Tuesday, August 31, 2010

Criminal case against woman for giving dowry

Criminal case against woman for giving dowry

A woman, who complained of being tortured by her in-laws despite giving a hefty dowry, found herself in trouble as a Delhi court has ordered filing of a criminal case against her and her family for giving dowry. Additional chief metropolitan magistrate Lokesh Kumar Sharma directed SHO Shahdara to register the FIR on a complaint filed in the court by a harried husband.
    In the complaint filed through counsel Gagan Preet Singh and Karan Vir Singh, the man referred to the allegations made by his wife before the Crime Against Women (CAW) Cell of Delhi Police that huge dowry was paid in her marriage. PTI


What is and How to use Electronic Evidence

What is and How to use Electronic Evidence

You can use under section 65(B)as a secondary evidence and in this you have no need to prove its original or not. After section 65, section 65A and 65B have been added laying down the provisions about Admissibility of electronic records.
Moreover, the concept of electronic evidence fails to identify the kinds of documentary evidence namely the primary and the secondary evidence as every electronic record is an original as well as in duplicate.

However, the provisions of section 65A and 65B help to overcome this complex situation.
The AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 introduced this new section which states:- Admissibility of electronic records.

65B. (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information
and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2)  The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: —
(a)  The computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b)  During the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents;
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) ofsub-section (2) was regularly performed by computers, whether—
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, —
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(5) For the purposes of this section, —
(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c)  a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. Explanation.—For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom bycalculation, comparison or any other process.

The phenomenon of tendering tape recorded conversation before law courts as evidence, particularly in cases arising under the Prevention of Corruption Act, where such conversation is recorded by sending the complainant with a recording device to the person demanding or offering bribe has almost become a common practice now. In civil cases also parties may rely upon tape records of relevant conversation to support their version. In such cases the court has to face various questions regarding admissibility,
nature and evidentiary value of such a tape- recorded conversation. The Indian Evidence Act, prior to its being amended by the Information Technology Act, 2000, mainly dealt with evidence, which was in oral or documentary form. Nothing was there to point out about the admissibility, nature and evidentiary value of a conversation or statement recorded in an electro-magnetic device. Being confronted with the question of this nature and called upon to decide the same, the law courts in India as well as in England devised and developed principles so that such evidence, mat be received in law courts and acted upon.
The relationship between law and technology has not always been an easy one. However, the law has always yielded in favour
of technology whenever it was found necessary. The concern of the law courts regarding utility and admissibility of tape recorded conversation, from time to time found its manifestation in various pronouncement. In Hopes v. H.M. Advocate, 1960 Scots Law Times 264, the court while dealing with the question of admissibility of tape recorded conversation observed as under:
New techniques and new devises are the order of the day. I can’t conceive, for example, of the evidence of a ship’s captain as to what he observed being turned down as inadmissible because he had used a telescope, any more than the evidence of what an ordinary person sees with his eyes becomes incompetent because he was wearing spectacles. Of course, comments and criticism can be made, and no doubt will be made, on the audibility or the intelligibility, or perhaps the interpretation, of the results of the use of a scientific method; but that is another matter and that is a matter and that is a matter of value, not of competency.
An authoritative and categorical exposition this point is found in Rex v. Maqsud, 1965(2) All ER,461 wherein the Court of Criminal Appeal observed that the time has come when this court should state its views of the law matter which is likely to be increasingly raised as time passes. For many years now photographs have been admissible in evidence on proof that they are relevant to the issues in involved in the case and that the print as seen represents situations that have been reproduced by means of mechanical and chemical devices. Evidence of things seen through telescopes or binoculars which otherwise could not be picked up by the
naked eye have been admitted, and now there are devices for picking up, transmitting and recording conversations. In principle no difference can be made between a tape recording and a photograph. The court was of the view that it would wrong to deny to the law of evidence advantages to be gained by new techniques and devises.
In India, the earliest case in which issue of admissibility of tape-recorded conversation came for consideration is Rupchand v. Mahabir Prasad, AIR 1956 Punjab 173.
The court in this case though declined to treat tape-recorded conversation as writing within the meaning of section 3 (65) of the General Clauses Act but allowed the same to be used under section 155(3) of the Evidence Act as previous statement to shake the credit of witness. The Court held there is no rule of evidence, which prevents a party, who is endeavoring to shake the credit of a witness by use of former inconsistent statement, from deposing that while he was engaged in conversation with the witness, a tape recorder was in operation, or from producing the said tape recorder in support of the assertion that a certain statement was made in his presence.
In S. Pratap Singh v. State of Punjab, AIR 1964 SC 72 a five judges bench of Apex Court considered the issue and clearly propounded that tape recorded that tape recorded talks are admissible in evidence and simple fact that such type of evidence can be easily tampered which certainly could not be a ground to reject such evidence as inadmissible or refuse to consider it, because there are few documents and possibly no piece of evidence, which could not be tempered with. In this case the tape record of the conversation was admitted in evidence to corroborate the evidence of witnesses who had stated that such a conversation has taken place.
The Apex Court in Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC147 considered various aspects of the issue relating to admissibility of tape recoded conversation. This was a case relating to an offence under section 165-A of Indian Penal Code and at the instance of the Investigating Agency, the conversation between accused, who wanted to bribe, and complainant was tape
recorded. The prosecution wanted to use this tape recorded conversation as evidence against accused and it was argued that the same is hit by section 162 CrPC as well as article 20(3) of the constitution. In this landmark decision, the court emphatically laid down in unequivocal terms that the process of tape recording offers an accurate method of storing and later reproducing sounds. The imprint on the magnetic tape is direct effect of the relevant sounds. Like a photograph of a relevant incident, a contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under section 7 of the Indian Evidence Act. The Apex Court after examining the entire issue in the light of various pronouncements laid down the following principles:
a) The contemporaneous dialogue, which was tape recorded, formed part of res-gestae and is relevant and admissible under section 8 of the Indian Evidence Act.
b) The contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under section 7 of the Indian Evidence Act.
c) Such a statement was not in fact a statement made to police during investigation and, therefore, cannot be held to be inadmissible under section 162 of the Criminal Procedure Code.
d) Such a recorded conversation though procured without the knowledge of the accused but the same is not elicited by duress, coercion or compulsion nor extracted in an oppressive manner or by force or against the wishes of the accused. Therefore the protection of the article 20(3) was not available.
e) One of the features of magnetic tape recording is the ability to erase and re-use the recording medium. Therefore, the evidence must be received with caution. The court must be satisfied beyond reasonable doubt that the record has not been tampered with.
Conditions Of Admissibility:
The tape recorded conversation can be erased with ease by subsequent recording and insertion could be superimposed. However, this factor would have a bearing on the weight to be attached to the evidence and not on its admissibility. Ultimately, if in a particular case, there is a well grounded suspicion not even say proof, that the tape recording has been tampered with that would be a good ground for the court to discount wholly its evidentiary value as in Pratap Singh v. State of Punjab, AIR 1964 SC 72. in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:
a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.
b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.
c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.
d) The statement must be relevant according to the rules of Evidence Act.
e) The recorded cassette must be carefully sealed and kept in safe or official custody.
f) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.
Identification Of Voice:
As regards the identification of the taped voice, proper identification of such voice is a sine qua non for the use of such tape recording, therefore, the time and place and accuracy of the recording must be proved by a competent witness and the voices must be properly identified. [(See: Yusufalli Esmail Nagree) (Supra)]
The importance of having a transcript of the tape-recorded conversation cannot be under estimated because the same ensures that the recording was not tampered subsequently. In the case of Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehta, AIR 1975 SC 1788, the Apex Court considered the value and use of such transcripts and expressed the view that transcript could be used to show what the transcriber has found recorded there at the time of transcription and the evidence of the makers of the transcripts is certainly corroborative because it goes to confirm what the tape record contained. The Apex Court also made it clear that such transcripts can be used by a witness to refresh his memory under section 159 of the Evidence Act and their contents can be brought on record by direct oral evidence in the manner prescribed by section 160 of Evidence Act.
Tape-recorded conversation is nothing but information stored on a magnetic media. In the case of Roopchand (Supra), though, Punjab High Court declined to treat tape recorded conversation as a writing within the meaning of section 3  (65) of the General Clauses Act but this view could not be survive for a long  and the Apex Court in Ziyauddin Burhanuddin Bukhari (Supra) clearly laid down that the tape recorded speeches were "documents as defined by section 3 of the Evidence Act", which stood on no different footing than photographs.
After coming into force of the Information Technology Act, 2000, (w.e.f. 17.10.2000) the traditional concept of evidence stands totally reformed. Section 2(r) of this Act is relevant in this respect which defines information in electronic form as information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device. Under section 2 (t) ‘ electronic record ’ means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. Section 92 of this Act read with Schedule (2) amends the definition of ‘evidence’ as contained in section 3 of the Indian Evidence Act. The amended definition runs as under:
“Evidence:- ‘Evidence’ means and includes-
(1) all statements which the court permits or requires to be made before it by witness, in relation to matters of fact under inquiry; such statement is called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence.
From the aforesaid provisions it becomes amply clear that the law, as it prevails today, takes care of information stored on magnetic or electronic device and treats it as documentary evidence within the meaning of section 3 of the Indian Evidence Act.
Utility/ Evidentiary Value:
The next question regarding evidence of the tape-recorded information, is about utility and evidentiary value. In this respect following points require consideration:
a) Whether such evidence is primary or secondary?
b) Whether such evidence is direct or hearsay?
c) Whether such evidence is corroborative or substantive?
The point whether such evidence is primary and direct was dealt with by the Apex Court in N. Sri Rama Reddy v. V.V. Giri, AIR 1971 SC 1162. the court held that like any document the tape record itself was primary and direct evidence admissible of what has been said and picked up by the receiver. This view was reiterated by the Apex Court in R.K. Malkani v. State of Maharashtra, AIR 1973 SC 157. in this case the court ordained that when a court permits a tape recording to be played over it is acting on real evidence if it treats the
intonation of the words to be relevant and genuine. Referring to the proposition of law as laid down in Rama Reddy’s case (Supra), a three judges bench of the Apex Court in the case of Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehta, AIR 1975 SC 1788 propounded that the use of tape recorded conversation was not confined to purpose of corroboration and contradiction only, but when duly proved by satisfactory evidence of what was found recorded and of absence of tampering, it could, it could subject to the provisions of the Evidence Act, be used as substantive evidence. Giving an example, the Court pointed out that when it was disputed or in issue whether a person’s speech on a particular occasion, contained a particular statement there could be no more direct or better evidence of it than its tape recorded, assuming its authenticity to be duly established.
From the aforesaid it can well be gathered as a settled legal proposition that evidence of tape recorded conversation being primary and direct one it can well be used to establish what was said by a person at a particular occasion.


Under section 157 of the Indian Evidence Act, a witness may be corroborated by his/her previous statement. Section 145 of the Act permits use of a previous statement for contradiction of a witness during cross-examination. Again clause (1) of section 146 provides that during cross examination, question may be put to a witness to test his veracity. Section 153 generally deals with exclusion of evidence to contradict answers to questions testing veracity. However, exception (2) of it permits a witness being contradicted if he has denied any fact which was put to him to impeach his impartiality. Section 155 (3) deals with impeaching the credit of a witness liable to be contradicted.



The Apex Court in N. Sri Rama Reddy (Supra) after considering the matter laid down that the evidence of the tape recorded conversation/statement apart from being used for corroboration is admissible for the purposes stated in Section 146 (1), Exception (2) to section 153 and section 155 (3) of the Evidence Act.
Also see this judgement also
IN THE HIGH COURT OF JUDICATURE AT MADRAS                            
DATED : 20/11/2007                                               
C.R.P. (PD) No. 2657 of 2007                            and                   
M.P. No.1 of 2007
G. Shyamala Ranjini                     .. Petitioner
M.S. Tamizhnathan                     .. Respondent
Audio, Video, & Photos are all electronic records and evidence covered under Evidence Act. No need for digital signature certificate in Family Courts as long as you can prove that the evidence material is genuine along with the original storage chip or microchip or data chip. If chips not available  then witnesses in the audio or video can be used. Read the IT Act of 2000 and amended in 2008. Even e-mails can be used as proof of some event. The e-mail address sent or received should be known to the person and he/she should admit use of the e-mail address.You can also use electronic form of evidence to get your Anticipatory Bail w.r.t Matrimonial Offences by quoting the IT Act and showing the recording of apprehension of a false case.After the passage of the Information Technology Act-2000 (ITA2000), Electronic Documents  have come to be recognized as equivalent to written documents for the purpose of law. Similarly, Digital Signatures affixed as per the provisions of the ITA-2000 will be considered equivalent to written signatures. The Indian Evidence Act has also been suitably amended by the ITA-2000 to provide for presentation of evidences of Electronic Documents either in the electronic form itself or as certified print outs. It is therefore envisaged that Electronic Documents such as E-Mails and Web Pages will be potential evidences to prove contracts by any party to a business contract.Not sure if this works or is legit but pasting the stuff here for legally admissible mail servings or summons in 498a cases incase your wife is missing in action:

More teeth and byte to IT law

Changes to the IT Act will enable it to crack down on cyber offences strongly but the law is ‘soft’ in parts, say experts..

When it comes to spamming, the grouse is that the relevant Section (Section 66 A) would only apply if the identity of the spammer is established.

Moumita Bakshi Chatterjee
Nearly three years after it was introduced in the Lok Sabha and almost a year after it received a green signal from both Houses of Parliament, the IT (Amendment) Act, 2008 has come into force. The amendment allows the Government to go after new-age cyber criminals and crimes — identity theft, cyber-stalking, cyber harassment, child pornography and spamming — and also gives it more ammunition to tackle cyber terrorism.
But legal eagles say the changes have turned out to be a bitter-sweet pill. While the cyber law zeroes in on new forms of crime, it has toned down punishment in the case of certain offences. Critics further caution that the new legislation arms the State with sweeping powers to block Web sites and snoop, but has not built in adequate safeguards to check possible misuse of such powers.
Crowning glory
First, the good news. Clearly, one of the most important changes that have been brought about pertains to cyber terrorism, with Section 66 F of the amended legislation prescribing life imprisonment for such offences. This assumes significance as the recent terror attacks have demonstrated just how tech-savvy militants can be.
Be it the Parliament attack or the more recent Mumbai terror strike, the use of technology — from satellite phones, e-mails, Internet to the more sophisticated GPS equipment — has been rampant. Experts opine that the amendments that have come into force now have penned down the widest possible definition of cyber terrorism even by global standards. “In that sense, India has taken thought leadership in clamping down on cyber terrorism,” says an industry watcher.
To quote the section verbatim, “whoever, knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence, or to advantage of any foreign nation, group of individuals or otherwise commits the offence of cyber terrorism.”
Cyber law experts have dubbed the new Section as the crowning glory of the legislation. “The original IT Act did not have relevant teeth to deal with cyber terrorism. It now provides an additional remedy for booking cyber terrorism, where perpetrators leverage electronic formats and technology to execute terror attacks,” they say.
At the same time, the amendments have expanded the scope of the Act beyond the ambit of computer and computer network to specifically include “communication device” — mobile phones, PDAs or any other device used to communicate, send or transmit any text, video, audio or images. In one swift move, this has brought mobile users under the scanner. Earlier too, mobiles were considered to be under the wide definition of “computer” but now, inserting a clause on “communication devices”, has left no doubt about the scope of the Act.
Breather for intermediaries
Another contentious clause that has been tweaked pertains to the liability of intermediaries. Remember the controversial arrest of Baazee.com CEO in December 2004 in a case involving the sale of a sexually explicit MMS clip, on the auction site? Well, the IT (Amendment) Act now provides a breather of sorts to such intermediaries.
Under the original Act, the intermediary was required to prove that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of an offence.
“The amendment shifts the onus of proving the guilt on the law-enforcement agencies instead. It has decimated the liability of intermediaries so long as they observe due diligence and fulfil other parameters of Section 79. On the other hand, it has made the definition of intermediaries more comprehensive to includes auction sites, telecom and network service providers, ISPs, web hosting companies, search engines and online payment sites, among others,” says Pavan Duggal, a noted lawyer and an expert on issues pertaining to cyber regulation.
Casting the net wide
The new legislation casts its net, wide. It now talks in specific terms — sending offensive messages through communication services (spamming), violation of privacy (video voyeurism), Wi-Fi hacking, phishing, identity theft, et al.
“While a few of these offences find mention in the Indian Penal Code (IPC), the IT Act, by providing specific provisions pertaining to those offences such as cheating by impersonation, or criminal intimidation through spamming or sending insulting messages, provides better clarity,” points out Karnika Seth, managing partner of Seth Associates Law firm and author of Cyberlaws in the Information Technology Age.So far silent on heinous crimes such as child pornography, the amended law clamps down on such offences.
Publishing and transmitting of material depicting children in sexually explicit acts, etc, in electronic form will attract up to five-year imprisonment and a fine of up to Rs 10 lakh on first conviction; and up to seven-year imprisonment and fine of up to Rs 10 lakh on second and subsequent conviction.
‘Soft’ in some portions
However, a section of the legal fraternity feels that notwithstanding its expanded ambit, the law has gone “soft” on cyber crimes.
Barring cyber terrorism and a few other offences, all offences where punishment is up to three years are now bailable. Moreover, in the case of Section 67 dealing with publishing or transmitting obscene material in electronic form, while the original Act stipulated up to five-year imprisonment and Rs 1 lakh fine for the first conviction, it now talks about up to three-year imprisonment and up to Rs 5 lakh fine. Similarly, the term for the second and subsequent conviction stands reduced. “At a time when the world is increasing the quantum of punishment for cyber crimes, India perhaps has the dubious distinction of reducing the punishment,” quips Duggal.
Critics have also spoken out against enhanced powers of the State when it comes to issuing direction for interception or monitoring or decryption of any information through any computer resource; or directions to block public’s access to information generated, transmitted or even hosted in a computer resource.
“The provisions pertaining to blocking of Web sites is an area of concern. Instead of State agencies, the legal system should give the necessary directions. There should be a set process of giving notices and hearing before such blocking takes place,” says e-security expert Vijay Mukhi.
Some analysts are also of the opinion that while Section 43 (A) talks about compensation for failure to protect data — it assigns responsibilities on body corporate, possessing, dealing or handling any sensitive personal data — India should have taken the cue from nations such as the UK that have a distinct and comprehensive legislation dealing with the subject. Their view: a single provision is not adequate to cover the critical issue.
Similarly, when it comes to spamming, the general grouse is that the relevant Section (Section 66 A) would only apply if the identity of the spammer is established — a tall order in itself.
“The US has anti-spam law in the form of Can Spam Act, anti-spam legislations are also in place in Australia and New Zealand. But the Indian IT Act has not addressed this effectively,” says Duggal, adding that these offences should have been covered more exhaustively under the amended legislation.
Still, the law appears to be far more potent now in dealing with new-age cyber crimes than ever before.
But for a country where the conviction for cyber crime has been abysmally low thus far and under-reporting has been the order of the day, just how effective the law turns out remains to be seen.



Using E-Mail as Evidence

Using E-Mail as Evidence

A frequently asked question is "Can e-mails can be used as evidence in court, specifically in the Family Court system?" The short answer is "yes they can". In fact, e-mails were used extensively by the Justice Department in its antitrust case against Microsoft. Although the Microsoft case was not heard in Family Court, the principles are the same.
Much of the evidence that the Justice Department presented to the Court of Microsoft's anticompetitive activities was based on intra-company e-mails that officials within the company sent to each other. One key point is that the Microsoft emails could be easily shown to be authentic, that is, they were not forged or manufactured specifically in an attempt to minimize Microsoft's liability.
Qestion: So, email can be used if its authenticity can be established...but that assumes that there is a digital signature. What if there isn't?
Answer: If there were any security measures taken to guarantee the autheticity of the parties transacting then the email will be valid as evidence in court. Please take note that this is important. The last thing that we want is for difficult ex-spouses to start manufacturing email messages to stir up potential lawsuits or to bolster their claims. A case using email evidence might still prevail if the court is willing to subpoena the ISP transaction logs and the RFC data (assuming the message numbers are still intact). But without the electronic signature, there's no concrete proof that the person who had been sending those messages is the person himself. One possible exception would be if they copied the email to another person (a friend or significant other)- if the copy can be shown to exist it will bolster the claim that the email was in fact sent by the person you say it was.
Under certain circumstances, email can be admitted into evidence, but that does not mean that the email is not impeachable (capable of being thrown out as evidence). Where the e-mail is against the personal or self interest of the party (as in the Microsoft case, for example), it should be admissible since it is difficult to impeach. It's a bit complex, but the legal implication does exist. On the other hand, if used to establish proof of a meeting of the minds (i.e. a visitation agreement between two parties) this could easily be impeached, as both parties could no doubt come up with a printed e-mail saying this never happened (essentially "manufactured proof"). Nevertheless, a signature (as appearing in hardcopies) should prove to be impeachable. So, the bottom line is that an electronic signature that leaves a person using it no excuse should be able to correct this loophole.
One possibility is to get your ex to provide separate corroboration. What this means is to get her to reference the subject of an email of interest in a hard copy format, such as a written (paper) letter or a recording, such as a message on an answering machine. If you can provide the email PLUS a written letter (for example) where she makes a clear reference to the subject under discussion, this may be compelling, as the second piece of evidence (the letter) bolsters the first piece of evidence (the email). If the claim is made that you forged or manufactured the email, you can show the letter or recording that references the email, helping to establish that the email was in fact real.
All in all, copies of email may be more influential when given to a custody evaluator, as evaluators have more relaxed standards as to what constitutes "proof". (Even if an evaluator doesn't consider the email as proof, the tone and content may still influence them or give them some insight into your ex's behavior and personality.) Emails could be used to show your ex's unwillingness to cooperate, her disregard of court orders or personal agreements, her inability to collaborate on behalf or the child, and other relevant issues. They may also be used to indicate her contentiousness and bias against you, or her willful denial or interference of your parenting time.
Bearing that last paragraph in mind, when sending email to your ex, always write as if your email will be read by the judge, the evaluator, and your ex's attorney- because it may very well be. When writing your ex, always be polite, courteous, and stick to the subject at hand. DO NOT make threats, issue ultimatums, throw insults or comment on anything except the topic you are discussing. A offhand comment or insult made in the heat of the moment may come back to haunt you months or even years later.


One man's struggle with Indian Police

One man's struggle with Indian Police


Sunday, 15 August 2010 10:24

Written by Dipak Kumar Adhikari

To,The Incharge, Police Department.

Please help me. If required please send this mail to appropriate authorities. Mr. Shankar Kumar Samanta S.B.I. Officer purchased local Police, Please help me.

Respected Sir,
100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel's and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an u ndone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally.
We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only four years old) who is now in my house having severe asthma supported by inhaler. My wife f iled the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Learn" ed court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst stat us. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 4 years old having severe "Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me a nd my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic)?. My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, (Smt. Nita Sarkar J.M. 1st Court Sealdah South 24 Parganas. Date 16/12/2009.) I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that "Justice for the rich and Injustice is for the poor" A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to in volve in any type of excellent deeds" To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.
After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.
Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take proper investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take proper investigation/ not take any action/not take any type of query nor he did roundup them against my case.
When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.
As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. B hatat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take proper investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I see they all are in sound asleep. The reason is best known to them.
I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.
With kindest regards,
Dipak Kumar Adhikari


Procedure to be followed while dealing with an application under Section 156(3) of the Code – Private Complaint

52A. For the guidance of subordinate courts, the procedure to be followed while dealing with an application under Section 156(3) of the Code is summarized as under:-

[Crl.M.C.Nos.6122-23/2005 & Crl.M.C.Nos.6133-34/2005 Page 42 of 69] (i) Whenever a Magistrate is called upon to pass orders under Section 156(3) of the Code, at the outset, the Magistrate should ensure that before coming to the Court, the Complainant did approach the police officer in charge of the Police Station having jurisdiction over the area for recording the information available with him disclosing the commission of a cognizable offence by the person/persons arrayed as an accused in the Complainant. It should also be examined what action was taken by the SHO, or even by the senior officer of the Police, when approached by the Complainant under Section 154(3) of the Code.

(ii) The Magistrate should then form his own opinion whether the facts mentioned in the complaint disclose commission of cognizable offences by the accused persons arrayed in the Complaint which can be tried in his jurisdiction. He should also satisfy himself about the need for investigation by the Police in the matter. A preliminary enquiry as this is permissible even by an SHO and if no such enquiry has been done by the SHO, then it is all the more necessary for the Magistrate to consider all these factors. For that purpose, the Magistrate must apply his mind and such application of mind should be reflected in the Order passed by him.

Upon a preliminary satisfaction, unless there are exceptional circumstances to be recorded in writing`, a status report by the police is to be called for before passing final orders. iii) The Magistrate, when approached with a Complaint under Section 200 of the Code, should invariably proceed under Chapter XV by taking cognizance of the Complaint, recording evidence and then deciding the question of issuance of process to the accused. In that case also, the Magistrate is fully entitled to postpone the process if it is felt that there is a necessity to call for a police report under Section 202 of the Code.

(iv) Of course, it is open to the Magistrate to proceed under Chapter XII of the Code when an application under Section 156(3) of the Code is also filed along with a Complaint under Section 200 of the Code if the Magistrate decides not to take cognizance of the Complaint. However, in that case, the Magistrate, before passing any order to proceed under Chapter XII, should not only satisfy himself about the pre-

[Crl.M.C.Nos.6122-23/2005 & Crl.M.C.Nos.6133-34/2005 Page 43 of 69] requisites as aforesaid, but, additionally, he should also be satisfied that it is necessary to direct Police investigation in the matter for collection of evidence which is neither in the possession of the complainant nor can be produced by the witnesses on being summoned by the Court at the instance of complainant, and the matter is such which calls for investigation by a State agency. The Magistrate must pass an order giving cogent reasons as to why he intends to proceed under Chapter XII instead of Chapter XV of the Code.


93. A copy of this judgment be sent to the Chairman, Delhi Judicial Academy. Further, as this problem arises often, and to prevent parties from misusing the process of law (section 156(3) Cr.P.C), the Registrar General of this court will ensure that a copy of paragraph 52A (containing the guidelines) is circulated as an excerpt to all subordinate judicial officers in Delhi.

full txt available @http://lobis.nic.in/dhc/MCG/judgement/09-07-2010/MCG09072010CRLMM61222005.pdf

SC on Marriage Dowry Stridhan Tradition and 498a

(Arising out of SLP (Crl.) No. 4496 of 2006)
Koppisetti Subbharao @ Subramaniam ...Appellant
State of A.P. ...Respondent
1 Leave granted.
2. Challenge in this appeal is to the order passed by a learned Single
Judge of the Andhra Pradesh High Court dismissing the petition filed under
Section 482 of the Code of Criminal Procedure, 1973 (in short the `Code').
The prayer in the petition was to quash the proceedings in C.C.No. 440 of
1999 and CC No.325 of 2001 on the file of 3rd Additional Judicial First Class
Magistrate, Kakinada.
3. Background facts in a nutshell are as follows:
A case was registered against three accused persons including the
present appellant for alleged commission of offence punishable under
Section 498-A read with Section 34 of the Indian Penal Code, 1860 (in short
the `IPC'). Initially, the presence of A-1 could not be secured and therefore
court separated the case against A-1 and proceeded the trial against A-2 and
A-3. In the said case A-2 and A-3 were acquitted. Thereafter, the present
application was filed before the High Court taking the stand that the
complainant was not be the legally wedded wife of the appellant as he was
already married and, therefore, Section 498-A has no application to the facts
of the case.
The High Court dismissed the application on the ground that disputed
questions of fact are involved.
4. Learned counsel for the appellant submitted that in view of the
acquittal of the co-accused persons the proceedings against the appellant
should not proceed.
5. Learned counsel for the respondent-State on the other hand submitted
that whether there was valid legal marriage subsisting qua the appellant is a
question of fact and, therefore, the High Court was justified in dismissing
the application under Section 482 of Code.
6. Parties to a marriage tying nuptial knot are supposed to bring about
the union of souls. It creates a new relationship of love, affection, care and
concern between the husband and wife. According to Hindu Vedic
philosophy it is sanskar - a sacrament; one of the sixteen important
sacraments essential to be taken during one's lifetime. There may be
physical union as a result of marriage for procreation to perpetuate the lineal
progeny for ensuring spiritual salvation and performance of religious rites,
but what is essentially contemplated is union of two souls. Marriage is
considered to be a junction of three important duties i.e. social, religious and
spiritual. A question of intricate complexity arises in this appeal where
factual scenario has to be also considered.
7. Stand of the appellant was that it was required to be shown that the
victim-woman was the legally married wife of the accused. Since victim
claim to have married during the lifetime of the appellant, prosecution has
failed to establish that it stood dissolved legally. Prosecution having failed to
bring any material record in that regard, Section 498-A has no application.
8. The marriages contracted between Hindus are now statutorily made
monogamous. A sanctity has been attributed to the first marriage as being
that which was contracted from a sense of duty and not merely for personal
gratification. When the fact of celebration of marriage is established it will
be presumed in the absence of evidence to the contrary that all the rites and
ceremonies to constitute a valid marriage have been gone through. As was
said as long as 1869 "when once you get to this, namely, that there was a
marriage in fact, there would be a presumption in favour of there being a
marriage in law". (See Inderun Valungypooly v. Ramaswamy (1869 (13)
MIA 141.) So also where a man and woman have been proved to have lived
together as husband and wife, the law will presume, until contrary be clearly
proved, that they were living together in consequence of a valid marriage
and not in a state of concubinage. (See Sastry Velaider v. Sembicutty (1881
(6) AC 364) following De Thoren v. Attorney General (1876 (1) AC 686)
and Piers v. Piers (L.R.(2) H.L.C. 331). Where a marriage is accepted as
valid by relations, friends and others for a long time it cannot be declared as
invalid. In Lokhande's case (supra), it was observed by this Court "The
bare fact that man and woman live as husband and wife it does not at any
rate normally give them the status of husband and wife even though they
may hold themselves before the society as husband and wife and the society
treats them as husband and wife". These observations were cited with
approval in Surjit Kaur v. Garja Singh and Ors. (AIR 1994 SC 135). At first
blush, it would seem that these observations run counter to the long catena
of decisions noted above. But on closer examination of the facts of those
cases it is clear that this Court did not differ from the views expressed in the
earlier cases. In Lokhande's case (supra), this Court was dealing with a case
of prosecution for bigamy. The prosecution had contended that second
marriage was gandharva form of marriage and no ceremonies were
necessary and, therefore, did not allege or prove that any customary
ceremonies were performed. In that background, it was held that even in the
case of gandharva marriages, ceremonies were required to be performed. To
constitute bigamy under Section 494 IPC, the second marriage had to be a
valid marriage duly solemnized and as it was not so solemnized it was not a
marriage at all in the eye of law and was therefore invalid. The essential
ingredient constituting the offence of Bigamy is the "marrying" again during
the lifetime of husband or wife in contrast to the ingredients of Section 498A
which, among other things, envisage subjecting the woman concerned to
cruelty. The thrust is mainly "marrying" in Section 494 IPC as against
subjecting of the woman to cruelty in Section 498A. Likewise, the thrust of
the offence under Section 304B is also the "Dowry Death". Consequently,
the evil sought to be curbed are distinct and separate from the persons
committing the offending acts and there could be no impediment in law to
liberally construe the words or expressions relating to the persons
committing the offence so as to rope in not only those validly married but
also any one who has undergone some or other form of marriage and thereby
assumed for himself the position of husband to live, cohabitate and exercise
authority as such husband over another woman. In Surjit Singh's case
(supra) the stand was that the marriage was in Karewa form. This Court held
that under the custom of Karewa marriage, the widow could marry the
brother or a relation of the husband. But in that case the man was a stranger.
Further even under that form of marriage certain ceremonies were required
to be performed which were not proved. Dealing with the contention relating
to presumption, reference was made to Lokhande's case (supra). As the
parties had set up a particular form of marriage which turned out to be
invalid due to absence of proof of having undergone the necessary
ceremonies related to such form of marriage, the presumption of long
cohabitation could not be invoked.
9. The presumption may not be available in a case, for example, where
the man was already married or there was any insurmountable obstacle to
the marriage, but presumption arises if there is strong evidence by
documents and conduct. Above position has been highlighted in Mayne's
Hindu Law and Usage.
10. The question as to who would be covered by the expression `husband'
for attracting Section 498A does present problems. Etymologically, in terms
of the definition of "husband" and "marriage" as given in the various Law
Lexicons and dictionaries - the existence of a valid marriage may appear to
be a sine qua non for applying a penal provision. In Smt. Yamunabai
Anantrao Adhav v. Anantrao Shivram Adhav and Anr. (AIR 1988 SC 644) a
woman claimed maintenance under Section 125 of the Code of Criminal
Procedure, 1973 (in short the `Cr.P.C.'). This Court applied the provision of
the Marriage Act and pointed out that same was a law which held the field
after 1955, when it was enacted and Section 5 lays down that for a lawful
marriage the necessary condition that neither party should have a spouse
living at the time of the marriage is essential and marriage in contravention
of this condition therefore is null and void. The concept of marriage to
constitute the relationship of `husband' and `wife' may require strict
interpretation where claims for civil rights, right to property etc. may follow
or flow and a liberal approach and different perception cannot be an
anatheme when the question of curbing a social evil is concerned.
11. The question of origin of dowry or dos has been the subject of study
by theoreticians. Mayne says that it was a contribution by the wife's family,
or by the wife herself, intended to assist the husband in bearing the expenses
of the conjugal household (Mayne on "Early History of Institution" page
319). While dos or dowry previously belonged to husband, his right over it
being unrestricted, all the property of the wife not included in the dowry was
called her "paraphra" and was her absolute property over which her husband
had no control. (See Banerjee on `Marriage and Stridhan' 345) In Pratibha
Rani v. Suraj Kumar and Anr. (AIR 1985 SC 628) after tracing out the
history of stridhan it was held that wife is the absolute owner of such
property under Section 27 of the Marriage Act. Property presented to the
husband and wife at or about the time of marriage belongs to them jointly.
12. The Dowry Prohibition Act, 1961 (in short the `Dowry Act') was
introduced to combat the ever-increasing menace of dowry. The avowed
object is prohibition on giving and taking of dowry. Section 2 defines
"dowry". Section 4 provides the penalty for demanding "dowry", while
Section 5 is a significant provision making agreement for giving or taking
dowry to be void. Section 6 is another provision which reflects statutory
concern for prevention of dowry, be it taking or giving. It is provided therein
that pending transfer of the dowry, the person who received the dowry holds
it in trust for benefit of the woman. Amendment to Section 2 by Amendment
Act 43 of 1986 has made the provision clear and demand made after the
marriage is a part of dowry, in view of addition of words "at or before or
after the marriage". (See State of H.P. v. Nikku Ram (AIR 1996 SC 67).
13. The definition of the term `dowry' under Section 2 of the Dowry Act
shows that any property or valuable security given or "agreed to be given"
either directly or indirectly by one party to the marriage to the other party to
the marriage "at or before or after the marriage" as a "consideration for the
marriage of the said parties" would become `dowry' punishable under the
Dowry Act. Property or valuable security so as to constitute `dowry' within
the meaning of the Dowry Act must, therefore, be given or demanded "as
consideration for the marriage."
14. Section 4 of the Dowry Act aims at discouraging the very "demand"
of "dowry" as a `consideration for the marriage' between the parties thereto
and lays down that if any person after the commencement of the Act,
"demands", directly or indirectly, from the parents or guardians of a `bride'
or `bridegroom', as the case may be, any `dowry' he shall be punishable
with imprisonment or with fine or within both. Thus, it would be seen that
Section 4 makes punishable the very demand of property or valuable
security as a consideration for marriage, which demand, if satisfied, would
constitute the graver offence under Section 3 of the Act punishable with
higher imprisonment and with fine which shall not be less than fifteen
thousand rupees or the amount of the value of such dowry whichever is
15. The definition of the expression `dowry' contained in Section 2 of the
Dowry Act cannot be confined merely to be `demand' of money, property or
valuable security' made at or after the performance of marriage. The
legislature has in its wisdom while providing for the definition of `dowry'
emphasized that any money, property or valuable security given, as a
consideration for marriage, `before, at or after' the marriage would be
covered by the expression `dowry' and this definition as contained in
Section 2 has to be read wherever the expression `dowry' occurs in the Act.
Meaning of the expression `dowry' as commonly used and understood is
different than the peculiar definition thereof under the Act. Under Section 4,
mere demand of `dowry' is sufficient to bring home the offence to an
accused. Thus, any `demand' of money, property or valuable security made
from the bride or her parents or other relatives by the bridegroom or his
parents or other relatives or vice-versa would fall within the mischief of
`dowry' under the Act where such demand is not properly referable to any
legally recognized claim and is relatable only to the consideration of
marriage. Marriage in this context would include a proposed marriage also
more particularly where the non-fulfilment of the "demand of dowry" leads
to the ugly consequence of the marriage not taking place at all. The
expression "dowry" under the Dowry Act has to be interpreted in the sense
which the statute wishes to attribute to it. The definition given in the statute
is the determinative factor. The Dowry Act is a piece of social legislation
which aims to check the growing menace of the social evil of dowry and it
makes punishable not only the actual receiving of dowry but also the very
demand of dowry made before or at the time or after the marriage where
such demand is referable to the consideration of marriage. Dowry as a quid
pro quo for marriage is prohibited and not the giving of traditional presents
to the bride or the bridegroom by friends and relatives. Thus, voluntary
presents given at or before or after the marriage to the bride or the
bridegroom, as the case may be, of a traditional nature, which are given not
as a consideration for marriage but out of love, affection or regard, would
not fall within the mischief of the expression `dowry' made punishable
under the Dowry Act.
16. Aryan Hindus recognised 8 forms of marriage, out of which four were
approved, namely, Brahma, Daiva, Arsha and Prajapatya. The dis-approved
forms of marriages were Gandharva, Asura, Rakshasa and Paisacha. In the
Brahma form of marriage, some amounts had to be spent by father/guardian,
as the case may be, to go ultimately to the spouses. The origin of dowry may
be traced to this amount either in cash or kind.
17. The concept of "dowry" is intermittently linked with a marriage and
the provisions of the Dowry Act apply in relation to marriages. If the legality
of the marriage itself is an issue further legalistic problems do arise. If the
validity of the marriage itself is under legal scrutiny, the demand of dowry in
respect of an invalid marriage would be legally not recognizable. Even then
the purpose for which Sections 498A and 304B-IPC and Section 113B of the
Indian Evidence Act, 1872 (for short the `Evidence Act') were introduced
cannot be lost sight of. Legislations enacted with some policy to curb and
alleviate some public evil rampant in society and effectuate a definite public
purpose or benefit positively requires to be interpreted with certain element
of realism too and not merely pedantically or hyper technically. The obvious
objective was to prevent harassment to a woman who enters into a marital
relationship with a person and later on, becomes a victim of the greed for
money. Can a person who enters into a marital arrangement be allowed to
take a shelter behind a smokescreen to contend that since there was no valid
marriage the question of dowry does not arise? Such legalistic niceties
would destroy the purpose of the provisions. Such hairsplitting legalistic
approach would encourage harassment to a woman over demand of money.
The nomenclature `dowry' does not have any magic charm written over it. It
is just a label given to demand of money in relation to marital relationship.
The legislative intent is clear from the fact that it is not only the husband but
also his relations who are covered by Section 498A. Legislature has taken
care of children born from invalid marriages. Section 16 of the Marriage Act
deals with legitimacy of children of void and voidable marriages. Can it be
said that legislature which was conscious of the social stigma attached to
children of void and voidable marriages closed eyes to plight of a woman
who unknowingly or unconscious of the legal consequences entered into the
marital relationship. If such restricted meaning is given, it would not further
the legislative intent. On the contrary, it would be against the concern shown
by the legislature for avoiding harassment to a woman over demand of
money in relation to marriages. The first exception to Section 494 has also
some relevance. According to it, the offence of bigamy will not apply to
"any person whose marriage with such husband or wife has been declared
void by a Court of competent jurisdiction". It would be appropriate to
construe the expression `husband' to cover a person who enters into marital
relationship and under the colour of such proclaimed or feigned status of
husband subjects the woman concerned to cruelty or coerce her in any
manner or for any of the purposes enumerated in the relevant provisions -
Sections 304B/498A, whatever be the legitimacy of the marriage itself for
the limited purpose of Sections 498A and 304B IPC. Such an interpretation,
known and recognized as purposive construction has to come into play in a
case of this nature. The absence of a definition of `husband' to specifically
include such persons who contract marriages ostensibly and cohabitate with
such woman, in the purported exercise of his role and status as `husband' is
no ground to exclude them from the purview of Section 304B or 498A IPC,
viewed in the context of the very object and aim of the legislations
introducing those provisions.
18. In Chief Justice of A.P. v. L.V.A. Dixitulu (1979 (2) SCC 34), this
Court observed:
"The primary principle of interpretation is that a
constitutional or statutory provision should be construed
"according to the intent of they that made it" (Coke).
Normally, such intent is gathered from the language of
the provision. If the language or the phraseology
employed by the legislation is precise and plain and thus
by itself proclaims the legislative intent in unequivocal
terms, the same must be given effect to, regardless of
the consequences that may follow. But if the words used
in the provision are imprecise, protean or evocative or
can reasonably bear meanings more than one, the rule of
strict grammatical construction ceases to be a sure guide
to reach at the real legislative intent. In such a case, in
order to ascertain the true meaning of the terms and
phrases employed, it is legitimate for the Court to go
beyond the arid literal confines of the provision and to
call in aid other well-recognised rules of construction,
such as its legislative history, the basic scheme and
framework of the statute as a whole, each portion
throwing light, on the rest, the purpose of the
legislation, the object sought to be achieved, and the
consequences that may flow from the adoption of one in
preference to the other possible interpretation.
19. In Kehar Singh v. State (Delhi Admn.) (AIR 1988 SC 1883), this
Court held:
"....But, if the words are ambiguous, uncertain or any
doubt arises as to the terms employed, we deem it as out
paramount duty to put upon the language of the
legislature rational meaning. We then examine every
word, every section and every provision. We examine
the Act as a whole. We examine the necessity which
gave rise to the Act. We look at the mischiefs which the
legislature intended to redress. We look at the whole
situation and not just one-to-one relation. We will not
consider any provision out of the framework of the
statute. We will not view the provisions as abstract
principles separated from the motive force behind. We
will consider the provisions in the circumstances to
which they owe their origin. We will consider the
provisions to ensure coherence and consistency within
the law as a whole and to avoid undesirable
20. In District Mining Officer v. Tata Iron & Steel Co. (JT 2001 (6) SC
183), this Court stated:
"The legislation is primarily directed to the problems
before the legislature based on information derived from
past and present experience. It may also be designed by
use of general words to cover similar problems arising
in future. But, from the very nature of thing, it is
impossible to anticipate fully in the varied situations
arising in future in which the application of the
legislation in hand may be called for the words chosen
to communicate such indefinite referents are bound to
be in many cases, lacking in charity and precision and
thus giving rise to controversial questions of
construction. The process of construction combines both
literal and purposive approaches. In other words, the
legislative intention i.e. the true or legal meaning of an
enactment is derived by considering the meaning of the
words used in the enactment in the light of any
discernible purpose or object which comprehends the
mischief and its remedy to which the enactment is
21. The suppression of mischief rule made immortal in Heydon's case (3
Co Rep 7a 76 ER 637) can be pressed into service. With a view to suppress
the mischief which would have surfaced had the literal rule been allowed to
cover the field, the Heydon's Rule has been applied by this Court in a
number of cases, e.g. Bengal Immunity Co. Ltd., v. State of Bihar and Ors.
(AIR 1955 SC 661), Goodyear India Ltd. v. State of Haryana and Anr. (AIR
1990 SC 781), P.E.K. Kalliani Amma and Ors. v. K. Devi and Ors. (AIR
1996 SC 1963) and Ameer Trading Corporation Ltd., v. Shapporji Data
Processing Ltd. (2003 (8) Supreme 634).
22. In Reserve Bank of India etc. etc. v. Peerless General Finance and
Investment Co. Ltd. and others etc. etc. (1987 (1) SCC 424) while dealing
with the question of interpretation of a statute, this Court observed:
"Interpretation must depend on the text and the
context. They are the bases of interpretation. One may
well say if the text is the texture, context is what gives
the colour. Neither can be ignored. Both are important.
That interpretation is best which makes the textual
interpretation match the contextual. A statue is best
interpreted when we know why it was enacted. With
this knowledge, the statute must be read, first as a whole
and then section by section, clause by clause, phrase by
phrase and word by word. If a statute is looked at in the
context of its enactment, with the glasses of the statute-
maker, provided by such context, its scheme, the
sections, clauses, phrases and words may take colour
and appear different than when the statute is looked at
without the glasses provided by the context. With these
glasses we must look at the Act as a whole and discover
what each section, each clause, each phrase and each
word is meant and designed to say as to fit into the
scheme of the entire Act. No part of a statute and no
word of a statute can be construed in isolation. Statutes
have to be construed so that every word has a place and
everything is in its place."
23. In Seaford Court Estates Ltd. v. Asher (1949) 2 All ER 155 (CA),
Lord Denning, advised a purposive approach to the interpretation of a word
used in a statute and observed:
"The English language is not an instrument of
mathematical precision. Our literature would be much
the poorer if it were. This is where the draftsmen of
Acts of Parliament have often been unfairly criticised. A
Judge, believing himself to be fettered by the supposed
rule that he must look to the language and nothing else,
laments that the draftsmen have not provided for this or
that, or have been guilty of some or other ambiguity. It
would certainly save the Judges trouble if Acts of
Parliament were drafted with divine prescience and
perfect clarity. In the absence of it, when a defect
appears, a Judge cannot simply fold his hands and
blame the draftsman. He must set to work on the
constructive task of finding the intention of Parliament,
and he must do this not only from the language of the
statute, but also from a consideration of the social
conditions which gave rise to it and of the mischief
which it was passed to remedy, and then he must
supplement the written word so as to give `force and
life' to the intention of the legislature......A Judge should
ask himself the question how, if the makers of the Act
had themselves come across this ruck in this texture of
it, they would have straightened it out? He must then do
so as they would have doe. A Judge must not alter the
material of which the Act is woven, but he can and
should iron out the creases."
(underlined for emphasis)
24. These aspects were highlighted by this Court in S. Gopal Reddy v.
State of A.P. (1996 (4) SCC 596) and Reema Aggarwal v. Anupam (2004
(3) SCC 199.
25. The High Court was justified in holding that disputed questions of fact
are involved and the application under Section 482 of Code has been rightly
rejected. We do not find any scope for interference with the order of the
High Court. However, we make it clear that we have not expressed any
opinion on the merits of the case.
26. The appeal is dismissed.
New Delhi,
April 29, 2009


Practical and Sincere advice to never married men (boys)

Practical and Sincere advice to never married men (boys)

Much discussion has already done by our seniors already over here, i want to add something in real about this matter with few more details.
The following are words put here after my marriage experience. It is my view only, not a rule put by our community or rule of law that is to be followed. It is purely personal, which I justify by giving instances at times leading to a big story.
Have time go through it. I have prepared for never married men taking into consideration especially like you. I am thankful to forum that I am able to put through this means.
One of my friends told and I have read it in many places that a man can be understood clearly to 99% of accuracy but a woman can never be understood even to 49% of what is store in her mind.
I have used video recording in most of the contexts, we can get these cameras at an economical cost in market today. Audio recorders or mobile phones can be used. After recording copy them in local hard disks, CD's, DVD's as soon possible. Don't every try to modify the original recordings, Keep it at a safe place. There is some place for these evidences in court proceedings (If the records are not applicable before court at least they will be applicable before people's court, so keep a record of all things possible.). Give complaints to local police station whether you get them or not, when your mobile is lost, clearly stating the date, time, mobile model and the capacity of memory card.
Scan each and every document and store in a safe place globally along with the electronic records accessible through internet. There are plenty of sites offering these services, only thing is you need to login before some specified days, otherwise there is a danger of losing all files. If you have any trouble knowing these you may let me know. Documental evidences are always applicable in court.
You should be cautious with three W's - Wine, woman and Wife according to an English proverb. These are three most dangerous things in any one's life. First two you know, last you might not be. I explain here, wife is also a most dangerous person when she is against you. When all well she is heart and love for you, you will say everything what is store in it which you might have never said even to a close friend or your parents who are whole and sole in your life even when you are at good and bad times in every way possible to them. So she knows even the password of your personal PC, laptop, official passwords, official people, and what not, each and every aspect of you personal and impersonal, family related matters, strength and weakness of each and every member of your family, your resources of income, your income and the story goes like this. You might take a cue from all this that how much personal it is with a wife. She also have access to every relation by phone and email and what ever way, even personally she has been with us through our family or when we make visit to friends and relatives. So she has every chance of putting all possible hurdles when something goes wrong with her from our side. It is also there that we also have the samething, but law is in favour of women, in our Indian society only women gets the support, not the men community. Women can ask for divorce in front of a judge, but a man cannot ask for divorce, he can only ask for justice to be done.
Before Marriage:
These things are done as a measure of precautionary measure/to be safe side, not compulsory that each and every aspect is met. But will be helpful when there is some problem. We take precautionary measures in offices like servicing the vehicle, cleaning up the system, the same way this one.
1. Do not go into detail every aspect of your personal life while discussing on phones or when you meet personally.
2. Don't take frantic calls/ make frantic calls pretend you are busy, tell softly will get back soon when time permits, go when you really have time to leisure. This need not be done every time when she makes a request. Sometimes exclaim her that we will go, within a short notice.
3. Don’t talk much from your side, just try to get as much information, pretend you are also giving that much information when asked but never complete information. Eat out the actual point in your discussion by bringing something more.
4. Enjoy outings to a limit, you are still unmarried.
5. Never ever stay with your about in-laws before and after marriage unless there is something which happened contrary to your plan and expectation or when helpless.
6. Don’t make frequent visits to your in-laws any time(I mean before and after marriage whenever the context of any time comes).
7. Don’t send frantic messages, namely you are the world; you are my only love ... any time.
8. If you have very affection keep it in yourselves don’t ever try to express even after marriage.
9. Try to record happy moments in front of her with her knowledge. Moments should be recorded whether it is a happy note or sad note.
10. Record all discussions in video possible when some financial matters aspect, that to in the presence of elders (relatives may or may not be considered but third party person is compulsory concerned who is near to you or who knows about your family and is concerned to your family - the person/person's in consideration).
11. There should be agreement that in case of any problem, either party should not try to disturb others by any means (this agreement details can be got from a lawyer, they have done good homework after many false cases) and paper evidences of what ever you have given and taken from them or given by you. Everything should be witnessed by the person discussed above.
12. Even for Sthridhan there should be evidence of what you have taken and what they have given. Everything should be witnessed by the person discussed above.
13. If you feel that you that you hurt feelings don’t go over, say sorry and tell it will not be repeated. Try not repeat again in your life. But never expect from the opposite side that she will do the same as you are trying to do.
14. If your attitude hurts her beyond your thinking, although you are right in your own way, better not to marry her.
After marriage
About Marriage:
A wife is the most concerned woman who looks after a husband at their house, keeping a watch that when he comes. She is the one who has left her parents in faith that you will look after her. Even though if she does no work if she is a house wife, she does all the household work, look after the house where on lives, domestic chores and many more cannot be looked single handedly with any other's help, Supreme court also gave ruling that she is doing work of Rs.3000/- and many other things which cannot be counted on her part. So, treat her on par with you reason she is equally respected however bigger you are, children of lesser age take blessings from both of us, this shows that she is equal to our level, even though she is younger to us, or earns less than us. This can be equally observed when we are at marriages, occasions, social meetings, functions, poojas...... So, take proper care from your side that all is well and nothing beyond.
1. Do not go into detail every aspect of your personal life while discussing on phones or when you meet personally, reveal some which you expect that it is not going to hit your privacy even if there is some misunderstanding.
2. Don't take frantic calls pretend you are really busy putting a sorry note in a soft manner, never cry foul, show your emotions, and never show official problems (keep your official problems with you and your friends every time) on her put a date for going when you are free, chart out a plan that you make some times and sometimes a miss due to co-incidence due to some other that you may not go for that but some other thing which expected not to happen.
3. Don’t talk much from your side, just try to get as much information, pretend you are always with her every time although you are thing some other thing. Don't talk much is the rule of marriage to keep away differences, unnecessary discussions, the much you talk much discussions will lead to some other thing contrary to what we expect.
4. Enjoy outings to a limit convenient to you, you are now married. Your bachelorhood has come to an end. You cannot be the same as previous lover of your wife as you have no reason for getting her away from you, this being in your mind; you will just take granted for what you have done earlier. But she is in no mood of what you are in; keeps thinking that you should be the same old man what she though before and like you to be like that. This can never be possible. But we can take out some time for leisure.
5. Never ever stay with your in-laws before and after marriage unless there is something which happened contrary to your plan and expectation or when you are helpless, unless it is a customary. Your stay will lesser your image that's what I say.
They have more personal look of you when you are at their place, can go more personal about your feelings, likings and want to get more closer than you have enjoyed (but I feel business entity, should be different from personal entity which is generally followed in accounting terms). The marriage which has happened is a busy entity. Marriage, although one form of business of living, it cannot be insured, I mean a loss of one's marriage cannot be insured. A loss of wife or husband can be insured. That is importance given for a marriage of two persons. By this you can expect how fragile a marriage is. This means that marriage cannot be trusted or one can have good faith in marriage.
6. Don’t make frequent visits to your in-laws any time. If you have no business there, take turn of your vehicle on road itself and come back to your place after dropping her or meet a friend if nearby if it happens that you may need to take her back after sometime. When picking up, you might go inside for some time, but do not stays there on one or more pretext even if your wife is not willing to come, after three or four times of such a measure she will automatically make her mind. If she doesn’t make her mind, there is some action needed from our side.
7. Send messages, prevent calls either side, otherwise trouble of getting all the calls (mostly unnecessary) creating disturbance to work and in front of boss, or anytime when we are in work or when we are not in a mood to take any calls after much exhaustion. But send proper messages at times when we are late, we have a meeting, we had to have a dinner but never say that you are your parents place if you happen to have parents in the same city and you had to go there with out her or against her wishes.
8. If you have very affection about her, keep it in yourselves don’t ever try to express it. But express it before people, your friends, parents, her parents but never before her.
9. Try to record happy moments soon after marriage, they cannot be returned again in your life time. The same will not be got back at any cost. Moments should be recorded whether it is a happy note or sad note.
10. If it happens that there are some disturbances that is going to happen or has happened, don’t get directly involved in it with your parents and her parents. Always bring the third person discussed the good Samaritan in our marriage from our side and discuss in front of him. All this should be video recorded. If the other party objects for some, don't come in line with them, ask them to come in their own way or give another camera to capture the events in their own way. But never resort to change in original any way by the new technology, it can go awry. We cannot underestimate the technology use by any one, although however unknowledgeable the government or the court may be of these.
10. All giving’s and taking should be recorded in a friendly manner, one video recorder and camera person from our family should always take that duty. This will make habituated without any objections from either side, because he keeps recording each and every aspect which is known to both the families. So, never ever forget to record all discussions in video when some financial matters aspect is concerned, that to in the presence of elders (relatives may or may not be considered but third party person is compulsory concerned who is near to you or who knows about your family and is concerned to your family
- the person/person's in consideration).
11. All will be well when all is flourishing well but when differences arise there will be none, if you take a single path.
Therefore, there should be a definite agreement if not taken already earlier, that in case of any problem, either party should not disturb others by any means (this agreement format and other details can be got from a lawyer, they have done good homework after many false cases) and paper evidences of what ever you have given and taken from them or given by you.
Everything should be witnessed by good Samaritan.
12. Even after that meeting, if you find no change, you have to think twice. You can sense by their actions that a doomsday will come. Pretend that you are not in mood of any change with what you are doing. This will irritate and finally one day she will leave. Try to keep talking always with her and her family members, relatives from the opposite side (all these days of marriage you might have met, keep in contact for future use, call them for parties, social meetings that happen in the family either side, be close to them, they are always better than our in-laws from whom you can get much details and also they are moreover like us). Don’t put details unless they themselves start about the current happenings.
13. Incase of problem: Don't stay at weekends mainly from Friday evening onwards, as Saturday and Sunday being holiday for courts to apply for bail, the complaint whenever it may be filed, they will come on Friday night to give trouble. If such a situation has come to go jail, go along with them without any protest. Before going for a decision when the trouble started, think whether you want to live your wife in future or not.
First Case: If you want to live because of several problems, family problems, monetary problems and what not go for jail do nothing; you or your people will get back on bail in 3 to 4 days in total. This will leave the whole family who met such jail not to take back the girl, but due to inherent fear they say you should live with her without any further trouble. Then you decide that you will be with her. Now try adjusting, if she comes in line its well and good. Otherwise, you can do what she has mentioned in the complaint to her and discharge her, closing the chapter of hers in your book. Now, you can do as you wish, if again jailed no problem, once jailed or repeated jails even 100 times won't matter, then you can decide your next course of action. Now you will be definitely free from your wife and own pestering by your family members and others.
Second Case: If you think you can never get along with her. Go to jail. You will get bail in 3 to 4 days. Before the police you say, whatever you do I am not interested any more in my wife. This word will make them think twice and the same thing should be put before the lawyer saying that "I don't want to live with the bitch that had put me in jail; the case file by her is a false case, which has caused severe mental cruelty to me and my family". On these words the opposite party will apply for divorce or come in terms with you and you are free.
One thing to note, if a vacation happens to be there near your problem, never stay at your place of living. Because all through the holidays of court you will be in jail for no fault of yours. Courts have vacations, like that of schools and colleges, all this has led to the current state of affairs where scores of cases are pending for years together in court.
I have taken extract from a good site which is presented here.
What are the Ten Most Dangerous Mistakes men Probably Make with Women?
Here Are The Top Ten Reasons Why Men Fail With Women...And How To Make Sure YOU Avoid Every One Of These Deadly Common
MISTAKE #1: Being Too Much Of A "Nice Guy"
Have you ever noticed that the really attractive women never seem to be attracted "nice" guys?
Of course you have.
Just like me, I'm sure you've had attractive female friends that always seemed to date "jerks"... but for some reason they were never romantically interested in YOU.
What's going on here?
It's actually very simple...
Women don't base their choices of men on how "nice" a guy is. They choose the men they do because they feel a powerful GUT
And guess what?
Being nice doesn't make a woman FEEL that powerful ATTRACTION.
And being NICE doesn't make a woman CHOOSE you.
I realize that this doesn't make a lot of logical sense, and it's hard to ACCEPT... but GET OVER IT.
Until you accept this FACT and begin to act on it, you'll NEVER have the success with women that you want.
MISTAKE #2: Trying To "Convince Her To Like You"
What do most guys do when they meet a woman that they REALLY like... but she's just not interested?
Right! They try to "convince" the woman to feel differently.
Never, ever, EVER.
You cannot CONVINCE a woman to feel differently about you with "logic and reasoning".
Think about it.
If a woman doesn't "feel it" for you, how in the world do you expect to change that FEELING by being "reasonable" with her?
But we all do it.
When a woman just isn't interested, we beg, plead, chase, and do our best to change her mind.
Bad idea. One that will never work.
MISTAKE #3: Looking To Her For Approval Or Permission
In our desire to please women (which we mistakenly think will make them like us), us guys are always doing things to get a woman's "approval" or "permission".
Another HORRIBLE idea.
Women are NEVER attracted to the types of men who kiss up to them... EVER.
Don't get me wrong here.
You don't have to treat women BADLY for them to like you.
But if you think that treating a woman well means "always getting her approval and permission for things", think again.
You will never succeed by looking for approval. Women actually get ANNOYED at men who seek their approval.
Doubt me? Just ask any attractive woman if Wussy guys who chase her around and want her approval annoy her...
MISTAKE #4: Trying To "Buy" Her Affection With Food And Gifts
How many times have you taken a woman out to a nice dinner, bought her gifts and flowers, and had her REJECT you for someone
who didn't treat her even HALF as well as you did?
If you're like me, then you've had it happen a LOT.
Well guess what?
It's only NATURAL when this happens...
That's right, I said NATURAL.
When you do these things, you send a clear message:
"I don't think you'll like me for who I am, so I'm going to try to buy your attention and affection".
Your good intentions usually come across to women as over-compensation for insecurity, and weak attempts at manipulation.
That's right, I said that women see this as MANIPULATION.
MISTAKE #5: Sharing "How You Feel" Too Early In The Relationship with Her
Another huge and unfortunate mistake that most men make with women is sharing how they "feel" too early on.
Attractive women are rare.
And they get a LOT of attention from men.
Most men don't realize this, but attractive women are being approached in one way or another ALL THE TIME
An attractive woman is often approached several times a DAY by men who are interested. This translate into dozens of times per week, and often HUNDREDS of times per month.
And guess what?
Attractive women have usually dated a LOT of men.
That's right. They have EXPERIENCE.
They know what to expect.
And one thing that turns an attractive women off and sends her running away faster than just about anything is a guy who starts saying "You know, I really, REALLY like you" after one or two dates.
This signals to the woman that you're just like all the other guys who fall for her too fast... and can't control themselves.
Don't do it. Lean back. Relax.
There's a much better way...
MISTAKE #6: Not "Getting" How Attraction Works For Women
Women are VERY different from men when it comes to ATTRACTION.
You need to accept this fact, and deal with it.
When a man sees a beautiful, young, sexy woman, he INSTANTLY feels a sexual-attraction.
But does the same apply for women?
Do women feel sexual-attraction to men based mostly on looks? Or is something else going on?
Well, after studying this topic for over five full years now, I can tell you that women usually have their "attraction mechanisms" triggered by things OTHER than looks.
Have you ever noticed that you see a lot more average and unattractive men with beautiful women than the other way around?
Think about it.
Women are more attracted to certain qualities in men... and they're attracted to the way a man makes them FEEL than they are to looks alone.
If you know how to use your body language and communication correctly, you can make women feel the same kind of powerful sexual attraction to you that YOU feel when you see a hot, sexy young woman.
But it's not an accident. You have to LEARN how to do this.
And ANY guy can learn how...
MISTAKE #7: Thinking That It Takes Money And Looks
One of the most common mistakes that guys make is giving up before they've even gotten started... because they think that
attractive women are only interested in men who have looks and money... or guys who are a certain height... or guys who are a certain age.
And sure, there are some women who are only interested in these things.
But MOST women are far more interested in a man's personality than his wallet or his looks.
There are personality traits that attract women like a magnet...
And if you learn what they are and how to use them, YOU can be one of these guys.
YOU DO NOT have to "settle" for a woman just because you aren't rich, tall, or handsome.
Let me say this again: If you know how to use your body language and communication correctly, you can make women feel the same kind of powerful sexual attraction to you that YOU feel when you see a hot, sexy young woman.
MISTAKE #8: Giving Away All Of Your Power To Women
Earlier I mentioned that it's a mistake to look to a woman for approval or permission.
Well, another similar tactic that a lot of guys use is GIVING AWAY THEIR POWER to women.
Said differently, guys try to get women to like them by doing whatever the woman wants.
Another bad idea...
Women are NEVER attracted to men that they can walk all over... Women aren't attracted to Wussies!
MISTAKE #9: Not Knowing EXACTLY What To Do In Each Type Of Situation With Women
A woman ALWAYS knows what you're thinking.
Women are approximately TEN TIMES better than men at reading body language. That's ten TIMES.
I know, it might be hard to believe. But for example, if you're out on a date with a woman, and you want to kiss her, she knows it.
And if you don't know exactly what to do and exactly HOW to kiss her, and you just sit there looking at her and getting nervous, she won't help!
And this goes for ALL aspects of women and dating...
Approaching a woman, getting her number, asking her out, kissing her, getting physical... everything.
If you don't know what to do in each situation, you will probably screw it up... and LOSE EVERYTHING.
And you KNOW it.
It is VITALLY important that you know EXACTLY how to go from one step to the next with a woman... from the first meeting, all the way to the bedroom.
MISTAKE #10: Not Getting HELP
This is the biggest mistake of all.
This is the mistake that keeps most men from EVER having the kind of success with women that they truly want.
I know, guys don't like to make themselves look weak or helpless. We don't like to ask for help.


also read http://498a.org/forum/viewtopic.php?f=11&t=3561