We shall also do our part to build a world of peace where the weak are safe and the strong are just. –John F Kennedy
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INDIAN PENAL CODE (IPC), SECTION 498A
Introduced in the Penal Code by Criminal Law
(Second Amendment) Act of 1983 (Act No. 46 of 1983)
498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Section 498A of the Indian Penal Code, is a criminal offense. It is a cognizable, non-bailable, and non-compoundable offense.
The lines above define the law known as Section 498A Of the Indian Penal Code or IPC 498A or just 498A. This law was formulated in the ’80s to protect young women from being subjected to harassment or torture by their in-laws and/or husbands – for the sake of extorting wealth from the families of these women.
It has now morphed into a country-wide, multi-million dollar extortion racket, benefiting lawyers, policemen, corrupt elements of the lower judiciary, feminazi NGOs, and the political establishment.
Across the country, 498A is a law that estranged wives use to settle scores with their hubbies and in-laws. It is a huge source of revenue for the corrupt Indian police. Each day across the country , the police lie in wait for a complaint to be filed under this law, regardless of how frivolous it is. With this complaint in hand, the police, mostly on Fridays or a day before a holiday, walk into the homes of the accused and arrest all named in the complaint. The arrested are then taken to the police station and threatened with “consequences” or sometimes subjected to custodial violence – to extort large sums of money under the guise of a “settlement”. If a “settlement” cannot be reached for any reason, then these families can look forward to being jailed and spend the next several years running around courts trying to get themselves cleared of these frivolous accusations, once released on bail. People have killed themselves, unable to bear the harassment.
By using these tactics, these uniformed criminals have arrested and jailed over 1,30,000 women under 498A since 2004, per statistics compiled by the NCRB. This number includes my mother and sister.
What happens to the accuser/abuser of this law?.
She gets away with a chunk of cash and/or the satisfaction of putting her ex-hubby and in-laws through an ordeal lasting years. Even if the accused are cleared of all charges, the courts are reluctant to punish these women for abusing the law. Around 60,000 498A cases are filed each year, each estimated to take over 4-7 years to be resolved, unless an out of court settlement is reached, meaning the accused give-in, unable to bear the long drawn ordeal of fighting a criminal case in an Indian court.
The legal fraternity profits from the bail applications and the fees from long drawn cases.
Real victims do exist, but they will never be able to get justice as the courts are clogged with frivolous cases.
The US State Dept has warned US citizens about the nature of the Indian criminal justice system at its India travel site. Additionally, the State Dept, in the annual report on trafficking in persons, states that “complicity in trafficking by many Indian law enforcement officials and overburdened courts impede effective prosecutions” - accurately depicting the rampant corruption prevalent in the Indian law enforcement establishment.
Finally, this extortion racket ties in with vote bank politics. The Indian electorate has been divided into segments, chiefly along the lines of caste, religion, economic status, language and every possible fault line imaginable. These segments have come to be known as vote banks, from which political parties draw their strength. Due to the size of the numbers involved, tiny fractions of votes from these vote banks can make a difference in closely contested Indian elections. Since the horizontal carving up of the electorate is now complete, the political establishment has now settled upon a vertical segment, women. No political party has the nerve to call for an amendment to this law as they risk being branded as “anti-women”. Hence the opposition to the amendment of this pernicious law by the political establishment.
I presented this overview to highlight the perfidy of the Indian establishment which has fostered this profitable extortion racket under the guise of “protecting women”.
My family’s courage checked the excesses of the police and I was able to become a proud citizen of another great country. I’m moving on to live my life as a decent citizen of my new country, my “Karma Bhoomi”.
What I have done here is my “Thank You” for all that was given to me by the soil I was born on. This site and the information posted here is to enable those of you entangled in this mess to take a stand and fight, and hopefully, end this Indian extortion racket some day.
Good luck !
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My goal is to enable you to have the knowledge and the information to defend yourselves and your families against the brutal attempt at extortion you will be subjected to by the police. My mother and sister experienced this first hand. The key to winning a 498A case is to eliminate the harassment and intimidation that the Indian police can subject you to. In order to do this, please start by downloading the documents below. All the documents are in pdf format. You will need adobe acrobat reader v5 or greater to read the documents.
Expect to spend days understanding this information. I know that it is a lot, but it will pay off:
- A Guide To Surviving IPC 498A - This document will serve as a guide to defend yourselves against the excesses of the Indian police and will provide a complete picture of what you have gotten yourselves into. (Updated Apr/2008)
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Joginder Kumar Vs State Of UP – 1994 – Always have a copy of this great Supreme Court judgment with you. This judgment defines the powers of the police to arrest a citizen. You will be surprised to know how limited the powers of the police to arrest are. If you are unable to get anticipatory bail, this judgment may very well protect you from an illegal arrest by the police. The recent CrPC amendment to Section 41, IPC, is nothing more than the codification of this judgment.
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Srinivasulu Vs State Of AP-2007: The Supreme Court of India has stated that: “Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC”. After the FIR is filed, read the FIR and question the cops on the basis for the applicability of 498A to your case, as set forth in this judgment. Most FIRs are a concoction of lies with no coherence or reason in them. Use this judgment to your advantage.
- The Final Report Of Film Actor Prashanth’s 498A Case (pdf is at the end of the post) – This article is the Final Report of film actor Prashanth. Read it to understand what a final report is.
- Justice Regupathy: Mechanical Judicial Remand Is ILLEGAL
- Justice Kailash Gambhir (Delhi HC) Guidelines On Prosecution Of 498A Cases
- Delhi Police Circular Forbidding Arrests In 498A Cases Without DCP’s Permission
- Hyderabad Police Circular Forbidding Arrests in 498A Cases Without DCP’s Permission
- Judgments of Justice Dhingra: Justice Shiv Narain Dhingra of the Delhi High Court has armed the accused in 498A cases with his judgments. Read these and you will be encouraged.
- SC Explains Conditions For The Quash Of An FIR – 2009
- 498A Counter Cases To Fight Back With – Compiled By Rudy
- The Important Sections Of The Dowry Prohibition Act
498A Survival Guide In Regional Languages :
The Indian police force plays a huge role in this extortion racket. Read the judgments and articles about the Indian police to inform, educate and empower yourselves.
For immediate help and advice, contact:
- SIF India
- http://www.saveindianfamily.org/
- If you reside outside India, contact 498A.org.
- All India Forgotten Women.
- Click here if you want to join the SIF Yahoo Group
The Supreme Court of India is the ultimate arbiter of the law on account of the The Doctrine Of Binding Precedent. Article 142 of the Constitution declares that any order of the Supreme Court is enforceable throughout the territory of India and article 144 mandates that all civil (police) and judicial authorities shall act in aid of the Supreme Court.
Repository Of Information:
- What Is IPC 498A? (This is a recap. Ignore if you read the guide)
- The Judgments Of Justice Shiv Narain Dhingra, Delhi HC
- What Is Anticipatory Bail?: Do your best to understand what AB is. This is the first line of defense.
- Steps To Get Anticipatory Bail After You Are Hit By 498A!!
- Some Advice On Getting Bail
- Sequence Of Events In A 498A case
- Understanding The First Information Report (FIR)
OR
OR
- Kiran Bedis Site Explains What An FIR Is All About
- Understanding The Law Of Arrest
- A Compilation Of Police Interrogation Tactics
- Understanding Issues Of Jurisdiction In A 498A Case
- Understanding High Court Quash Petitions (Section 482 Of CrPC)
- The View Of The Supreme Court On Quash Petitions
- SC Clarifies Sections 406 And 498A – 2007
- SC: Right To Speedy Trial Includes Lengthy Police Investigations
- Mumbai HC: Hubby Can Be Jailed Despite Patch-Up
- The Definition Of Torture, As Per The Supreme Court Of India
- Compensation For Illegal Detention, Supreme Court Judgment
- Delhi HC-IT Dept Must Release Income Tax Info Under RTI For 498A Defense
- Calcutta HC: 498a Accused Not To Be Suspended Till Guilt Is Proved
- Chennai HC: The Definition Of Perjury
- An Explanation Of Section 182 Of IPC (6 Months Jail For Making False Statements)
- Lawyers You Can Trust: This is from mynation.net. Please follow the link at your own risk.
- MyNation.net 498A Flowchart
- What The Courts Are Saying About 498A And Right To Liberty
- The Abuse Of The Noble Intentions Of The Courts In 498A Cases
- The Consequences She Will Face For Filing A False 498A
- Approximately 27,000 Women Arrested Per Year Under 498A Cases
- 498A Statistics Compiled By Rakshak : This will show you that you are not the only one entangled in this mess. Welcome to the club !!
- Filing Complaints With The NHRC
Compendium Of Judgments:
- The Judgments of Justice SN Dhingra, Delhi High Court
- Supreme Court Judgments Needed To Battle 498A
- High Court Judgments Needed To Battle 498A
- Excerpts From 498A Bail Orders And Judgments
- Human Rights And Policing: Landmark Supreme Court Directives (A good document to read, but I’ve covered the gist of it)
For Non Resident Indians (NRIs):
- Legality Of Foreign Judgments
- SC-Police Or Courts Cannot Impound Passport (Jan 2008)
- Justice Dhingra Settles Jurisdiction In NRI 498A Case – Jan 2008
- US Green Card Holders Rights And Responsibilities: A Reminder For The GC Holding 498A Wives
- The Reality Of Broken NRI Marriages
- The Practical Guide To Taping Conversations
- Anticipatory Bail Order For An NRI:
- Judgments On NRI Cases By The Courts In India
- Delhi HC: Beniwal Vs Beniwal 1989 – Case Lost In US Can’t Be Re-Fought In India
- Justice Dhingra: A Case lost in US court can’t be re-fought In India. (An NRI 498A Case)
- What Is An Interpol Red Corner Notice?
- Tricks Played On NRIs TO Settle Divorce Cases
- The Impossibility Of Being Deported From The US
- A Basic Guide To US Courts
- Extradition, Criminal Prosecution And International Child Abduction
- 498A Coverage by NPR (mp3 format 4-5 mins)
Documents on the Indian Police:
- Know Your Police Ranks
- Code of Conduct for the Police in India
- National Human Rights Commission (NHRC) Guidelines On Arrest
- Instructions On Filing Complaints With The NHRC
- Link To The AP State Police Manuals
- Citizens Rights: Per The Assam Police
- Transparency International Report On Indian Police Corruption-2005
- Articles On Indian Police By Dr Arvind Verma
- Flowchart of an FIR
- Sample of an FIR form
- An Example of a chargesheet
- Some relevant sections of the CrPC
- CVC Manual On Bribery
- WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS
- Pay Scales Of Police Officers: Dept Of Personnel And Training
The CBI is the premier investigative agency of our country and I have a lot of respect for the capabilities of these guys. I just wish they would be a little more diligent before filing red corner notices against NRIs accused in dowry cases. In a sense they are insulting their own intelligence.
RTI is a powerful tool to combat the abuse of 498A. The police are required to answer within 48Hrs when an RTI is filed about a person who is arrested. Read about the basics of filing an RTI here:
Misc documents/links/News:
- The Story Of A 498A Woman
- Stopping False Allegations With Technology.
- “I DO” – What The 498A Wives Never Understood
- Lok Sabha 498A Questions – 2004
- Transparency International: Indolence in India’s judiciary
- Path Breaking Judgments On Indian Police Compiled By NPRD
- A Collection Of Misc SC/HC Judgments
- DV Must Be Proven: Delhi Court (Respondent is a babu from the PMO)
- Delhi District Courts Users Handbook: Read this to get an idea of court procedures.
- Legal Literacy 101: An Intro To Indian Law By Delhi University
- A Guide To Indian Laws: The link contains bare acts such as the IPC, CrPC etc.
- A Letter From The Mother Of A Son
- Swarup Sarkar DV Act Judgment 2007
- Penal Provisions Pertaining To Bribery And Corruption
- No Alimony For Leaving Hubbies On Flimsy Grounds
- “Torture And Police Brutality Are Endemic In India”: Indira Jaisingh
- School Teacher Acquitted In 498A Case
- Financial Consequences For Divorced Women
- Approaching The Supreme Court Of India Through The SC Legal Services Authority
- Rights Activists On Wrong Foot: The dirt from around the country on the Womens Commissions
- Justice Dhingra Ensures The Jailing Of A Corrupt Female CAW Cell Officer-2007
- NHRC Tells HC: Police Must Change Way Of Probing Dowry Related Cases
- The 498A FAQ
Archive:
Finally, regardless of what the 498A wives do to you, if you are innocent, you will prevail.
Read the disclaimer on the lower right hand side of the page.
Please forward this link to 2 people. This is to raise awareness about this pernicious law.
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The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site.
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This is a nice information, now a days I think men should not marry at all, till 498a and DP vanishes, If a man is marring for sex it is better to go for professional prostitute, if marrying for kid, he can get a cute kid from orphanage. It is hell to marry nowadays.
thanks for this kind of sites which will give some information to protect our selfs.
My god, all I can say is, do you really need to get married to an Indian women? Look at the hell one has to go through. This information is invaluable, must read for anyone to educate themselves.
It is true as the saying goes, “knowledge is power.” I hope sincerely I don’t have to pass this on to other men, and this law is abolished some day soon. I guess Hell will have to Freeze before that happens.
Thank you for this amazing ton of information.
My family has been abused by our estranged sister in law, she wants to get permanent residency based on this case. I need to talk to the owner of the site for further information, I was thinking to start a support web site for victims of this law too. This site is great resource tool, I hope I will have a chance to get in contact with you for more information. Please let send me a message if you can.
I say thank you for all the information you have presented here from all enocent people that have been tortured by this law.
Regards
Visit http://www.savefamily.org and check the contact page, to get the contact numbers of volunteers around the country..
Thanks so much for the information! May truth be upheld.
Really a great effort.
I want some strong help regarding women & their family abusing husbands………..
e.mail me pls………….
THANK YOU… mere words cant describe how invaluable your information has been to my life… I am going through the worst phase of my life and I have used up until now 12 lawyers and NONE gave me the information I was seeking and in the bargain I was arrested out on transition bail and fighting for my regular bail. With this info I have the confidence of actually know the law and fighting for what is right.
THANK YOU ONCE AGAIN
yes really hell is 498a for men it shold be remove or reformed.
ur right Bhushan.
until unless these sick laws vanish, man should not marry. or goto pros for sex. i am a victim and stressed & depressed & harrassed by my wife. I am suffering. I dont know wat to do, neither they r giving divorce 7 nor they are talking . if i approach them they start manking false allegations & balmes. I wish she dies of some disease or the unborn child dies inside & becomes cause of her death
Please send me the clarification if a 498-A can be registered falsely from a place against the husband and family members where non of the family members ever visited or stayed by a father of the girl and also even the marriage has been held at different place where the parents of the girl and that of the boy reside at that place. Pl. give me the clarification of the jurisdiction.What steps can be taken to get the complainant punished ?
Thanks.
SCVARMA
i m dealing with same situation , ur saying u’ll help to take us out& punish them ?
any section law are there?
reply me npawar@lear.com
I have two elder sister and I have always been sensitive to womens cause and issue. I never imagined what harm sec 498 A and other such women empowering laws could do. That was until I got married.
My elderly widowed mother and i have had to suffer great mental agony and trauma from my wife’s side. She has physically assaulted my mother on several occassion. she is very sbusive and does ot care for my mother. I am left worried for the whole day about my mother’s fate and i cannot concentrate on the job. I and my mother have gone through a lot to fulfil my wifes glamorous dreams.
I thought I had done a great servie to myself and my mother’s core values by marrying a girl who was from a much, much poorer family than mine. None from my family had ever expected anything from the girls side. My wife wanted to enjoy at the expense of my prosperity and want to spend money on all her dreams. GRANTED! accepted its her legal right. But what about her responsibilities??? she does nothing at home. curses my mother all the time and wants my mother to do all the household-work. over a slight argument with me she turned violent as she alwasy does after an argument and then she physically assaulted my mother not once not twice but many times in front of me. when at last my wife pulled my mother by her hairs and dragged her and clawed and nailed her all over her body. I decided that was it. I have personally sent her to her fathers home. from here she is threatening to file DOWRY HARASSMENT sec 498 A, case against me my mother and all in my extended family…they are demanding enormous amount rs. 5.0 lacs to settle the dispute.
CAN THERE BE MORE PROOF of any injustice.
At the end of this all ..all i seek from her is an apology and an assurance that she would not repeat all this misbehavior in future.
IS THERE SOME ONE WHO CAN HELP ME?
regards.
anand
Hi! Ananad,
I understand your situation very well and have full sympathy with you. Please try to understand if your wife has such attitude in her and non-adjusting problems then do you think she will change in future. You will keep trying adjusting with her by putting your mother to punishments. Do a open discussion with your wife and suggest her to take the divorse; and go to a diff new direction. I will say if you can pay 5 lakh it would be more good as compare to live like servant for next 5-10 years. So i strongly suggest to take divorse and dont try to adjust as she can’t change herself. She is > 18 yr old and she knows what she is doing. So dont think she is a kid and can change.
If you can’t take divorse then pls dont live with her….else one day she will mix the poision in your and your’s mother food. And as per law she wont get jail after that too. So please take care and my wishes r always with you.
Thanks,
Karan.
IIM Graduate – working in MNC
See the latest News article in this forum:Article “Men wail on Renuka’s shoulders”
Well, what can you expect from a woman who slaps
a policeman? She seems to be a compulsive man-hater.
See the following links, where charges have been framed against this “great & honorable” minister for slapping a policeman! There is a court proceeding against her & she SHAMELESSLY holds office!:
http://www.expressindia.com/news/fullstory.php?newsid=41771
http://news.indiainfo.com/2005/01/28/2801renuka.html
Are the news channels(and NCW for that matter) interested or want to behave like an ostrich?
(Maybe the NCW should have an ostrich for a logo!)
thanks for a great site.. a useful site for a troubled husbands.. i haven’t read fully.. but what i have read, really gives a sigh.. thanks.. thanks.. thanks a lot
hello people do u know indian men are emotionaly fool who trust the women. remember insian men r just atm machine. urn the money . at end of the day when u come back to home your wife looks at u like dragon. never share a single word about u r family mambers with. other wise she will go and tell u r relatives and make them to fifgt with u. will try to seprate u with u r parents brother and sister. she will never under stand how u r parents raised u and made u stand upon u s feet .
todays world when womem has got freedom but she has totaly lost how to use it. she wants every thing in her life but forgot how to handle family life. bigger hand abt this is her parents who always backs up her in her all the faults. and says don’t worry daughter we will fix u r inlaws in dawry. case.
take care about those actualy greedy wife.
Hello every one, when I visited this site, I pleased to see such a nice place for men as human being. Otherwise the existing laws of dowry, domestic violence are indeed partial and one sided. These laws are like a latest fire arm in the hand of a kid. No need to say that the law means “Justice to all” and not to “Specefic one”. The mothers, sisters n in laws accused under the dowry and domestic violence act are also women and including others, all are human being. The recent records of court & police evident that majority in the cases are nothing but “misuse” of the acts. If i will say “A blackmailing tool”, it will not be wrong at all. Thanks to all of you for such a valuable platform.
Indian Judiciary is robust, provided the legal fraternity exercise their powers to fight injustices like mountains of 498A cases, which are mostly false and baseless and is utilised by police to warm their pockets and leave an indelible scar in the minds of those innocent husbands and family members arrested.
Case laws like Joginder Kumar Vs State Of UP – 1994, and D.K. BASU v State of West Bengal can be efficiently used by lawyers to get the highhanded police officers lose their jobs and set an example for other officers to emulate.
Hi
Here is a scanned copy of Jharkand High court Judgement on A.B.
http://www.498a.org/contents/judgements/HC_Jharkhand_Bail_2001_4654_Direction.pdf
Could not find the full judegement in
http://jharkhandhighcourt.nic.in/
but could get only the status of the case in
http://164.100.150.4/case_mon/frmIndiv.aspx
Thanks for your effort.
Sai.
Hi Sentinel,
The next time you update the Guide, please remember to add the new site http://www.saveindianfamily.org/ as well on the last page, where you mentioned the other 4 sites.
hi everyone i am an advocate by profession and this is the first time i visited this blog …keep it up
Thanks a lot for all the information. But to be frank, the harassment continues in all stages of the case, be it monetarily or physical pain, it can drain off all physical and mental strength for the boy and his family.
His sisters are women just in name and can be harassed so easily by all so called law makers and protectors.
Yes, I believe Indian guys should not marry at all, or at least, don’t marry an Indian girl if you at all care for your old parents and young siblings whose lives are ruined even before they have seen it.
Most of the troubled women who are really innocent are not able to get any benefit of this law as it basically needs lot of money to sustain such a case in India and real victims would rather spend their left over ruined lives in constructing rather than destructing the lives of two families.
So, its being commonly used by such women who just need easy money by blackmailing the groom and his family who belong to highly educated cultured families (and even have all evidence to support that they never demanded any money). Who looks at this evidence anyway!!!!!!!
There are cases where the bride has left the in-laws place in 2 days of unconsummated marriage, happily & evidently without having suffered any mental and physical harassment (with lot of relatives as proof as they were still there as guests for the wedding). Such women have demanded money from the groom and failing which have misused this law against him. The grooms family is ruined and suffering the case since 2 years…….. Is this what we call a Hindu Marriage? and has it got anything to do with Indian culture.
I have added this url to my blogspot
——————
Bhushan
now a days I think men should not marry at all, till 498a and DP vanishes, If a man is marring for sex it is better to go for professional prostitute, if marrying for kid, he can get a cute kid from orphanage. It is hell to marry nowadays.
——————
Excellent comment from Mr. Bushan..
very soon every indian male would be follow that…
Regards,
Saravanan
Only way to survive DV Act, 498A:
1) Sell yourself to the wishes of wicked wife and your inlaws. Or
2) Pay hefty ransom to wife and her relatives, police, lawyers. Or
3) Ruin your life contending in courts for years before insane judges. Or
4) Suicide
Trust me, there is no other way.
I dont agree with Vinay. I understand that 498A is draconian like TADA or POTA, but there is light to depend on. The light- previous judgements, police circulars, anticipatory bail, honesty in taking dowry, honesty in not actually harrassing women and finally using Media(TV media).
Hiring a strong lawyer can make your case stronger. Keep collecting evidense even while you are living harmoniously without dispute so that you can use it when something like a 498A comes knocking.
Thanks for all the info to the guy who built and the guy who uploaded the info. May Allah take care of you!
Truly,
Mohammed S
TYPO above
honesty in NOT taking dowry!
Dear Friend,
Best lawyers do not work because they are more interested in making money for themselves. For them we are only clients. So it really do not matter to them that somebodies life, prestige and self respect is on stake.
Police is not impartial because they also want to justify their share in the bounty.
Your evidence will work only when the matter will reach court and that too after long debates and cross questions. At this point judges would also behave in a manner that somebody has given them an ultimate authority to decide on other’s life. Anyways lower courts are good for nothing. By the time you reach a stage of final justice you would have already spent major part of your life runnnig after lawyers and dates. With recent scandals coming up in newspapers, even judges have not remained away from corruption.
So suggest me where is the respite?
Dear Friends,
Thanks for the wonderful and details regarding the 498A Section coz my lawyer better i shud call him a liar has all told the nonsence regarding the law from past 3years almost i have spent lakh of rupees to him. My issue already i won 498A Section thru honble court but again bride father has filed the same section in other court and my liar what i feel is supporting the bride father unforurunately my liar is also a male when the respectable advocates and lawyers cant able to help us then who will guide us?
Can any one suggest one section we can file twice complain??
Thanks
Aftab
Dear Vinay,
What u said is 500% correct they are not lawyers they are LIARS.
Iam also victim of the same Sectin 498-A.
Aftab.
Let’s hope that new law would do some good for 498a victims. But this is not sufficient. Who ever is proved guilty under law, the biggest loss is humanity and family.
I am sure our innovative lawyers, judges and police would find better ways of countering it. We need to work very hard on this law. We need to censure these people who uses them to ruin others life. Their social boycott, by ensuring girls in their family not getting married to anyone else, could preempt others to follow this route.
Others may differ from my views. But we should do something similar so that others would desist from doing it. Nowadays , newspapers are flooded with news of misuse of dowry law. The conviction in these cases is not even 10%. But this is unfortunate that no one really tries to see what happened to those who suffered in the hands of errant wife. In my case, my father personally met lot of senior police personnels. All of them agreed that injustice has happened to us. They expressed solidarity with us. But they restraint from saying that they admit their fault as the themselves were perpetrators of this crime. They played hand in glove with the girl since her uncle was retired chief secretary and had good influence on them. Then they just put a blame on the law.
How can you blame law when you, yourself are part of law enforcement agency? And then a lower court judge, where my bail application was pending, allowed us to be taken to ransom since he did not find any merit in my lawyer. He was more interesting in arranging settlement and divorce for me.
I lost my case,I am in those 90% bracket who were not convicted, without trial. I still carries lots of proof to prove myself innocent. I am sure they will not fetch me more than Rs 2 in scrap.
That is true, throughout the case you are asked for a ransom as a precondition so that you and your family can be freed from kidnappers.
The ransom can range from a few to even 50-60 Lakhs of rupees, such hefty amounts that the guy’s wife or her family would have never earned in their lives and you probably did (if at all) but for them.
Again I insist guys, stop marrying Indian girls if you at all wish to live and let your parents and siblings live. And I would request your parents to stop pressurising you for a marriage as they cannot imagine how their wish can turn out to be a nightmare for you and your siblings….
http://misuseoflaw.wordpress.com/
My brother married last year but after just 18 days his wife left him.Now she is threatening us to give divorce & Rs.1 lac or she would file Sec 498A against my whole family.Her father wants out of court settlement i.e. Panch Divorce on a legal stamp paper notarised by the authorised notary.We know that it is illegal & if we accept this, we would be under threat of Sec.493 for second marriage.
We have accepted to settle through court divorce beacuse we don’t want to loose our prestige & career. Let’s see what will happen in cour .
Dear Friend,
Don’t settle for any out of court settlement. The girl might again raise the tide against you. In this situation you could be turn out to be even bigger looser. Better to consult someone. From your message it is not very clear whether this compromise would reach court or not. It is an irony that courts on one side accept marriages which is not a registered marriage but do not accept divorce if it has not happened before it. Ensure getting statement recorded before court. From my own experience I would tell you that you will have to take out this fealing from your mind that it is a stigma on your family. Because of this fealing I was taken to ransom. Everyone has a story. Those who raised fingers at you are not the one who will come to your rescue. So if you keep this fealing you might also be robbed, just like me.
Apart from consulting lawyer, you should consult some one who has already gone through this.
Most of the police notices will not be delivered to the accused! I am not kidding!!! I know this first hand. I was at home waiting, WAITING for the damn police to come and deliver appearance in court papers. The a$$oles in spite of never coming to my home recorded that they came to my home thrice and I was not present. The judge had no choice but to give arrest orders. Damn mofos man.
i am a lawyer and i still found all this so useful that i am thankful to all the contributors.
wow! great stuff. and great help to the suffering people.
as far as cruelty on men is concerned i would like to add that still there are more women who are tortured daily. but ya in metros as the women are educated they misuse the process made for their benefit.
god should have given mind to the women…. ALAS ! after giving beauty to her, he fogot to give mind in their top floor.
and we men suffer due to this…. since ages.
This is an incredible blog for all 498a victims. The survival guide is like God sent. I thank everyone who made this effort of posting the crucial information to help fellow victims to fight for justice and providing the ammunition to slay the legal terrorism. Thank you for all your kindness and commitment to help the fellow victims.
To the owner of this blog:
I am an activist for SIFF in Bangalore. I have copied this 498a survival guide [ I don't know whether it was from here or from orkut] onto some other blogs/ websites, as a part of my activism. I don’t claim to be the original author and as you understand, I don’t remember where I found this content [Orkut or this site or some other site].
I hope you have no problem and take no offense for this act of mine. I apologise for any misgivings. Please contact me on ROHANDHARESH@yahoo.co.in for any clarification. Thank you.
Actually 498A, DP Act, Domestic Violence Act & other Prowomen Laws etc have been passed by Parliament to protect Women who have Genuinely Suffered. However, ANTICIPATING MISUSE OF EVERY LAWS (incl. Pro-women laws), PARLIAMENT & lAW-MAKERS, MADE FALSE COMPLAINTS/PROSECUTIONS ITSELF AS A CRIMINAL CASE PUNISHABLE UNDER IPC. DETECTION OF FALSE COMPLAINTS IS ALSO MANDATORY UNDER ANY JUSTICE SYSTEMS (incl. Principles of Natural Justice) being Just/ Logical. PEOPLE ARE GETTING TORTURED SIMPLY BECAUSE FALSE CASES ARE NEVER DETECTED by CASE-HUNGRY JUDGES/POLICE.
Every body knows that ALL LAWS (incl. Prowomen Laws) are EXTENSIVELY MISUSED DUE TO VESTED INTERESTS (a Referendum can Prove). VESTED INTERESTS ARE EXECUTIVES LIKE CASE-HUNGRY JUDGES & ADVOCATES; Case-Hungry POLICE and MEDIA & WOMEN GROUPS exploiting Viciously.
UNLESS PEOPLE UNITE & RALLY FOR SENSITIZING ELECTED LAW-MAKERS-MPs/MLAs, ABOVE MISUSE of JUSTICES WILL CONTINUE and CHEATED AS LAWFUL (due to biased interpretations of Law).
Every body knows (Facts also prove) that Judges & Police are Case-Hungry. Judges are most Case-hungry for Advocates’s earnings (incl. looting) and to increase their strength. Facts prove that strength of Courts-Judges/Police stations-Police have increased very disproportionately at Taxpayers Money(mainly by Case cook-ups, Media cook-ups & Biasing with Ruling Parties; if society is criminalised how are they Saints!?!; False Cases are never detected only to encourage Complainants to give more complaints). Another Proof- though Law provides short-cut methods for closing criminal& even civil cases-it is never done by Judges for building-up cases). Another Proof is that v. rarely Judges (& even advocates)are prosecuted but with all quick-Reliefs to them.
Thus, it is very clear that Root cause of Misuse of all Laws (incl. Prowomen laws) are Judges-Courts/Police-Police Stations. Judges/Police, not detecting False Complaints/Prosecutions are committing Grave Criminal IPC-Offences besides Contempt of Justice/Constitution/Law (more severe than contempt of court) and Dereliction of Duty for which No Mercy/Protection is applicable. Their Prosecutions can never happen as long as Advocates are installed as Judges.
REMEDIES:
1. UNLESS PEOPLE UNITE & RALLY, ABOVE MISUSE of JUSTICES WILL CONTINUE and CHEATED AS LAWFUL (due to biased interpretations of Law). More People should Unite & Rally together against this Injustice & Misuse of Justice-This will SENSITIZE MPs/ MLAs/ Elected Representatives/LAW-MAKERS TO MAKE JUSTICE COMMITTEES (without Advocates/Police & with Judicial Powers) at every Blocks/ Tehsils/District/State/National AS ALTERNATIVES TO COURTS.
2. Abolishment of Courts/Police Stations/Advocates’ Licences not detecting False cases at every stage.
3. Dismissal/Arresting/Prosecuting/Penalising Judges& Police not detecting False Cases besides seizure of all their Revenues & Properties.
4. Dismissal/Arresting/Prosecuting/Penalising Media & Women Groups for Exploiting & Misusing powers like Defamation/ Conspiracy etc besides seizure of all their Revenues & Properties.
5. ALL WELFARE MEASURES should be ADOPTED atleast BY AFFECTED PEOPLE GROUPS.
Dear All,
my wife filed 498A and 406 against me and my entire family about a month back(after I had asked my questions above)and we had to endure unbelievable harassment and agony.Thankfully all of us got bail very quickly and now out only 2 days back.But I became jobless,and almost broke because for a month I could not earn and on top of that I had to bear huge legal cost for getting bail,and everything.
This page earlier had a silly heading,something like “No more arrests under section 498A” and people rejoiced a lot too unfortunately reading that and being wrongly informed.
I 100% appreciate the need for a fight against the cruel and unjust matrimonial laws of the country,but one should get the facts bloody right before one jumps to a conclusion and let others be taken for a ride.
Non-bailable arrests are still very much in the vogue i India and the amendments have been pushed to the back burner.Infact till elections are over,atleast nothing clear cut will happen.
So please let us not stay in a fools paradise.Raise your voice against this totally unjust law , although we make ourselves hoarse shouting about equality in India.
This law is a weapon of mass destruction in the hands of police and the criminal bar.A simple matter like picking up the Certified copy from Court,one has to pay bribe.Criminal bar mints money,telling you all about how much scared you should be and what could have had happened.
Please ALL be wary that arrests under Section 498A is very much there and nothing in the near future would happen to get a relief from this.
2ndly,police can be REALLY brutal if their hands are not greased adequately.Lawyers coolly take you for a ride.
It is my strong belief that at this rate,rate of marriage in India is bound to come down in the future if nothing is done to stop this nuisance
Respected Sir/ Madam
I am realy oblidged to read such a valuable
information for safe gaurd spl for NRI’s.Survival Kit is like a
AMRIT ( A Holy Water ) for Senior Citizens who wants to see the
new seeds of life for their coming genratios.A WISHFUL THINKING.
Thanks & God Bless this team.
With Warm Regards,
Er. Gurbax Singh
Good Work…Pl.keep it up….
I am also facing same problem. As my wife had abondoned me and taken all cash and jwellery and clothes at home in my absence. We have been trying for last one month to resolve the issue but she and her family members and her lawyer are threatning us of implicating us in false cases like dowry torture. Even we had not taken a single penny from these people. I am only son in my family and my family is a middle class family. It seems that they are eying our property but they are not even initiating to talk, they are just threatning us for last one month. The condition of my family has beome pathetic,even I had lost my job. The time she left my mother was hospitalised coz a few days back she got her leg fractured badly. They are not ready to talk peacefully. Please guide me , it will be great if you can suggest some good lawyer or some Institution who helps harrased husband like me.
Regards
Sarvesh
Dear friend
We salute your effort in this fight of “legal terrorism”. Your kit really given us the strength to survive. You don’t know that how many persons are still alive just because of you effort. We have no words to express our feelings.
Its a great service you are doing for the nation.
Great compilation. I just want to add a few more point.
Offence is the best defence. Dont think in terms of surviving- develop killer instinct and attack the cause of abuse of laws. Here are a few suggestions:
1. Be very certain that in the long run you will not loose anything. No false case could be proved in the Court of Laws if you fight your case deligently. Conviction rates are very close to zero. So be brave. All that the case result in some incovenience, like arrest, visits to court etc. Endure that.
2. File counter cases. If the women says, she has given dowry, file counter cases against women and her parents for giving dowry. If the women/parents are in government service, use various provisions of conduct rules prohibition of giving dowry, of presents at the time of marriage.
3. If the women ask for settlement in terms of money, record the conversation. It will make a full proof case against the women for attempt of extortion.
4. If the women has taken any of your property, file case for theft, or criminal breach of trust of property.
5. Your statements are very good evidence to make a case. If the police refuses to file case, file cases before magistrate under Section 190 Cr.P.C.
6. Refuse to give divorce. Women past marriage age early, use this fact in fight. If she files for divorce, oppose it tooth and nail. If she get divorce, file appeal. Dont allow her to marry. Women and their parents are very eager for remarriage of women, use this fact in the war.
7. Refuse to give maintenance. If maintenance is ordered, insist on depositing it in court.
8. Publicise the false case. Men feel that due to false case, they will be ashamed- it is not true. Due to such false case women and her family will suffer more.
9. You are a victim, act as a victim. Brave words donot help you. In our society, whoever plays the game of victimhood best, wins always.
10. Never repeat the blunder of marriage. Life without marriage is more fulfilling.