Allahabad HC Quashes A 498A And Chides The Wife – 2006

Here is this judgment: Allahabad/Lucknow HC Quashed A 498A And Chides The Wife

An excerpt:

  • “The sole purpose of a novel like story evolved by the informant and recited in her First Information Report is to take a revenge with him by getting him sent to jail and further placing him in sufferings with his eventual suspension. The Courts are to protect the valuable rights of not only a wife if she is victimized and maltreated with dowry demand but also a harassed husband who is also equal in the eyes of law and if a concocted attempt as the one in hand is made to place the husband in an awkward situation, certainly the Court must come to the rescue of such a husband in humiliation.”

-Allahabad/Lucknow HC, Writ Petition MB 528 of 2005, 10/01/2006

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3 Responses to “Allahabad HC Quashes A 498A And Chides The Wife – 2006”


  1. 1 kiran sharma January 22, 2008 at 9:40 am

    Dear Sir,

    I kiran sharma request you that my brother Mandeep Sharma in introduced in a false dowary and harassment case by his wife surender sharma. She (surender sharma brother’s wife) always demands money from my brother and serves her parents always. If my brother gave some amount to my mother she (surender sharma) takes back. Whole day, my mother work as a servant. My father lives at first floor and make food himself. My mother lives on the ground floor with my brother. She always cares for her grandson (jainesh age one and half year)and loves him very much. All the work of the boy does by my mother. This story of cruelty is very long. and all the neighbours are witness of that. But in short, my mother is operated for hernia in Maharishi Balmiki Hospital. She bring to home and My brother’s wife (surender sharma) not given her a glass of water. My father took care of my mother and makes food for her. But Surender Sharma always orders my mother to clean the house. and my mother does the same. She got infection. She is again admitted to Ambedkar hospital. But infection is spreading and depriment tooks palce day by day. After that she is transfered to Ram Manohar Lohia Hospital where i took care of my mother. She is completely on bed. She died on 14th Sep.07. Surender sharma refused to give bedsheet for dead body. We were help less. Finally, Brother’s wife (Surender Sharma) ran with her elder sister (named Jinder) with cash, credit card, and jewellary). I filed a complaint against her in tilak nagar as i know she always theatnes to me. I was not going to my parents house estimated 2 years. (only on the occassion of my sister’s marriage done by me and when jainesh born.
    Now she filed a complaint against me, my brother, father, sister and relatives and friends. What should we do in this case.

  2. 2 Bappi February 27, 2008 at 9:34 am

    You Die for your Mistakes

  3. 3 Rathina Sabapathy May 26, 2008 at 11:13 am

    Yes. I too suffer from wife and in-laws threatening, who are living presently at Howrah, in a different manner on a regular basis, in order to swindle our hard-earned income and property, by misusing newly formulated laws specially designed only for women. The law makers fully forgetting the constitutions article 14 which says all men and woman are equal before law or say equality before law. This article 14 giving equal strength to man and woman but formulating new law for women so for no law formulated by the law makers for men. Why?

    Which only resulted in iron hand cuffing like a herded criminal and lying in illegal custody. I had been caught by the police on March 2006, and kept for nine days in police lockup and one day in Correctional Home, Howrah and released on bail. She filed false FIRs and filed under section 125 Cr. P.C., 498A, 406 IPC, 34, 354, 379, 506, 323, 341, 504 and section 3 & 4 of Dowry Probation Act etc. against me, my patents, brother and sister from the Court of 7th and 4th Judicial Magistrate at Howrah. Now, no one here to help me from this day to day harassment, lost couple of good jobs, running once in two months from Pudhucherry (formerly Pondicherry) to Howrah.

    The wife and her parents even not intimated him the child birth and somehow when he come to know the child birth he requested to send a snap of the child which was also not heard. For the new born the father send some gift which was also returned by the wife and her parents. Their cruelty reached at Himalayan peak when she lodged a complaint using the weapon of dowry and domestic violence act (DVA) and several other criminal section against husband and in-laws, the in-laws who never interfered her life. The question is if she really met cruelty by the hands of husband and his relatives why she had not opted to file a complaint in the jurisdiction police station which was only in walkable distance. She opted to file complaint in the Howrah police station and filed a divorce and succeeded to get an expartee decree within three months of filing which is very impossible as per marriage law. The husband had not given time to file counter or for a counseling. When husband was attending for maintenance case and came out of the court he was arrested and handcuffed and remained in the custody for eight days and ninth day presented before the judicial magistrate and then kept one day in judicial custody and latter bailed out. The wife atlest shown curtsy by not opposing the anticipatory bail of in-laws.

    The women how she forget the sweetness of togetherness, how she forget the sweet face of her husband which is now also in front of her in the form of child.

    THE MEN WAS CRUSHED IN THE HANDS OF WOMEN. The men who is a M.Sc., M.Phil., earning sufficiently was now staring the sky with no hope for justice. His parents are weeping and sister, brother still in a stage of shock.

    The reward paid by the wife to her husband is the only result of misusing of newly formulated laws. The court at Howrah which have no jurisdiction neither to try the suit for divorce nor for the criminal offence as the couple married at Pudhucherry and last resided place at Bangalore, where both of them were employed and as such alleged offence held in Bangalore. So the decree which is passed by the Howrah Court is improper and the complaint also liable to be quashed. But these all will happen in future.

    Wake and do something for men otherwise similar trouble tomorrow you also have to face. For this not only togetherness of men required but the togetherness of women also required.

    M. Rathina Sabapathy,
    Cell: 09894669932


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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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