Sequence Of Events In A 498A FIR

The credit goes to Mr Gupta for compiling this valuable info.  As and when I have the time, I will incorporate this into The 498A Survival Kit.

Here are the steps:

This is ‘Police Warrant’ case i.e. instituted on police complaint (complaint given by ‘Informant’ i.e. wife in this case)

1] F.I.R.

2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.’s permission is required for arrest.

3] Bail. Police asks for ‘Police Custody’ (called ‘PC’) for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for ‘Judicial Custody’ (called ‘JC’). Then accused apply for ‘bail’, say from ‘police prosecutor’ (called ‘pp’) and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that ‘bail’ is always granted from ‘JC’ AND NOT FROM ‘PC’. The process in legal fraternity is called breaking ‘PC’ to ‘JC’.

4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.

5] At the time of receiving chargesheet which is given free of cost to ‘each’ accused by ‘pp’ in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called ‘Final Report’ – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.

6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).

7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.

8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused’s counsel cross examine her.

9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).

10] Then I/O’s examination-in-chief by PP and cross by accused’s advocate (counsel).

11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused’s advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).

12] Accused are examined by magistrate u/s313 Cr.P.C.

13] Then PP gives argument, then accused’s advocate gives argument.

14] Enjoy – Now order – Acquittal/Sentencing.

15] Detailed written order is given after few days.

To get from point 1 to point 15, will take years. On the flip side, 498A conviction rates are very low, something like 2%. And then there is always the option to file appeals to the HC, SC and god  if a conviction occurs.

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36 Responses to “Sequence Of Events In A 498A FIR”


  1. 1 swathi reddy July 10, 2009 at 6:52 am

    Excellent informative article- nicely written. This law is breaking so many homes. Women being pitted against women. As always India’s women will wake up and protest. Until then the practice will continue. I do not think the legislature or executive or the judiciary will be able to make any changes until the women themselves rise and protest.

  2. 2 swathi reddy July 10, 2009 at 9:50 am

    Excellent informative article- nicely written. This law is breaking so many homes. Women being pitted against women. As always India’s women will wake up and protest. Until then the practice will continue. I do not think the legislature or executive or the judiciary will be able to make any changes until the women themselves rise and protest.
    P.S. – Sorry, forgot to tell you great post!

  3. 3 Jayalakshmi July 18, 2009 at 10:19 am

    Sir,

    Very informative and comfortng for people who are harassed through 498A. I appreciate the efforts behind these articles.

    I would like to know, if you can give some guidance to some of the dowry vicitms too, who are REALLY suffering due to desertion and cheating by husband and in-laws. Husband denied wife all her conjugal rights, denied her future married life, milked her parents money,loaded her with credit card debts and deserted her. He has been
    absconding since two years (H4 Visa- ironically she had H1). She came back to look for him in India and he bolted to US, showinghe is dependant on her . The visas have since expired, she cant go back on H1, he is illegal in USA.( enjoying himself in women, wine and Facebook, My space what not!) The parents are are feeding money to all and sudry and refuse to give her even their son’s address. she is stranded, her life in a mess, and her youth wilting away.

    What do you think her fate will be? Will it be another statistics of 498A , case not proven?. Where is the justice in this? . Will her case be 2% or 98%?
    Will anyone guide her?

    Thanks for your patience.

    I found there are so many forums guiding men for false dowry cases. I have not found one forum for genuine viticms. Who will they turn to?

    • 4 M July 31, 2009 at 5:24 pm

      Jaya,
      Well you should file for divorce on desertion ground and get on with your life. Where is the case for dowry in your situation? There is misappropriation of funds at least prima facie. using that if you file a 498A , which means that your husband really drove you to suicide for want for dowry, it falls flat for many reasons. You are not staying together and he is dependent on you. You may end up paying maintenance as well. Do not believe the gullible lawyer who promises you that he will recover all the money you had spent on him. The scales may tilt in his favor. My sincere advice is to file for civil action in India or USA, send summons and get ex-parte and be done with him. He will anyway not respond, unless he also wants revenge on you for he may have his own reasons as you had. Keep it civil 99% of the time.

      Think…… Do not go for revenge. Why waste your youth. Paint your life with color, when you have a chance.

    • 5 bhupesh August 20, 2009 at 6:38 pm

      If thats the case she must have done her part & now crying in front of everyone for what is happening. i m not biased but that was the story in my daily routine.
      if she deserves it she will suffer

  4. 6 The Fountainhead August 4, 2009 at 5:10 pm

    M,
    “Misappropriation of funds” ? Im seriously tring to control my laughter. Where did you get that from? She said “milked her parents money”. If thats true then its Dowry.

    If dowry has indeed taken place then its her Duty to go to courts and file a dowry case, and since he deserted her it could very well fall under 498a.

    The dowry victims job is to go to court. Its upto the judge to decide if husband is guilty or not. Who are we, or “you” to give a clean chit to the guy beforehand? You are not trained as a lawyer! A Judge is. Let the judge decide.

    Its not woman’s fault that the law is as you say “screwed up”. We didnt draft it. Go vent your frustration at the government. Why should we women (who are genuine victims of dowry and abuse) suffer? Just because the law is so harsh, we should sit at home cursing our fate while he marries another woman again laughing his way to the bank with her dowry? And then abuses her again and takes dowry again!

    But Oh, you said “dont use any law at all” “Dont take revenge”. I think you should look up the meaning of revenge pal. Its not revenge – its called law enforcement. Murder, rape, theft, assault, domestic violence, dowry, extortion – those who commit these crimes go to jail. End of story. Do not try to intimidate and scare women like Jaya, just so that you save other criminals – people you identify with. What she wants to do with “youth” and how she wants to “color her youth” is none of your business. Its her personal matter.

    Let me say once and for all. Its ALL dowry victim’s Duty as a citizen to report criminals to court, so that judges will investigate and take necessary action to rid society of evils of dowry. If these case dont get reported, then the next woman to get screwed up by a wife beater may be your sister.

    Intimidating witnesses and telling victims not to report is a crime.

  5. 7 yodha August 6, 2009 at 3:14 pm

    For Fountainhead:
    Strange you did not give any advice to Jaya but trying to find fault with M who did advice.

    >If dowry has indeed taken place then its her Duty to go to courts and file a dowry case, and since he deserted her it could very well fall under 498a.

    Maybe you could help her in doing her ‘Duty’. Desertion is not under 498A, read up IPC 498A first. This is exactly how 498A is getting misused.

    >The dowry victims job is to go to court. Its upto the judge to decide if husband is guilty or not. Who are we, or “you” to give a clean chit to the guy beforehand? You are not trained as a lawyer! A Judge is. Let the judge decide.

    Yeah. pls tell this to Jaya directly if you have guts.

    >Do not try to intimidate and scare women like Jaya, just so that you save other criminals – people you identify with.

    As you yourself said it is job of the judge to pass judgment and not yours, you are the one seemingly trying to intimidate here!

    >Intimidating witnesses and telling victims not to report is a crime.
    Maybe you should take it upon yourself and make a case of intimidation! Go figure.

  6. 8 Jayalakshmi August 10, 2009 at 6:03 pm

    Fountainhead,

    Thanks a lot . you have said things I wanted to say. I was out of station and had no access to internet. Hope more and more people will come out and fight for truth.

    For M :
    Misappropriation? what misappropriation, Asking for money from in-laws with a view to spend it as he likes?. he does not even remember he has taken so much money under various kinds of veiled threats or show of creulty. It is easy for him to forget all that money takings.
    It is the in-laws and the girl who has to pay back in cash and kind. THey have to face the soceity and face the daily life. They have to lament the loss of so much in their life.

    In the meantime the guy can get divorce and go scot free? You say” this is the way 498A is misused”

    If taking so much money by demanding it every now and then is not dowry . what else is? Demanding a lavish lfiestyle with seeking financial help from wife and in-laws and having no responsibility towards the sacred bond of love and marriage is not cruelty ? what else is?

    You say “get divorce and get on with your life”

    But as a responsible citizen is it not our duty to unmask these criminals?. Educated girls are advised to keep quiet and cut down their losses, so that the guys can continue with the tradition of exhortion and cheating? Is this the way things were going till recently?

    You have given advice as I expected you will. I know our case is based only on truth and we do not want to harm anyone. But when someone harms us to this extent, without giving a thought the “scared marriage and family” , we have to act.

    Here is my request to you.

    I too would like family and marriage to be saved. I too believe , trust and respect people.
    But when cheaters pose as “good citizens” and live as parasites, we have to curtail them.
    Please give your valuable advice , only to genuine guys who are really being targetted.

    Also give advice to women who are suffering. Dont sweep everyone with the same broom.

    My sympathies for guys who are being harassed.

    Hope someone will spare a thought for girls who are targetted too.

    God bless

  7. 9 The Fountainhead August 11, 2009 at 6:14 pm

    Dear “Misappropriators of funds”

    Lol..im really sorry. Cant help it. I am still finding it funny.. But on a serious note, its not surprising that these men here started a new term for dowry – “misappropriation of funds”. I wonder what they will come up with next.

    Yodha, my dear, my dear, you also make me laugh. M is giving advices? Lol…is he a lawyer or a “certified dowry advisor”?? But wait oh wait he is 498a husband out on bail or whatever his story is!!! Since when did dowry takers start advising society on how to live their lives?

    Well Jaya, most of the members here have been booked under 498a. Few smart women put a string of firecrackers in their behind. They ran helter and skelter and this is where they all landed. I have heard that actions are being taken to outlaw these forums.

    So listen to your gut feeling, talk to lawyers and do the needful. And yes you are right this is the latest trend. These men are “trying” their best to intimidate women (especially working women who have courage and money to take legal recourse) from filing cases by saying its a waste of money, giving wrong directions, and what not screwed up logic.

    Doing the right thing is never a waste of money or youth or the color of youth…whatever…yawn. Im getting outta here.

    P.S I wonder what paint I should use to color my youth…Sherwin Williams or Nerolac. Jaya, let me know how your paint worked.

  8. 11 yodha August 12, 2009 at 11:41 am

    >>Yodha, my dear, my dear, you also make me laugh. M is giving advices?

    I don’t know why I made you laugh… that was not my attempt but you sure make me laugh!

    >>Well Jaya, most of the members here have been booked under 498a. Few smart women put a string of firecrackers in their behind

    We the sol called 498A-booked-men have put firecrackers on behind of law abusers, wherever they are, whatever their political or judiciary connections may be! They thought they would file a false 498A case, get some extortionary amount as ’settlement’, take the kid away, and live life happily alone, prefereably with a new ‘bakra’ or old-flame. Guess what, you ain’t gonna get any ’settlement’ and you will also be running around courts for a long time to come, since 498A is non-compoundable.

    >>I have heard that actions are being taken to outlaw these forums.

    You are mistaken: Actions are being taken to outlaw 498A. Forums against 498A are growing daily and no-one can dare stop them! This is what Supreme court justice and high court judges has also said about 498A misue. They can’t stop such forums. Do you Dare!

  9. 12 holden August 12, 2009 at 1:15 pm

    Dear Jayalakshmi,

    It is clear he doesn’t want to be with you and seemingly vice versa also. Hence as has been suggested, simply file for divorce and be done with it.

    Ms Fountainhead,
    The reason such debates occur is that certain unscrupluous women brand ‘desertion’ etc as a crime and try to bring it under the ambit of Sec 498A. Since when did desertion become a crime? What about those women who run away with their lovers? Why aren’t they branded criminals? Hence, Sec 498A is conveniently used by the women since it is there and is a default in case a marriage goes sour. As for dowry etc, if it is really the case, the people harassing the women should be prosecuted, but without going into the merits of such claims, just think objectively as to the veracity of such claims. About ‘dowry’ before marriage, it is quite amusing how a ‘gift’ turns into ‘dowry’ once marital discord surfaces.

    Anyway, the debate will continue, but in the near future, 498A women are going to be like that shepherd crying wolf. Go figure.

    Regards

  10. 13 The Fountainhead August 12, 2009 at 3:03 pm

    Yodha,

    Looks like you just couldnt take the insult. Its fun watching you now. You must be going red with anger. I can only feel sorry for you. Unfortunately, we women and our organizations are too strong. 498a will always remain…even recently attempts to change it was unsuccessful. And maybe it will help you to know that our organizations are taken necessary steps to bring out these websites’ agendas and as usual we will be successful here also.

    These forums are going to be banned and monitored because you are propogating dowry which is already declared a crime.

    Holden,
    I wil just ignore you.

    • 14 yodha August 12, 2009 at 5:28 pm

      Oh fountainhead, oh so sweet to know that you are a woman.

      No I don’t feel insulted at all! How can a woman insult a man, it is not possible on this planet Earth right? Sorry i forgot I am supposed to be from Mars, you from Venus.

      Actually I like strong women, so-called women organisations are a no-no. But don’t like 498A strong women :-) Let them stay single… oh sorry emancipated — is the word for them.

      But you are special… Are you married? I am glad you are ignoring Holden, betcha you can’t ignore me!!

  11. 15 The Fountainhead August 12, 2009 at 4:33 pm

    Holden,
    Desertion is not the reason for filing 498a…dowry and mental torture is…Since you dont know Jaya’s story and what she went through, neither you nor I can tell her what section her case will legally fall under.

    Instead of advising her…as none of us are trained as legal experts, we should guide her to a lawyer who will correctly understand her story and decide under what section her case legally falls under.

    498a: “This law was formulated 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.”

    She says “he milked her parents for money” and was cruel to her…You may not feel her pain, thats why you are saying there was no cruelty. Only she knows how much she suffered – if she terms it “cruelty” – she should appeal to the courts. Its upto the judge to decide if her cry of “cruelty” is valid or not.

    I cannot understand how this is misuse. Again i repeat, its not the desertion, but the dowry taking and cruelty. Look, the term “cruelty” is vague. You may feel that asking dowry is not cruel, beating wife is not cruel, demanding she obey orders is not cruel….Just because you dont feel its cruel doesnt mean society looks at it this way. Women who file 498a, (not all – i agree some cases are totally fabricated) But cases like Jaya…where is she misusing it?

    Fact- he milked her parents for money. Fact- he mentally tortured her and God knows what else. As long as she presents facts AS IS without ANY distortion, where is the misuse?

    I believe only when the wife FABRICATES stories, only then its misuse.

    As Jaya said…why are you sweeping everyone with the same broom.

    You have gotto to accept that Domestic Violence and Dowry related harrassment is a reality. You cant deny its existence! And where it truly exists, 498a has to be invoked. Your agenda should be against women who lie through their teeth, not against women who have truly suffered.

    I will not suggest that she simply file for divorce and move on…If her husband committed any crime, he should be punished. Give me ONE reason why he should be spared, if he truly committed “dowry” and “cruelty”? If not 498a, then other section. But he cant be let to go free.

    I can understand why you might be defending him, cause you were in the same shoes once or maybe even now are. Thinking logically and maturely cannot be expected from you right now. Its OK.

    Im sure sincere women are not depending on you for advice.

  12. 16 The Fountainhead August 12, 2009 at 5:49 pm

    Yodha,

    Yes, I am pro 498a and sorry to say I have men who support me and will readily marry me even knowing that.

    They know me for a long time and have seen how I have suffered at the hands of my ex. What my ex did to me was for all the world to see.

    Unfortunately, its me now who want to remain single. I am still waking up with nightmares so let alone trust a man again. So, your curse that such women will remain single forever is a blessing to me actually.

    Thank you, however, I hope you dont hate all women. We may fight, but at the end of the day – Men cant live without women and Women cant live without men.

    Good luck and may you find a good wife.

    • 17 yodha August 12, 2009 at 5:59 pm

      fountainhead,
      Glad to know we are on the same side… against injustice. However presence or absence of these laws don’t protect anyone. The police and judicial system is built to deny justice to the needy. Even excellent laws will crumble under their weight.

      So the fight is much larger.

      cheers

  13. 18 yodha August 12, 2009 at 5:49 pm

    yeah i like that Rihanna song…

    it’s rainin…
    ooh baby its rainin
    come here to me
    come here to me

    ….
    under my umbrella .. ella ella eh eh eh

  14. 19 Guest August 12, 2009 at 9:38 pm

    I read all the comments here. I have a question for the Fountainhead. Sure, dowry taking is a crime, so is the dowry giving. So, are you suggesting Jaya to go to Jail along with her parents and husbands? She has already accepted this fact that her parents have given dowry.

    I think it would have been much better if her parents would have lodged a complain of extortion in the first instance it-self if the husband was asking for money after marriage. And it would have been much much better if she would not have married the person if he demanded the dowry before marriage. Why 498a is invoked when the relation turns sour.

    If giving and taking dowry are crimes then the case must be filed at the very moment when the dowry was being exchanged. As per as abettor of the crime is concerned the whole marriage party from both bride and groom sides should be booked immediately. Follow this and within a year dowry system will be abolished.

    The hard truth is that no one wants this dowry system to finish as this single word (use or misuse) has given livelihood to lakhs in different profession and huge international industry is running based on this.

    Now, do not say that I made you laugh. Before that research on Feminism movement in USA, UK, Australia, understand the working of UNIFEM, know the real Business Houses behind this and adverse effect on women it-self. After post IInd world war, women got Financial Freedom, after 1969, women got sexual freedom, now they have all kind of freedoms. Are they happy? They have bungalow, car and high profile jobs. Are they happy? After they return from job, they have only one companion, a cat or a dog. Are they happy. The mental illness is sky-rocketing. They have no one to share true emotions, of course there are thousands to share a glass of wine. Are they happy. The incidents of domestic violence (irrespective of whether men or women are victims) have increased many folds. Men suicide rates are 8 times compared to women. Teenage pregnancies and crimes are more prominent among the children brought up by single mothers. Are they happy?

    Lets talk about the true equality, understand the fact that men and women are complementary to each other not the competitors, celebrate our differences given by nature and enjoy the life. Where there is no compatibility,lets part peacefully. Police and Courts simply can not resolve the matrimonial issues. Every body is a loser in a matrimonial fight. No one wins. Even the women who gets hefty alimony and child custody. Please do a research on this. The Americans are now realizing the devastating effect of broken family systems and now started trying to build it up. Lets lear from their mistakes. Do not destroy the long lasting heritage. At least, no one in India would like to hear from a twelve year daughter – “Its my life, its my right (pseudo rights with no duties), Do not come between my boyfriend and me. Otherwise I will call 911″.

    The bottom line is:

    Victims should be helped and criminals should be punished irrespective of cast,creed, religion or Gender.

    To help you to do some research here is a link:

    http://www.youtube.com/view_play_list?p=DD40D63DBCDFCA94&search_query=warren+farrell

  15. 20 The Fountainhead August 12, 2009 at 11:50 pm

    Dear Guest,

    I respect your opinion. But here is how it sounds:

    “If rape is a crime, then punish the rape victim also, after all if taking sex is a crime then giving sex also should be a crime.”

    Why I gave rape as an example? Here’s why…Because just like rape – dowry is taken FORCEFULLY. Here are a few examples of the threats used:

    1. Engagement will be broken ( = spoiling of reputation of girl)

    2. If dowry is not given, marriage will be postponed indefinitely.

    3. If dowry is not given, Green Card will be taken away

    4. If dowry is not given, then she will be BEATEN. (Most common of them all)

    5. If dowry is not given, then she will be sent back to India.

    6. If dowry is not given, then she will have to put up with mental torture off all in-laws combined.

    etc etc

    So, this is why dowry givers are not punishable. The most ancient meaning of dowry is “stridhan” which means that it is the property of the girl. (Its her share of her fathers property, since traditionally women would not get a portion of the land.)

    It is between the father and daughter. The gold, cash or whatever should be always in her custody and she should use it as she pleases. But when does that happen, you tell me? Somewhere in between in laws came in and started demanding ??????

    It is this greed that has led to deaths of many many women in our country. Thats why, the government has made some stringent laws. Because our country reveres women and we want to uphold this tradition. And we do not and will not tolerate physical and mental violence related to dowry.

    We strongly condemn it and always will. It is this same sentiment in all countries – be it USA, UK or wherever you go. Even Pakistan today passed a new law against Domestic Abuse. The whole world is going strongly in one and same direction – i.e, strictly condemn and abolish Violence against Women.

    You can demand a speedy trial, respect of your rights by police and a thorough investigation! Who said no? But the punishment to those found truly guilty should be very harsh. Unfortunately, most guys dont want to go on trial and offer huge money as settlement to girl’s family. Probably they dont want to go to trial because they know they wont win.

    Well, if the guys are so self-confident of their innocence, then why settle? Why pay ? Go to trail!!

    Dont confuse happiness with freedom. I have seen many grandmas confessing that they got beaten by drunk husbands. As a child, I saw women in my neighborhood get beaten. Every second or third woman in our past generation have been beaten by husband in their marital life.

    You call that happiness? When I asked these grandma’s would they have preffered to live alone if they could? They said yes. All of the women i spoke to. The sad part is they couldnt. Because society would shun them and they would have no source of income.

    Fortunately these two major factors have changed now. Women earn and society respects a woman who had the courage to leave her abusive husband. True freedom and the ability to breathe without fear is true happiness my friend. True happiness is living with self respect, not having to live like a slave – at someone’s mercy.

    Take it from someone who looked at terror in the eye. I know what living in terror is and I know how free and happy I am today.

    And here’s my final answer to “Are they happy? After they return from job, they have only one companion, a cat or a dog. Are they happy.”

    IT IS BETTER TO LIVE WITH A DOG THAN TO LIVE LIKE A DOG.

    Yes, they are happy.

  16. 21 Jayalakshmi August 13, 2009 at 2:03 am

    @Holden:

    It is he who wanted to separate without giving any reason!
    So should he be allowed to go scot free? He is already looking for another wife!!!

    How fair is that? He asked for thousands of dollars and got them ,under the impression that he will better their lives with the money.

    But he broke every promise, every trust in the married life. He pretended illness and helped himself to all facilites, financial social and domestic.

    Still, people advise that he should be let off, and the girl should start all over. How fair is this.

    And when the laws are formed to help atleast in some cases, you all say” let the man go you start afresh”.

    If the girl has done similarly, would anyone advise “let go”?? Why this bias?

    The views expressed by people to “let go” are mostly from men!. This is the tradition of our country. Sweep under the carpet, let the girl suffer, let the men enjoy!

    Very sad indeed. No one is prepared to see that the girl is also a human being. If the guy wanted separation, he could have fairplayed it. Could have stated the reason, given her fair share of what she lost, .. but nothing. Simply disappear.. and you say ” let go”??????????

  17. 22 Jayalakshmi August 13, 2009 at 2:08 am

    @The fountainhead:

    I am encouraged by the views expressed by you . Hope more and more women will think like you and me, be strong and confident. Social changes are sweeping the country. Women are begining to look at life with positive outlook.

    Let us all fight for our place with dignity.

    Thanks a lot. God bless .

  18. 23 PKV August 13, 2009 at 5:32 am

    Dear fountain head

    It is clear from your opinons that you are really
    F O U N T A I N……. H E A D.

    PKV

  19. 24 holden August 13, 2009 at 12:27 pm

    Fountainhead,

    I was not ‘advising’ Jaya but merely giving my opinion. If you browse my previous post, I have clearly mentioned being in favour of prosecution for dowry harassment. My point was that if a married woman is truly harassed to bring more money etc, as Jaya seems to have been, sure legally she can invoke 498A, but like you yourself have admitted that many cases are fabricated. You or I do now know the true facts in this case, hence yes an honest lawyer would advise her correctly. But, keeping all the bull aside, one could count the ‘honest’ of that kind on the fingers of a solitary human hand. What we are seeing time and again is that in a multitude of cases, marital discord is termed as cruelty and the whole extortion/arrest rigamorale starts on what would have been a quarrel between husband and wife. And in most of those cases, the wife would never have been asked for a penny before or after marriage, but yet there is nothing to stop the legal terrorism unleashed.

    Jaya,
    I apologize for seeming indifferent previously. Cruelty of all types is bad. If you have been harassed for dowry etc after marriage you are well within you rights (remember that 498A applies only to married women, so demands etc before marriage would fall under the ambit of the Dowry Prohibition Act). And the stridhan removal etc would be 406. That narrows the scope for 498A, but yet unfortunately, there is widespread misuse.
    My question, though to you is – hypothetically, if ‘he’ did not want to separate and all was hunky-dory, would you still do the 498A thingy on him? (Legally, it would apply if he has demanded dowry after marriage, but would you press charges?). Hence, my contention that once a marriage sours, this card is used, while theoretically your husband would still have committed a crime (according to Indian laws) even if all was well. I am not a lawyer, but with my layman mind, I would say if stuff was given to him by you and your parents willingly, this would be more a case of fraud than that of 498A (which is extreme cruelty).

    Anyway, peace be with all. Cruelty of all kinds is despicable, irrespective of which ever gender promulgates it. Just that the gender-biased laws are being used by some unscrupulous women which might well leave the truly victimised ones in a lurch in a few years.

  20. 25 holden August 13, 2009 at 1:21 pm

    And Fountainead,

    for your last couple of lines about ’sincere women etc’, request you to practice what you preach and refrain from making personal comments if you are not aware of my ‘case’. I have been at the receiving end of the mis-use. let us leave it at that.

  21. 26 The Fountainhead August 13, 2009 at 2:51 pm

    Jaya,
    I completely understand your pain and believe you. If you were not in pain, you wouldnt be here looking for answers. “Letting go” will happen naturally with time when your inner self will be ready.

    Nobody can tell you when to let go. If you unable to forget and overcome, its natural. Its too much to expect someone to digest. This society can accept a callous men, but no matter what a woman has to act like Jesus.

    We dream of a beautiful wedding since we are kids, we dream of our happy little perfect family and kids. When someone comes and with complete disregard shatters all that, why should you be expected to hide in a room and cry? Why should you be handed some broken tools and told to “fix” whatever is left of your life?

    What is left? It takes years for wounds to heal.

  22. 27 The Fountainhead August 13, 2009 at 3:10 pm

    Holden,
    Im sorry if I made any personal comments. I didnt intend to. True, Im not aware of your case. If someone fabricated a story completely to trap you, then all I can say you will definitely win in the end and you name will be cleared. I believe in that.

    Peace.

  23. 28 NRI 498A FIGHTER August 13, 2009 at 10:53 pm

    @ fountainhead,

    Let me tell you a little story.

    There was once a girl (atleast that is what she said). Her name was, let us call her Miss “N”.

    Now Miss “N” promised to be human first before being a woman. Miss “N” made some allegations and claimed some stuff that was too hard to bieleve.

    And now it seems Miss “N” wants blogs moderated, 498a strengthend. Miss “N” said the law should be gender-neutral and misuers punished. Wierd irony huh?

    So Miss N aka…………listen, there can never be a true 498a case. I can prove it to you in one sec. As lons as you keep barking about harassment and harping about women’s rights without taking responsibility or voluntarily disclosing the shit you pulled…..no one is going to give a damn about 498a.

    peace out !!!

    NRI 498A Fighter

  24. 29 The fountainhead August 14, 2009 at 2:07 am

    NRI Fighter,

    I refuse to answer a person who uses swear words. If you cant be civil to visitors, then go ahead, preach to the converted. Good use of your time.

    - The Fountainhead

    • 30 Stop August 14, 2009 at 1:34 pm

      Fountainhead,
      I don’t see anything abusive in NRI Fighter’s comment. But you were abusive all along. Wasn’t it you who said something about women lighting a fire under men’s ***?
      The fate of 498A girls has been written:
      “The wrinkles have appeared, the boobs are sagging and where there was once my slender waist, I have a Chetak tire. My Pop is ready to pop and my mom is cranky. The siblings don’t care about me and in the heart of my hearts – I am missing my educated, civilized husband”
      Hope this doesn’t become yours..
      Peace !

  25. 31 The Fountainhead August 14, 2009 at 3:33 pm

    Dear Stop,

    Arnt you supposed to be in jail? Or maybe nowadays they have internet in prison…Oh God, where is technology taking us !!!

    • 32 Stop August 14, 2009 at 5:09 pm

      Is this the best you can do?

    • 33 Stop August 14, 2009 at 9:17 pm

      Fountainhead,
      Let’s assume that I am in jail, how does this help you in any way?
      Do you know how this whole jail and the threat of jail works?
      After waiting for 5 years to extract a settlement from me, my ex-wife, unable to bear the pangs of the celibacy imposed by me, got re-married.
      I’m free, and she goes on to live a 2nd hand life. Can you imagine what that means? Take a guess..
      Peace !
      PS:
      I was never arrested. Won’t ever be !

  26. 34 The Fountainhead August 15, 2009 at 12:38 am

    Good. Now even you should find a wife.

    THERAPY:

    Listen to this song by Brian Adams 2 times every night before going to sleep and I assure you she will never file a 498a on you.

    If you follow this song word to word, even the worst conniving, greedy, ruthless woman will turn into a very loving wife and will take good care of you. (Im serious, try it)

    Gentlemen, presenting to you Brian Adams:
    “Have you ever loved a woman”

  27. 36 bhupesh August 20, 2009 at 6:45 pm

    who is this fountainhead. R u nuts. i m sure she is one fanatic person who has apoilt so many families. mam come to ur senses. 98% is not what we thought of & declared. its people like u who made it happen.


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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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