Freedom from Domestic Violence ; Case won or lost? My Right My Voice – Post 5
Freedom at a cost ; Case won or lost..??
A simple hard working private banker marries an educated call center girl with aspirations of leading a common middle class life of working hard and leading a good life as all normal people will do. But some dreams are impossible to fulfill in a country where only women are considered pious and prima facie Sita, where as men and his family are treated as born Ravans.
I too faced the same shock of my life, got married in Dec-2007, wife was working international call center. During her short stay of less then 03 months, out of which since she was working for evening shifts 06 pm to 05 am oddly it was humanly impossible to meet her for more the 1 hour in total per day except on Sunday which was by default spent sleeping on.
The quick separation was followed by a bolt of lightning which struck in form of 498a filed on 30/06/2008, ensuring jail for myself, family, mother and bhabhi. The upheaval caused much pain in social circles with loss of name, reputation and severe effects on my job.
No sooner after the 498a case, another ordeal came in the form PWDVA (DV Act), it was the usual copy & paste allegations. This got filed on 12/03/2009. Atleast in the petition it was mentioned that my wife was a housewife, unable to support herself and heaps of only allegations of domestic abuse in all forms whatsoever and of giving dowry in 40 tolas of gold and 10 lakhs of cash etc.
From there began my journey of survival, getting fooled and tricked by the great system and few lawyers who made sure that we felt all the possible pain of being innocent.
Luckily I came to know about SIF – Save Indian Family movement, it was a fate changer day for me when the common man turned into a fighter for Justice. Till now the Hon’ble Court had ordered Rs 5000 per month in maintenance and 1 flat for her residence sake. When pain turned from severe to worst, Help came in form of Vaastav Foundation, an NGO which gave me a Hope to fight and courage to count on and since then it was no looking back. I got details of my wife who being a “housewife” was making big bucks by working in a call center and was so brave enough to lie in Trial and Session Courts that she was indeed not working. Hats off to such bold courage, to our present day Empowered Women who taking the Art of Lies so seriously even in Courts that they don’t fail at all. #GenderBiasedLaws and Empowerment of Women (Wives) at its Best !!
The saga of pain did not end here only, the trial of #498a and PWDVA(DV Act), took heavy toll on my career and I had to leave my job before being forced out. For many years to follow, in the fight of Justice, my so called aggrieved wife and her witnesses played a good game of hide and seek from the Court and managed to prolong the Trial. In Spite of bringing hard material evidence on record of her lies, her acts of perjury, in spite of her salary being Rs 30,000/- per month, she claimed to be unable to maintain herself, the Hon’ble Court turned blind eye to such submissions and records and only assured to expedite Justice in next 03 months (15.10.2011) or so.
But in India, Law is followed in 2 ways, theory and in practice are both miles apart due to backlog of such #fakecases in every possible court of India. With delays being caused to long dates, transfer of Judges and delays tactics used to complete the cross examinations and in filing the evidence, made sure that many years just passed by leaving me at the mercy of Indian Justice system which either assume you that you are the guilty party or announces the same at the end of the long painful, heart and spirit breaking trial. Since I was now with Vaastav Foundation and had migrated from being a normal person – a fighter to a Counselor, helping others to fight, I chose not to give up when everything that I held dear was ruined my marriage, career, family and finance too.
Such was the audacity of misuse of laws by other side, that to enforce an undue order to get outstanding maintenance, an distress warrant was to either arrest me or to seize my assets. This time Luck intervened and I got a stay order on the distress warrant as I had already filed an perjury application within the Hon’ble Court along with all due valid proofs of her lies and deceit.
Good things comes to those who are alive to receive it, at least in our great Indian Legal system, as it took exactly 07 years 02 months and 06 days to arrive at the verdict in my Domestic Violence case.
The details of the judgement were :
1). The application of the complainant stands dismissed
2). The complainant is fined Rs. 10,000/- to paid District Mumbai, Legal Services Authority within 1 months for she intentionally lied about her earnings, hiding facts and getting undue orders on the same.
The Truth, Nothing but the Truth and the only Truth, that I, my family, friends and all the well wishers knew from day one, later got Re-affirmed by the Hon’ble Court in a span of just 07 long years. Though I lost my job, career, married life and many other pains, the complainant too had made significant gains in during the same time too. During this span of legal cases, she earned Rs. 7 lakhs and more by way of salary, she gained the satisfaction of ruining my precious 07 years which could never ever be compensated in terms of my career and loss to my life.
Though my friends call this as an exceptional win for me, stating that it is a rare case to be heard or read about wherein a Women (wife) is denied maintenance for her false claims of Domestic Abuse, at least she got a fine of Rs. 10,000/- (even though she took the Hon’ble Court for a ride and minted money by way of her job and ruined my life with her prima facie lies). The #498a is yet to see the light of trial yet and so another suffering is yet to start and there is lots of blood to bleed yet.. but in India who cares for Men or his family, unless you belong to a particular gender, Fair Justice is a distant dream that will still elude me for years to come.
But for now I can finally proclaim, I am innocent and Free . . .
though I have paid the cost in blood as nothing is free in this country.
Justice has its price too & I have paid it too.
My name is : Hussein Ali Abbaszadeh
I am a Indian Male &
I am not a Domestic Abuser (not a terrorist)