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Why Indian men shouldn’t marry? Part 2: DV Act & CrPC 125

In the first part we covered how 498a can make life hell for married men in India. In Part 2, we will study how the two Civil/Quasi Civil cases can be used to make a married man’s life hell even further. I am clubbing these two together, as main incentive of both these cases is to absolutely exploit the married man financially till he completely breaks down. That being said, the recent Rajnesh Vs Neha Judgement by Indian Supreme Court has lowered the impact considerably when the wife is working or has worked before or is highly qualified. You can find more information about this on MensRights.net. But in case of Housewives/Homemakers, husbands are definitely screwed. We will now see how these both laws can screw up lives of married men by making them bonded slaves of wives for life.

Protection of Women from Domestic Violence Act 2005 (drafted by Feminist)

This law was drafted by a prominent Feminist lawyer in 2005, and became a law in 2006. Government and Feminists at that time felt that 498a wasn’t enough to harass the husband’s family, or they simply forgot that 498a exists, so they decided to gift this law to warring wives, who could afford a lawyer to file a court case. India is probably the only country in the world that has TWO DV laws for women. The DV Act case runs in Civil Court, and is quasi Civil in nature. It is a clumsily drafted law and is borderline unconstitutional, but hey, who cares as long as it overpowers women, right? The wife can file a case in Civil court under PWDVA 2005 against husband and his entire family. Her allegations need to be investigated by a Protection Officer, who needs to submit a DIR (Domestic Incident Report) after investigation. However, this process is rarely followed and clueless husbands are left on the mercy of their lawyers and judiciary.

Using this act, wives can demand below:

  • Right to Residence in Husband’s or Husband’s parent’s house
  • Interim and Permanent Maintenance (Free money)
  • Child Visitation (if by some miracle Husband has children with him)
  • Monetary Compensation

Again, almost all of this is provided as part of Interim Orders, which means none of the evidence is even considered. Domestic Violence itself is not clearly defined, as it includes physical, sexual, emotional and economic abuse. I have seen cases filed based on stuff like “I wasn’t given enough food”, “My mother in law taunted me” etc. When you keep such laws open to interpretation, misuse is bound to happen.

Right to Residence

This is the biggest pain point of DV Act 2005. Instead of creating DV Shelters for aggrieved women, Government and Judiciary decided it will best to provide shelter to women in the same home where she is facing the alleged Domestic Violence. So a woman can file a DV complaint, and apply for Right to Residence as Interim Relief in a house where she had a domestic relationship with her husband. This house can be her husband’s house or her in law’s house. And the Interim Orders are usually passed on 2nd or 3rd date of the court case. Earlier at least the Husband’s parent’s houses were safe, but now after this “landmark” (read biased) judgement by Indian Supreme Court a wife can take over any house she had a domestic relationship with the husband. The implications of these are huge, the elderly parents along with their son will be thrown out on streets, as usually it is impossible to live with their fake accuser Daughter In Law in the same household. There have been cases where families are living on rent and their Daughter In Law has taken over their entire multi-bedroom house for herself. So good luck owning a property in India if one wants to marry.

Interim Maintenance (Beg, Borrow or Steal)

Interim Maintenance is nothing but extortion. There is no Feminist in the world who can convince me that a woman who has means to file Civil court cases is unable to maintain herself. Wife makes tall demands like she is unable to survive, and puts on Interim Application to get hefty maintenance. Now the poor men have the misconception that well earning wife will never get maintenance as common sense dictates, but this is India. Here common sense has no place in courts. The Judges try their level best to grant ridiculous Interim Maintenance to wives, and then the wives simply stop attending the court dates. The cases then drag for years, and Husbands keep on paying monthly maintenance. Famous judgements have asked jobless husbands to Beg, Borrow or Steal, but pay maintenance to their wives. In some cases, men have died in jail for not paying maintenance, differently abled Husbands have been asked to pay maintenance to fully abled wife and physically challenged men have used crowdfunding to fund alimony. Indian Judiciary has no concept of “Durational Maintenance” which is a norm in developed nations, which makes sure wife gets a job instead of becoming a freeloader for life.

The Dreaded Ex Parte

Ex Parte is a legal concept in which if the Respondent (in this case Husband) doesn’t attend the legal proceedings, the court treats it as Ex Parte case and passes orders against him as per the requests of the Petitioner (wife). In most cases, the cunning wives give wrong address of the Husband, so that he doesn’t get the notice served and fails to attend the dates. This leads to the case becoming Ex Parte and the interim orders of exorbitant maintenance are passed, and husband doesn’t even know he owes money till he gets a notice about arrest warrant for not paying maintenance (notice is issued after wife files Execution petition, this time with correct address). In some cases, the eager Judges pass Ex Parte order even the husband and his lawyer miss a single date, because they have the habit of treating the Petitioner as their own daughter. During Covid pandemic, passing of such orders is rampant, as the women organizations and NGOs pressurized the Governments and Judiciary to pass rampant maintenance order to so called aggrieved wives. Obviously these orders can be set aside, but the mental agony and panic it causes to Husbands is unparalleled.

CrPC 125

CrPC 125 is one of those laws which considers women as infants who need support throughout their life. The very definition says that a girl needs to be maintained by the Father till she is unmarried, and post marriage she has to be maintained by her Husband. But Feminists will never protest against this law, like they did vs Adultery Law, because as long as Inequality benefits women, they are fine. In CrPC 125 as well, all maintenance atrocities like Interim Maintenance and Ex Parte apply. The real kicker is, wives file CrPC 125 as well along with DV Act, and get maintenance in both, so the husbands have to fight both cases. But at least now with Rajnesh Vs Neha judgement, courts are asking wives to submit details of all maintenance cases in Income Affidavit.

Conclusion

So, in conclusion, both these laws treat men as bonded labor and a slave for life. Men have to pay maintenance for life, even if the marriage lasted for only 1 day. There is no concept of Durational Maintenance in India, because we are still living in 1950s as per Judiciary. Recently, a woman filed a maintenance case on her husband who is suffering from cancer, and suggested that he should sell his kidney to give her money as he is going to die anyways. So unless men want to get exploited financially and loose their or their parent’s property, they shouldn’t marry. In the next part, we will cover Husband Murder and Dowry Death.

PS: If you are one the unfortunate men who are fighting cases, please head over to MensRights.Net and seek guidance.

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Why Indian men shouldn’t marry? Part 1: 498a

I have already explained what MGTOW stands for in Indian context and what are the different levels of MGTOW. In this series of articles, I will try to explain why Indian men shouldn’t marry. We will first begin with most draconian of laws out there: The infamous 498a.

498a Legal Terrorism

There are several laws made in India post independence, and most of them have been made for appeasement and vote bank politics, with very little provision to put checks and balances on their use. Most of these laws are blatant discrimination based on Gender ( hence the hashtag #GenderBiasedLaws ) aided by Article 15(3) of the Indian constitution, which allows the State to make any special provisions for women and children. One such law is 498a which was supposedly made to protect women from Dowry Harassment post marriage. However, the 498a IPC doesn’t even mention the word “dowry“

IPC 498a

It is nothing but the harshest Domestic Violence law in the whole world. Indian Court has called the misuse of this law as “Legal Terrorism” and Supreme Court has said its ruining Indian Marriages. Also, a woman can file 498a any year after marriage. I have seen cases filed 15-20 years after marriage. So men who are in so called “Happy Marriages” now, keep your guard up. Now we will see how it can destroy married men in India.

Cognizable, Non Compoundable & Non Bailable

IPC 498a is a very harsh section, on par with heinous crimes like Murder or Rape. It is Cognizable, which means police have to register a FIR when they come to know about the “crime”. So as soon as a woman reaches the police station, police happily convert her complaint into a 498a FIR. It is Non Compoundable, means once FIR is registered, there is no way to quash it unless you get it done in High Court. Quashing is almost impossible unless the wife agrees to go with the husband in High Court (except Telangana and Andhra Pradesh). It is Non Bailable, means the man can’t get a Station Bail, police will have to bring him in front of Judicial Magistrate within 24 hours of arrest. Now in most cases, police arrest the husband (and sometimes his family) on Friday, so that he spends a weekend in Police Lockup. However, Supreme Court has issued Section 41-A guidelines in case of crimes having less than 7 years punishment like 498a, and it mandates police to serve 41-A notice to the accused and if he complies to that notice and joins the investigation, he will not be arrested. However, in many states, these guidelines are not followed and arrests do happen. And in many cases, the lawyers and even police are suggesting wives to include IPC 377 (unnatural sex) in FIR so that 41-A notice needn’t be served. Also, National Commission of Women has already recommended to increase punishment of 498a to 10 years, so that blatant arrests can resume. Latest Law Commission report mentions this and I can bet that whenever the much touted Law Reforms happen, the punishment will be increased to 10 years.

Parents/Siblings/Relatives can be booked

Yes, in their infinite wisdom, the persons who drafted this law have allowed women to book Husband’s parents, siblings, distant relatives, cousins and even the children of the sibling in 498a complaint. There have been cases when even 2 months old babies have been booked and had to apply for bail. If husband has a brother who is yet to get a job, his career aspirations are basically ruined if he has a criminal case on his head. Same goes for husband’s siblings settled outside India. No other country on this planet has such a provision. Basically husband’s entire family is on the mercy of his wife.

No Evidence required and no punishment for False accusations

Many men have knowledge about Indian law only through movies. They think that if there is no evidence against them or if they have counter evidence, they can stop FIR from being registered or punish the wife for false allegations. Reality is, their evidence is not even sniffed by Police once wife’s complaint is received. FIR is filed, and chargesheet is done and sent to court after “investigation”, and the husband gets to show his evidence in the trial as part of his defense. This stage comes in trial in 2-3 years if he is lucky. Also, the Judge and even the Public Prosecutor know that the case is fake, but they keep going through motions like typical Indian Government machinery. And once the husband is acquitted after 5 years of trial (conviction rate is only 5% all over India), it is rarely mentioned the case was false, and the acquittal is usually based on insufficient evidence. So there is absolutely no gain for the husband from 498a. At best he can use it as a ground for divorce as filing false cases is considered mental cruelty.

Media openly declares everyone as criminals after FIR is registered

Indian media is well known for its biased reporting and sensationalist headlines, fueled by political propaganda. Most of the journalists lack basic etiquettes and moral fiber, and are ready to publish anything to keep their media running. Indian Public too has some sort of weird fetish of reading/viewing news about crimes on women, so most of the TRP and views are given to Crime on Women news. So as soon as FIR is registered, the journalists readily print news about the Dowry Harassment complaints, and name and shame entire list of accused in their reports. Husband can pretty much expect himself and his family being featured in one of the local newspaper and news portal right on the next day after FIR. Some families find this extremely humiliating and are unable to recover from public shaming that occurs, as rest of the Blue Pilled Indian society considers them as monsters based on mere news alone.

CAW Cell/Bharosa Cell Harassment

In some Norther States and some cities in Western India, before 498a FIR is filed, the Crime Against Women (CAW) cell or Bharosa cell invite the husbands for counseling, based on the wife’s complaint. These places are nothing short of hell, and husband is openly asked to comply to wife’s demands or face the music. If the wife has filed the complaint in her home state, husband has to travel 1000s of KMs for these useless sessions, adding more to mental and physical agony. The sooner these cells are closed down or forbidden for counseling for matrimonial issues, the better.

Life is made hell for NRIs

One big warning to all NRIs: Never ever marry an Indian citizen woman, under any circumstances. There have been cases where women have lost DV cases in US courts, and have come back to India just to file 498a, and went back to US again to resume their life. Look out circulars are issued, passports are impounded, and many NRIs loose their jobs. Though recent judgements have mentioned that look out circulars or red corner notices should be issued in rarest of rare cases, but still it is not completely followed.

Lawyer Fees and Judicial Procedure

498a is a great source of income for lawyers. They earn a ton through anticipatory bail proceedings, failed quashing attempts, regular bail, 498a trial, and the failed attempts of Defamation and Malicious prosecution on false case filing wives. Most lawyers charge money per number of accused, so more the accused, more money they make. Also, the entire court process can be cumbersome and draining. For no fault of the husband and his family, they are treated as criminals in court premises. They have to get people to stand up as sureties during Bail proceedings, and some states like Maharashtra have absurd rules like the sureties should have a Ration Card. Good luck finding sureties who have Ration Cards readily available. So people have to end up with cash sureties, which can vary from 15,000 to 1 lakh per accused, entirely based on how Judicial Magistrate was feeling that day. This results in lakhs of money being stuck in court, as interest free deposits, till the trial ends.

Conclusion

The number of cases registered under Section 498A was 1,04,551 in 2017; 1,03,272 in 2018 and 1,25,298 in 2019. 2020 data is yet to be published, but numbers are expected to be over 1,40,000 owing to Lockdown and married couples spending more time with each other. These numbers will keep on increasing year on year, as more and more women will become aware of the weapon they can use to make their husband and his family bow to their demands. I have just mentioned some of the main pain points of 498a, and how it can destroy a man mentally, physically and financially. There have been many suicides committed by husbands in last 20-30 years due to harassment from 498a, but Government and Society doesn’t care. So it is up to men, whether they want to subject themselves to post marriage litigation hell or have a blissful life.

Simplest solution to avoid this risk: DONT MARRY. In the next part, I will cover another major weapon used by wives: Protection of Women from Domestic Violence Act 2005 and CRPC 125.

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The MGTOW Levels Explained

MGTOW is a relatively broad concept, and not all levels are applicable for all individuals. Manosphere has categorized MGTOW in different levels, and individuals can adopt the MGTOW level according to their situation and comfort.

Note: Level 0 means non-MGTOW.

Level 0 (Blue Pilled):

Level 0 MGTOW men are those men who are married or are lusting after women. These are treated as ATM machines, Fathers of step children, disposable and even doormats by women. This is a stage of a man who is created by gynocentric society.

Level 1 (Aware):

Level 1 MGTOW reject marriages. They reject the common law and don’t pick up Single Mothers and their children. They have long term relationships with strict guidelines set for women, and make sure they will not get turned into her servant or be exploited by law.

Level 2 (Social):

Level 2 MGTOW reject all type of long term relationships. They still engage in short term or one night stands for sex, or have open relationships/friends with benefits. They are pseudo PUA (Pick Up Artists)

Level 3 (Civil):

Level 3 MGTOW reject all personal relationships with women, including one night stands. They may still have some platonic and loyal female friends, who are selected based on intellect and loyalty. Any contact with unknown female is strictly professional. They only engage in Civil activities that benefit them.

Level 4 (Ghost):

Level 4 MGOTW reject females entirely. They produce only what is necessary for survival. They will try to remain in lowest tax bracket possible without compromising acceptable standard of living and without jeopardizing their quality and fun life. They focus on hobbies and traveling.

Level 5 (Exile)

Level 5 MGTOW drop out of society all together. For common public or even low level MGTOWs, they don’t exist. They have no need for social life and have enough financial funds to last their natural life. They don’t contribute anything to the Government and are anti consumerists.

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MGTOW FAQ: Indian Perspective

Here is a short FAQ on #MGTOW, as this is a relatively new concept in India and there is lot of confusion and misconception. This FAQ will cover what MGTOW means and stands for in Indian context.

  1. Are MGTOW Incels?  

Not necessarily, many men become MGTOW after having a string of bad relationships which involved false accusations/parental alienation/cheating/stealing/job loss/property loss etc. Some Incels can become MGTOW too. MGTOW can have short term relationships, paid sex etc., but they don’t crave for sex like Incels.

2. Do MGTOW hate women?

No, many MGTOW have female friends, some even have casual short term flings. MGTOW just see through the BS of women, because they are red-pilled and know that juice is not worth the squeeze, and know that the odds are against them when it comes to marriage and long term relationships. When the game is completely rigged against you, simply not playing the game is winning. No fair play, we go our own way.  

3. Are MGTOW Sociopaths?

No, MGTOW simply don’t care about Social hierarchy. MGTOW are Sigma males. They don’t believe in owing anything to society because they know that society is gynocentric since the beginning and will remain so for foreseeable future.

4. Are MGTOW against MRAs?

In Western world, they can be. They know that society doesn’t care about men and there is no point in fighting for rights, just focus on self preservation. In India, MGTOW can be MRAs as most MRAs have realized that promoting MGTOW is great way to save men from Biased laws and prevent male suicides.

5. Are MGTOW Atheists?

Not necessary. Atheism or religion has nothing to do with MGTOW. Many MGTOW are religious and many are atheists. Hindu religion allows concepts of sanyasi or brahmacharya, and so do other religions like Buddhism (monks)

6. Are MGTOW like Feminist version of males?

No, not at all. Feminists desire power over other gender, most of them hate the other gender. Many of them want to manipulate men and women to climb the social hierarchy and dominate. They are childish and want to cry and whine to the top. MGTOW don’t care about society or gaining power. Feminists are hypocrites, experts in gaslighting. MGTOW mean what they say. Only similar characteristic is that both don’t care much about family structure for their own reasons.

7. Why are MGTOW mocked?

MGTOW are mostly mocked by blue pilled/simp/mangina men and feminists, and conservatives too. Blue Pilled guys cannot digest the fact that life without women can exist, as everything they do revolves around impressing women and trying hard to get laid. Feminists hate MGTOW because MGTOW give them no influence, and spreading MGTOW will take power away from Feminists as their whole movement is based on emasculating men. Conservatives want to ensure family structure to continue at any cost, but they do very little to change the gynocentric nature of society and judiciary, and rarely speak out against biased laws. They would rather let a % of men die than try to change status quo. So mocking MGTOW and playing on men’s ego is the best way to prevent men from going MGTOW.

8. What is WGTOW?

WGTOW is classic attempt of attention seeking by women to try to hijack the MGTOW concept. Women need men way more than men need women, and the core concept of WGTOW is that they want “nice” guys. They are just female simps.

9. Is MGTOW a movement?

No, it is a way of life.