There is a lot written about horror faced by families who get entangled in 498A cases, but nothing is said about the consequences faced by women who file these cases, if the plan backfires. 498A is ultimately a gamble. These women file cases at the advice of their lawyers, close relatives with vested interests or just to persecute the hubby and in-laws or to defraud the hubby and his family as they know that this law is actually designed to be more effective as a tool for extortionists and blackmailers than for protecting women facing dowry harassment or domestic violence.
The best source to know more about the consequences of filing a false case is the document by Madhu Purnima Kishwar (http://tinyurl.com/2rbmxs). She is a respected fighter for women’s rights, unlike the tabloid feminists of today who misrepresent facts and who hog the headlines with shrill statements (remember the Pooja Chauhan episode?).
Read this article in the LATimes to get an idea about what divorced womens finances look like.
I think you need to read what she has to say. I’ve put together a few points of my own:
- Divorce after a 498A is guaranteed. 498A is a nuclear weapon. It should never be used for any other purpose than what it was intended for, which was to protect women from dowry harassment. It was not designed to allow it be used to settle scores or as an extortion tool. If the accused fight back, the filers of a false 498A will face the consequences.
- She won’t get married again. The reason being our very conservative society. Feminism may be a fashionable thing to bandy about, but no family, including the family of the filer of a false 498A, would like to admit one of their own into their homes. This is all about power politics in relationships and once it is known that a woman had filed a false 498A, she will be treated like radioactive material.
- Her sister(s) may eventually run off with the milkman or something along similar lines may happen as they risk remaining spinsters.
- Any sisters-in-law she may have will turn against her as time goes by. Her brothers may not get married again. Think about this. Would you be willing to send your sister/daughter into a home where there is woman who has quarreled with a decent husband and used the law to terrorize him and his family? How happy would your sister/daughter be in a home like that? How secure would a family feel, if the sister of the woman who filed a false 498A enters the house as a bride? It also says a lot about that family that they did not discourage her from doing so.
- The filer of a false 498A may face arrest under Section 182. The sentence may range up to 6 months.
- If kids are involved, their well-being may be threatened as fathers play a crucial role in the up bringing of a child. A 498A almost always results in a divorce.
- If the 498A is being filed at the instigation of close relatives and for no valid justification, be assured of this, once the relatives get what they want, they will abandon the woman.
- The woman may get fined by the court for filing false charges. Click here for the news article.
Finally, dear 498A abusing wives, heed these words of wisdom:
“In the spring of your youth, in the morning of your days, when the eyes of men gaze on you with delight, and nature whispers in your ear the meaning of their looks; ah! hear with caution their seducing words; guard well your heart. Do not listen to their soft persuasions. Remember you are made man`s reasonable companion, not the slave of his passion. The end of your being is not merely to gratify his loose desire, but to assist him in the toils of life, to soothe him with your tenderness, and recompense his care with soft endearments.”
Or someday, you may find that:
“The wrinkles have appeared, the boobs are sagging and where there was once a slender waist, there is a scooter tire. Worst of all, in the twilight of your miserable life, you may find yourself missing your decent, civilized husband.”
Go through the The 498A Survival Kit if you anticipate a false 498A.
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well said
Well said. Girls do not think of the consequneces at the time of filing wrong 498a. Unscruplous people also try to take the benefit out of this and at the end it is the girl who is left alone as she cannot take up any job as she will be a mockery at all places she visits.
Beware Girls! From ur parents, relatives, lawyers and feminists. They might instigate u to file false case under section 498A and ruin the husband family. they are doing for their benifits only. Once the husband is ruined, he will bay for ur blood. The instigators will leave u once they get what they want. Then u will be totally insecure in this bad society which can take everything away from u. If u succeed in obtaining alimony, ur brothers and other relatives will eye for ur money only. U have left a nice guy and now beware. Na ghar ki, na ghat ki. Anyhow, the institution of marriage is totally an ugly institution. It must be banned and there must be nationwide compaign against it. Even the children born out of wedlock must be accepted by society and kept in the commune maintained by goverment agencies. Any lovers who want to give birth to the child must obtain the necessary medical certificate from the medical council of india, otherwise child birth must be deemed illegal and there must be imprisonment to both the parties. Only those much number of children that are needed for the country must be born and not the number greater than that. In this way we may be able to bring down the population of this country to manageble leval. Men should attend meditation classes so that their sex energy get tranformed into superconciousness. Then there will be no need for condoms.
Told it exactly. my wife filed 498 against me, now her only brother is 33 not able to get a woman to marry. already ,fighted with wife in her ownhome ,and not talking each other.after her old aged parents death she have no body now,already isolated from society as all knows about the false 498a.i have no sympathy to her,just trying to get out.
There should be a strong media coverage about these false cases.. if a dorwy is claimed, there is such a huge cry about it .. but the public should also be aware of the false cases lodge. snip bits about resolved cases but be highlighted to bring to light the truth behind fruad families that ensare boys and their families for money.
Jason
Disgusting how these laws are so in favour of woman only. WORSE than TADA i say!!!
Respected sir,
I bhaskar working as a Professor married recently dated on 21/02/2007. At first night my wife refused me not to touch me,2nd night she put injurious by herself On 3rd day night the treatment was given by Doctor As I am innocent man,she put a false case ipc498a against me through this medical report please help me&give justice me .
On 4th day night, I thought she was dull and angry.On 5th day (Sunday) she did not come to Church on this night she came to reception on 6th day morning reception function was over at RJY she left the place at RJY and went to HYD (Christian marriage).After one month she put a false case ipc498a against me.I came out through bail.I request U to please clear a false case ipc498a done by a wife & Cancellation of marriage. Please give me reply as early as possible. We family are very much worried about this case. I have 1 brother&1sister. We family are very decent. And respected family.
Yours faithfully,
Bhaskar
Respected Sir,
I got married in Feb 1998 to a girl with a gangsterial and political background just because i use to love her a lot. She has always stayed away from me and wanted me to leave my parents house and stay with her at her parents place. I am a man of principal and ethics and would not like to leave parents as my father is physicaly handicapped and had 3 unmarried younger sisters. My wife has tried all tricks of political and gangsterial presures and also made us abscond my sending gundas to our house. later she landed up filing 498 (A) at Vasai court - thane district in May 2000 when we were not there and the police inspector has admitted the case in ouer avbsence…Its now more then 7 years we are attending the case, till date the cae is not on board and is just lingering, I have lost many abroad oppurtunities and my carrier is gone for a toss. I had filed a divorce petition at family court bandra - Mumbai for which i got the decree in my favour on desrtion and cruelty grounds. She is just harrassing me by filing false complaints as she has ample time in the world and we have to earn our daily bread by travelling in mumbai locals. She had filed ample of false cases which has all gone in my favour…1)Chapter case at agri pada police stn, 2) Defamation case at mazgaon court - mumbai, because i had written my story to the press and mumbai police seeking help. My advocate at vasai who is handling 498a is not giving priority to my case I dont feel good about it and sometimes get some negative wibes too. PLEASE GUIDE ME AND HELP ME….MY FATEHER IS 70 YEARS AND IS A HEART PATIENT ALL OF US ARE SUFFERING VERY BADLY BECAUSE OF THIS REVENGE FUL GIRL.
THANKYOU…
SHAILESH FULSUNGE
Dear Sir,
498A has been filed 2 years after divorceed/talaq.how come????
498A SHOULD NOT be applicable to INDIAN MUSLIMS.
There is no logical reasoning that 498A is applicable to muslims men in INDIA.
Muslim marriages in India is performed as per Shari at law , the marriages are not registered and/or solemnized in civil court (before magistrate) , hence POLICE SHOULD NOT register muslims 498A cases, moreover 498A applies to only those who are still married under civil marriage, once talaq/divorceed is done (as per shariat) there should be no 498A filing, but nowdays its happening the otherway , after TALAQ girls parents are filing 498A cases for money extortion and harassment to boys family.
The divorceed/talaq taken under shari’at law should be the final and suprememe decision..
I think its high time INDIAN MUSLIMS should set up their own family shariat courts where shariat is applicable as ALL INDIA MUSLIMS PROBATE COURT under the banner of ALL INDIA MUSLIMS PERSONAL LAW BOARD where divorceed and child custody cases decision should hold supreme authority and should be considered the final shariat civil law suit. There should be no appeal after this in any court of law.
I know a case where ex-fatherinlaw MAHMOOD ALAM filed 498A case 2 years after TALAQ/divorceed and got the boy registered in INTERPOL (as the boy lives overseas and 498A is criminal offense,) How come the POLICE register the case?? The marriage was not a civil marriage, it was not registered in civil court or solemnized before magistrate and divorceed/talaq had already happen 2 years back.
MAHMOD ALAM did the same filed false/baseless 498A when his younger daughter got talaq/divorceed? ALAM uses 498A to extort money and harass boys parents.
So gentlemen BEWARE of this family who resides at:
4-1-356/A, second floor, besides jaya international hotel, abids, hyd AP
FATHER NAME: MAHMOOD ALAM
MOTHER NAME: MAHJABEEN SULTANA
DAUGHTERS: ASMAN MAHMOOD/MASARATH MAHMOOD
SONS: FAZAL ALAM/MUSTAFA KAMAL ALAM
More to come later……………
Respected Sir,
My brother marreied 28th jan 2008, He is a lecturer,she does not wishes to stay with him at his work place so he had to cover 155 km distance to attend his college every day.They were staying at her mother’s land 6th may he refused to contunie the journy for whole life me and my family had no connection with them since 6 months. now she is threatning us with 498a charges what to do.