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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
Read the disclaimer on the lower right hand side of the page before proceeding.
Please forward this link to 2 people. This is to raise awareness about this pernicious law.
The Supreme Court 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.”
A lot of the complaints filed under 498A are not worth the paper they are written on. Please understand the sentence above.
You can start by reading the documents below. The 2nd document is the Final Report of actor Prashanth. Read it to understand what a final report is:
- A Guide To Surviving IPC 498A - Updated Apr/2008
- The Final Report Of Film Actor Prashanth’s 498A Case (pdf is at the end)
- Delhi Police: No 498A Arrests Without DCP’s Permission
- Hyderabad Police: No 498A Arrests Without DCP’s Permission
Regional Languages :
Download a copy and keep it with you for reference. Read the judgments and the articles on the Indian police to inform, educate and empower yourself.
You can read the text version here:
My primary motivation is to enable you to have the information and the necessary tools to protect yourself and your family from the legal terrorism, my family and I had to undergo. I put this document and the supporting material in the form of judgments/links/articles to enable you to fight this extortion racket known as Section 498A Of the Indian Penal Code.
The Indian police force plays a huge role in this extortion racket. However, you will be surprised to know that time and again, the Supreme Court has sided with the public and has shown that the powers of the police are very limited and that they cannot behave like goons without consequences. You can also file for compensation in the event of illegal detention by the police.
You will find all those judgments here. Just follow the link. If a link is non functioning, leave a comment.
All the documents are in pdf format. You will need adobe acrobat reader v5 or greater to read the documents.
If you are looking for urgent help, contact SIF India. If you reside outside India, contact 498A.org. They have helplines. Click here if you want to join SIS
You should apply for Anticipatory Bail (AB) the moment you are threatened with a 498A. If you are lucky enough to be forewarned about having a 498A filed against you, then read the contents of this website: Stopping False Allegations With Technology.
I believe that an essential component of the rule of law is transparency. The laws must be knowable, not only so that people can structure their behavior with fair warning, but also to prevent government officials from engaging in abuses of power. (Ref)
The Supreme Court of India is the ultimate arbiter of the law. This is set in stone in the Constitution Of India and by the doctrine of binding precedent.
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 and judicial authorities shall act in aid of the Supreme Court.
Some things you MUST know:
- 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
- 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
- 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 NRIs:
- Legality Of Foreign Judgments
- SC-Police Or Courts Cannot Impound Passport (Jan 200
- 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
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
- “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.
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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 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