Consequences Of Filing False 498A Cases

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.

Go through the The 498A Survival Kit if you anticipate a false 498A.

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16 Responses to “Consequences Of Filing False 498A Cases”


  1. 1 SANJOY APUL July 16, 2007 at 2:02 pm

    well said

  2. 2 G.RAMAKRISHNAN August 3, 2007 at 5:47 am

    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.

  3. 3 parvesh August 3, 2007 at 10:21 am

    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.

  4. 4 jayadevan September 29, 2007 at 3:52 pm

    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.

  5. 5 yourdostjai October 28, 2007 at 9:23 am

    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

  6. 6 jaideep November 29, 2007 at 8:21 am

    Disgusting how these laws are so in favour of woman only. WORSE than TADA i say!!!

  7. 7 bhaskar December 2, 2007 at 8:24 am

    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

  8. 8 Shailesh Fulsunge December 6, 2007 at 2:06 pm

    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

  9. 9 mera baharat mahan April 23, 2008 at 3:55 pm

    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……………

  10. 10 siddhartha nandi May 14, 2008 at 7:58 am

    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.

  11. 11 Shakeel October 18, 2008 at 4:00 pm

    Dear Friends

    I would like you all to know what happened with my brother.
    My brother was married to girl who was already a divorcee. After leaving for one month happily she started quarreling with my brother every day and demanding to leave separately from our family. Seeing the daily quarreling my mother allowed them to stay separately in a rented house nearby our colony. inspite of leaving separately she still use to quarrel and again demanding that she wants to leave nearby their parents house. Even that demand was fulfilled and my brother was leaving nearby her parents house in a rented house. still unhappy saying that my brothers earnings are very less and cant meet the demands. She had a filthy mouth and her parents and brothers have filthy mouth and supporting her sister/daughter. After concieving twin babies (girls) she started creating more problems.
    My brother was fed up and divorced her. After divorce she lodged the complaint with women police and registed the 498A case. Police also arrested my three brothers and one of my sister name was included who was not living with us. we released three brothers including the accused on bail and sister was taken anticipatory bail. after twin babies she was conceived once again and she demanded abortion from my brother saying that he cannot afford for the baby. She said in police that my brother forced for abortion. now the case is in the court. We dont have any proofs to defend our case. I dont know what to do and how to get rid of it. My brother is an accountant working in a private organization for the mere salary of Rupees 7000/-. He is not in a position to afford advocates fees and alimony. Please give me some guidelines to get rid of the case.

  12. 12 R B CHIKHALE February 6, 2009 at 8:43 am

    My sons’ wife is misbehaving with my son and missing since 23 Jan’09. We have lodged FIR with police. Her parents are not good and taken ample of money from my son by threatening. This is love marriage. That girls mother has done mal ghalane programem which was attended by his mother only. On 23rd Jan’09 after missing we have done registered marriage. I have talked with father of this girl to come to dicuss this with me in Pune but in turn he told me to came at Karad and he will present the girl for discussio.

    What can be done in this case to protect my family
    ?

  13. 13 amit taretiya February 18, 2009 at 5:20 pm

    Dear All,

    i’m Married my wife in ARYA Samaj MAndir & Then come to arrange marriage now she was filling a false 498 fir against me please help on the same.

  14. 14 Amit Shah April 19, 2009 at 6:29 pm

    i stay at palghar.it is 2.30 hr distance from bombay.i stay at palghar since birth.i got married in 2004. at that time i used to work at bangkok and have shifted to india 2 years back.since than my in-laws have mind washed my wife mind and have kept her at their house.they are continously harrasing me and demanding flat and office at mumbai from me. i am not financially sound and i am not in a position to buy.but they do not understand at all. even mediators r tired.we have even send notices but no results.they are demanding huge sums of money and are giving treats to put false case on us.we still want my wife and my child to join me.please help.

  15. 15 Fighter May 7, 2009 at 7:00 pm

    *** FAZAL ALAM***

    BEWARE OF FAZAL ALAM and his father MAHMOOD ALAM as they look for NRIs software professionals to get their daughters/sisters married and then abuse IPC 498A (dowry harassement act) to blackmail for $$$ extortion, if the groom refuses to pay huge $$$ amounts they get INTERPOL Red Corner Notice issued agianst him.

    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 (suffering with mental disorders)
    SONS: FAZAL ALAM/MUSTAFA KAMAL ALAM

  16. 16 anonymous July 14, 2009 at 11:07 am

    Dear Sir,

    I am anonymous 38 yrs old living in bangalore from birth

    Father passed away 14 yrs ago My mother house wife lives with me and i have one elder sister married and settled with a kid

    One of the marriage broker met my mother in 2005 and we met a family in mandya In the beginning they told that there are from a good family and so on got engaged in 2005 and she was working as a clerk in High court rannebednur, They told that she will get transferred before marriage

    I got married on Aug 28 2006 in bangalore and my wife on the next day went to work saying that she has come for training and could not get leave during that training period

    Stayed for 20 days and then left to rannebennur stating that she will get leave and come back with 3-4 days then i used to call her daily but she told that leave is not granted
    I asked her to leave the job and come over to bangalore with the below options
    1> She was gettigng 7.5K package – i will give 10K be at home
    2> Else if interested i will get you a better job in bangalore
    3> Else if interested i will get a job in my comopany itself

    Then she asked me to come to rannebennur to get her staff party as she has not invited nor informed about her marriage

    I did not go as i work in a pvt firm and i had been granted 15days for marriage and then i did not go.

    After exactly 45 days after marriage she sends me a message saying that she has some problem in stomach because of me.

    I called her and asked what was the problem she said that she is asked by doctor to come after 3 days for confirmation weather pregnant or not

    I called her continuously for the next 2 days and asked to come over to bangalore in an ambulance and i will take the expenditure but she refused And on the third day she did not lift the mobile
    Next day she told that she had abortion and was lying in coma for 2 days with blood pool – reason she said is the child has turned and it would have blasted her uterus and stomach

    Next after 20 days she said that she is going to mandya and not comming to home Why i asked she said that when she was in danger no one tool care and so she will stay with parents

    I didnt mind then she messaged me that she is comming to home to tell the truth
    When she came home she shows a nurse book in which she said that she would have got a blast inside

    Then she stayed for 3 days – I insisted not to cry at home as i dont like crying and asked the reason for which she told that it reduces her mental stress and gave some medical term reasons

    Then on the fourth day she was crying till night 11 talking on her mobile
    I asked her to call her father and mother home ( this happened on 25 Jan 2007)

    On jan 26 early morning the marriage broker with his wife comes to my home and starts using vulger words against me and my family in road
    Her father relatives friends all around 40-50 persons came from mandya and started discussing – Then her father says that my mother has asked dowry

    She told that i am giving mentally torchering her insisting her to leave the job

    For the next 40 days she stayed in my home no talking with anyone

    She left home on 19 March 2007 and never returned

    Next continuously her father her brother used to get some one or the other and
    forced me to leave house and to live saperately with my wife and her parents which i refuced

    her brother told that he will send persons to kill our family if i donot obey his words for which also i refuced

    Now after 28 months she has filed a case of dowry and harassment againt me my mother my sister and brother in law

    What shall i do i dont know Please help me out in getting these thing resolved
    Waiting for u r early reply


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort a huge amount of money by holding them hostage. They were held in custody for over a week. The police, in cahoots with the magistrate and the PP, could do this due to the ridiculous allegations made by his embittered ex-wife. She filed the 498A years after the last time he and his family had last seen her. This blog was started to combat the abuses perpetrated in the name of laws meant to protect women, such as S.498A of IPC. It is the corrupt officers of the Indian police force who are the main beneficiaries of this extortion racket. In a sense, this blog is a component in the larger battle against corruption in India. This is about raising the awareness of Indian citizens about their rights so that the police can be shown their place and the law can take the course it is supposed to take. The content of this blog is not legal advice, nor is the intent to slander or defame anyone or any institution, but constitute a set of opinions and observations, based on what has been read or heard in the media or on the Internet and other sources of information. What ever action or umbrage you may take or not take, is your choice and at your risk. The writer disclaims all liabilities, legal or otherwise, that may arise for any reason whatsoever.

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