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“Shri Vithal Namah:”

WARNING a) NOT TO BE Use and Dissemination (in any form, print, verbal, action or otherwise); the present article, FOR COMMERCIAL USE OR ANY PROFIT, OR DEISRED TO BE EXPECTED PROFIT OR COMMERCIAL UTILIZATION, WITHOUT THE PRIOR WRITTEN APPROVAL form the author (Mr. Naveen Kumar). b) The exclusive and original rights of use in any manner whatsoever are subsisting with “The Law Office” more specifically the author Mr. Naveen Kumar, only.

SECTION 125 DESIGNED FOR NEEDY NOT THE GREEDY Where as the Section 125 of Cr.P.C is meant for support of a women who is not able to support or maintain herself, in reality the same is being grossly misused by unscrupulous women at large.

Office: 4214 A, No 1, Ansari Road, Darya Ganj, New Delhi- 110002.

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www.thelawoffice.co.in | info@thelawoffice.co.in | +91-85.86.97.26.36 | replyshelar@yahoo.com Member of Trust Law Connect, www.trust.org | CSR- Nayaya a Voice for Justice, www.nayaya.co.in

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The husband who is already fighting a false case of dowry and beating in the Supreme Court of India says “This clearly shows to what level women have gone to extort money from their husbands”. A lot of the

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Delhi High Court in Santosh Malhotra vs Ved Prakash Malhotra And Others, observed that women seems to be trying to abuse the benevolent provisions of Section 125 Cr.P.C. This Section is designed to help the needy and not the greedy. It is not meant for settling the personal scores, but it is experienced that it is often being misused.


“Shri Vithal Namah:”

women are getting married just to immediately file false cases and getting their husbands arrested and then they ask for lots of money to settle the case. When are we going to have any law which protects the husbands against such erring wives who are misusing the law and harassing the husbands?” Indeed the innocent husband is unnecessary burdened to face the trial of such false case. Even though by providing very strong remedies to the petitioner, amelioration of the weaker sex and women empowerment have been uppermost in the mind of the Parliament, everyone concerned should not forget that violence is not to be met by violence. It is very easy to misuse the provisions of the Act and gain an unfair advantage over the adversary. Such tendencies will ultimately turn out to be counter productive. Andhra HC in 2002 – “….It is for the Law Commission and the Parliament either to continue that provision (Section 498 IPC) in the same form or to make the offence a non cognizable one and a Bailable one so that the ill-educated women of this country and their parents do not misuse the provision, to harass innocent people for the sin of contacting marriage with egoistic women….”

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The current family court system has a thoroughly dissatisfying record. Over the last 17 years it has fostered intense anger, frustration and resentment over the continual misuse and abuse of its power and authority. It has become a system that has lost trust of the majority population regarding its capability to provide any kind of a fair and just forum for handling family disputes. Unless the present situation of the family courts is remedied, the women will be forced to continue to remain unsecured within their family and society.

Office: 4214 A, No 1, Ansari Road, Darya Ganj, New Delhi- 110002.

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Side effects of section 125 Cr.P.C 2|Page

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“Shri Vithal Namah:”

This is such a powerful weapon which are polluting the mind of women to some extend with the effect and influence of western culture women are using this right not to mending the way of the husband rather as a tool to extort the money from the husband. But this is not hundred per cent apply for each and ever case there are cases where actually require. But ultimately once the women use this weapon an unwanted barrier put in the mind of husband and the love and affection gone, and remains only distress and disrespect. And some time with gravity, it leads to divorce. Conclusion The intention of the legislature to insert this provision was not to be used this section as a means of extortion, but to support and save the vulnerable class of the society, which give strength and financial support to women. The practical reason to breakdown this section is, it is being used in a harsh by the authorities and the women, the concern authority rather awarding the maintenance mechanically look at the practical aspect to save the live, and more and more mediation and conciliation methods need to be use simulteniously.

Naveen Kumar Shelar

3|Page Office: 4214 A, No 1, Ansari Road, Darya Ganj, New Delhi- 110002. LL.B, M.B.A, M.A, R.T.M, DIP’ MKET www.thelawoffice.co.in | info@thelawoffice.co.in | +91-85.86.97.26.36 | replyshelar@yahoo.com Advocate & Founder – The Law Office “TLO” Secretary Generalwww.trust.org – Nayaya A |Voice for Justice Helpless” Member of Trust Law Connect, CSR- Nayaya a Voice“Helping for Justice,the www.nayaya.co.in Member India – Trust law Connect U.K, “Global Pro Bono Service” Author – Academic and Professional Legal books, & Management Articles

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ADVOCATE ~ CONSULTANT ~ AUTHOR ~ FACULTY


“Shri Vithal Namah:”

Professional Background Entrepreneurial by nature and able to see the „bigger picture‟, utilizes skills from an extensive background in well-known multi nationals, within legal Interpretations, Risk Analysis, General Management, Innovation and Change Management. In excess of 14 years hands on experience gained from within the IT, ITES, Manufacturing, International Schools, Ecomers, food chains, Education, leisure, and travel, with specific skills in Contract Management, Litigations, Setting up Business Units in India and shut down of business units formalities, Government Approvals, Process and Procedure Establishments, Statutory Compliances, Risk Analysis, joint ventures. Advocate & Legal Consultant: Background includes in-house and law firm experience counseling clients on a broad range of complex legal, business, and strategic issues Author and Faculty: He produced some magnificent writing in law, management and technology and more than 60 Articles featured on many websites, and has been awarded Expert Author certificate from ezinearticles.com 2007. He is the author of “Commentary on New Land Acquisition Act, 2013 and Analysis of Indian Contract Act. He loves to interact with law student and visiting faculty in many universities, and law conferences and talks.

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EXPERT EXPERIENCE WITH ORGANIZATIONS - Litigations - American Embassy School Chanakya Puri New Delhi Officer head a tem of 60 People comprise 5 Department - Legal Research - Lime Wire LLC (Gurgaon, Noida) - Drafting and Review of Contracts - Legal and Administration Operations |Page - Strategic Alliance and Risk and Gap Analysis Office: 4214 A, No 1, Ansari Road, Darya Ganj, New Delhi-Establish 110002. Indian 4 - Toyota Kilosker Motors Maneser Haryana - Establishing and Shut Down Business Units in India www.thelawoffice.co.in | info@thelawoffice.co.in | +91-85.86.97.26.36 | replyshelar@yahoo.com Offer head a team of 40 people comprise of 4 departments - Policies, Procedures and SOP for each operational elements Member of Trust Law Connect, www.trust.org | CSR- Nayaya a Voice for Justice, www.nayaya.co.in

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Practice Areas: Consulting & Execution: Social entrepreneur: He has firm believe access to justice for all, and to extended this belief he established an  Contract laws (Indian & Overseas)  Mergers and acquisitions (due diligence) NGO “Nayaya A Voice For Justice” which run and managed by voluntarily who are advocates and Ret. judges  Corporate & Commercial Laws  Construction Management ( end to end planning, strategy, execution) to Real helpestate the &poor litigants, Nationalimprovements and International organizations, Societies, Trust, Infrastructure law and members of Technology (analysis, and strategy) Institutions, etc. to ensure of an opportunity to seek merelystrategy, for want of funds or  Labour & Industrial Law that nobody is deprived  Establishing Business In India( end justice to end planning, execution)  Intellectual Property & Cyber Law  Strategic Alliance and Risk Analysis lack of knowledge.  Competition/Antitrust Law  Policies, Procedures and SOPs  Arbitration and Conciliation  Banking, Financing and Loan  Dispute Resolution  Government Approvals and Clearance  Family Law  Gap Management  Criminal & Civil Law  Legal Researches


“Shri Vithal Namah:”

MEMBERSHIP & PARTNER - Trust law connect - Member of Delhi Bar Council - Associate Member Indian Institute of International Law, New Delhi

ASSOCIATIONS Law Firm - Gupta & Associates (Ret. ADJ Delhi) - Mehta & Mehta Associates - A.D Associates (Singapore) - Mittal & Co Technology Partners - Feather labs - Sujoy Mukher jee ( 17 years exp IT) Charted Accountant - Sikka & Company - Rohit Gupta & Company

Blog:  www.knowledgecrust.blogsopt.com LinkedIn:  www.linkedin.com/in/thelawoffice Publication:  http://www.articlesbase.com/authors/naveen-kumar-shelar/53386  http://www.scribd.com/naveen_kumar_134

HONORS AND AWARDS  Star Performer Award for Outstanding work, 2007  Expert Author certificate from ezinearticles.com 2007  Star Performer Award for Outstanding work, 2008

Books:  Commentary on New Land Acquisition Act, 2013  Analysis of Indian Contract Act

RESEARCH - OPNION  Law and cultural aspect in India on LGBT MOST POPULAR ARTICLES  Manager‟s Behavior and Productivity

TESTIMONIAL

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“If you are looking for a one man army that can resolve all your facilities, administration and government department related problems than Naveen is the answer. Building facilities from scratch, working with contractors, getting government clearance, searching for new properties, arranging transport, working with telecom vendors, working with Department of telecommunications (DOT) Naveen has done it all. Additionally he very aware of his surroundings and ready to learn new things” Jishnu Kinwar, Director IT-Operations, Lime Labs LLC

Office: 4214 A, No 1, Ansari Road, Darya Ganj, New Delhi- 110002.

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www.thelawoffice.co.in | info@thelawoffice.co.in | +91-85.86.97.26.36 | replyshelar@yahoo.com Member of Trust Law Connect, www.trust.org | CSR- Nayaya a Voice for Justice, www.nayaya.co.in

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