve, obey the court order not outside blackmailing /extortion. 15

Frequently Asked Questions Q:My wife has filed cases/complaints on me (in past) and now she wants to come back? We do NOT recommend to such wife back, in fact we recommend to Boycott such families/girls First ask to give the case was false/fabricated and in future she will not file any such cases to harass you or your family and demand some demurrage cost as full and final settlement and get it through court certified if possible.( (They will never do) If she do that use the as ground of divorce and file divorce case as various judgments filling false cases is a strong ground for divorce. 16

Frequently Asked Questions Q: Will getting disowned from my parents help me or them? 1.Just for Name shake may go against you. 2.It should be in real no connection or stay with parents till case finished. 17

Frequently Asked Questions Q: Why are Men’s right Organizations like SIF not so effective/well known ? Priorities: Can travel 2000km for case, but don’t travel 20 Km for cause. Men don’t support men Lack of Vision: Focus on Cases (not Law) or Cause. Men Don't Spend time/bandwidth in fighting the “Laws” Men are too Shy Common People think chances of Divorce or such cases in their Marriage is ‘0” % in their Life time, like u used to think. 18

Frequently Asked Questions Q: Every thing is against men, what can I do ? RTI (Right to Information) TEP (Tax Evasion Petition) Write to Sr. citizen commission/NCW Meet/Write to MP/MLA/PMO/LM Meet Sr. Police Officers and create pressure for fair Investigation Boycott 498A families/girls Attend Weekly Meetings Be a commando * Use Hindi especially in UP, MP, Rajasthan, Bihar etc. 19