Justice Kailash Gambhir (Delhi HC) Guidelines On 498A Cases

Here are the orders of Justice Gambhir. You can read about him here and I very well consider him to be the next Justice Dhingra.

These guidelines follow the Commissioner YS Dadwal order prohibiting 498A arrests in Delhi.

Delhi Police: No 498A Arrests Without DCP’s Permission

There won’t be hordes of radical feminists attacking Justice Gambhir for these guidelines, as they risk being exposed and ridiculed by Indian bloggers affected by 498A.

More later. I’ve been working many hours in my new job and I have been sick since yesterday. Trying to wrap up as many pending posts as possible.

Here is the judgment: Justice Kailash Gambhir (Delhi HC) Guidelines On 498A Cases

The guidelines are given below:

Guidelines:
1. Social workers/NGO
There is no iota of doubt that most of the complaints are filed in the heat of the moment over trifling fights and ego clashes. It is also a matter of common knowledge that in their tussle and ongoing hostility the hapless children are the worst victims. Before a wife moves to file a complaint with the Women Cell, a lot of persuasion and conciliation is required.
(a) The Delhi Legal Service Authority, National Commission for Women, NGOs and social workers working for upliftment of women should set up a desk in crime against women cell to provide them with conciliation services, so that before the State machinery is set in motion, the matter is amicably settled at that very stage. But, if ultimately even after efforts put by the social workers reconciliation seems not possible then the matter should be undertaken by the police officials of Crime against Women cell and there also, serious efforts should be made to settle the matter amicably.
2. Police Authorities:
(a) Pursuant to directions given by the Apex Court, the Commissioner of Police, Delhi vide Standing Order No. 330/2007 had already issued guidelines for arrest in the dowry cases registered under Sections 498-A/406 IPC and the said guidelines should be followed by the Delhi Police strictly and scrupulously.
(i) No case under Section 498-A/406 IPC should be registered without the prior approval of DCP/Addl. DCP.
(ii) Arrest of main accused should be made only after thorough investigation has been conducted and with the prior approval of the ACP/DCP.
(iii) Arrest of the collateral accused such as father-in-law, mother- in-law, brother-in-law or sister-in-law etc should only be made after prior approval of DCP on file.
(b) Police should also depute a well trained and a well behaved staff in all the crime against women cells especially the lady officers, all well equipped with the abilities of perseverance, persuasion, patience and forbearance.
(c) FIR in such cases should not be registered in a routine manner.
(d) The endeavor of the Police should be to scrutinize complaints very carefully and then register FIR.
(e) The FIR should be registered only against those persons against whom there are strong allegations of causing any kind of physical or mental cruelty as well as breach of trust.
(f) All possible efforts should be made, before recommending registration of any FIR, for reconciliation and in case it is found that there is no possibility of settlement, then necessary steps in the first instance be taken to ensure return of stridhan and dowry articles etc. by the accused party to the complainant.
3. Lawyers:
Lawyers also have a great responsibility in this regard.
(a) While drafting pleadings/complaints, the lawyers should not unnecessarily suggest incorporation of wild allegations, or in character assassination of any of the parties or their family members whatever the case may be.
(b) Lawyers are also to endeavor to bring about amicable settlement between the parties as they are expected to discharge sacred duty as social engineers in such cases instead of making them target for monetary considerations by multiplying their cases.
4. Courts:
Subordinate courts, be it trying civil or criminal cases concerning bail, maintenance, custody, divorce or other related matters shall in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties.
a) The first endeavor should be for possible reunion and restitution of the parties and as a last endeavor to bring about peaceful separation.
b) If possible extra time should be devoted to such matters to restore peace in the lives of rival parties be it by re-uniting them or even in case of their parting ways.
c) Conciliatory proceedings by the court should preferably be held in camera to avoid embarrassment.
d) Wherever, the courts are overburdened with the work, necessary assistance of Mediation and Conciliation cells should be sought.
Apart from above directions it would not be out of place to ask parties also to themselves adopt a conciliatory approach without intervention of any outside agency and unless there are very compelling reasons, steps for launching prosecution against any spouse or his/her in-laws be not initiated just in a huff, anger, desperation or frustration.

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25 Responses to “Justice Kailash Gambhir (Delhi HC) Guidelines On 498A Cases”


  1. 1 anupama sharma August 26, 2008 at 6:37 am

    i hope this helps in removing extortion tactices adopted by females because of which the genunie females suffer but in turn persons for whom Section 498 A IPC is actaully required will also suffer. A well deserved move taken well in time.

    Like

  2. 2 aneel kumar October 11, 2008 at 12:12 pm

    many many thanks, justice gambhir. for god sake, abolish the law of arrests of families. it will destroy the whole society & make nice persons into criminals. now a days married woman due to any petty reason file complaint in 498 a/406 & disturb the financial structure of husband, and then demand maintenance u/s 125 & in u/s24, how u can justify both things at the same time and than blackmail husband family int a big settlement deal. law & lawyers both are enjoying & looking drama of harassed / break up familities.
    thanks for making land mark judgement sir. I salute you.

    Like

  3. 4 Manju Jehu December 7, 2008 at 7:38 am

    Dear Kailash,
    If you are from ROHATGI SCHOOL then reply…MJ

    Like

  4. 5 Guru January 20, 2011 at 7:13 am

    I salute the judges like Sh.S.N.Dhingra and Sh.Kailash Gambhir

    Like

  5. 6 dr navneet January 25, 2011 at 9:46 am

    hv u guys seen the plight of married brides who bear the humiliation each moment,there fathers and mothers begging their husbands to maintain harmony and they getting kicked and humiliated by their daughters in laws.if u wud hv seen it u wud not be cheering such verdicts.i hv been a witness to it.no atleasr most of indian brides dont get married to take divorce.its not too much of herto askl for love respect security from husband.most indian brides wud prefer love and respecty over alimony.but if she is denied of these what else is left…”alimony”

    Like

    • 7 Paramveer January 24, 2014 at 1:18 pm

      Why alimony? Did she married for alimony? Usually Indian girls and their family search for rich grooms not the grooms for love and respect. If they marry with a person from lower status they will never seek alimony and love and respect will come naturally. These cases are the causes arise from greed only.

      Like

  6. 8 Rajat February 22, 2011 at 5:09 am

    This is the judgement which has come to rescue a harrassed husband. There have been several proven examples of misuse of the act and filing false cases which are not less than extortion.A woman can file a complaint without proving allegations and the onus lies on the man to prove innocence. Can a man spend happy married life as he would be all the time busy in keeping records to avoid any false allegation in future. The authorities should bring suitable amendment to punish women and their families for levying false allegations. If that is done, I am quite sure that there will be drastice reduction in such cases which are meant only for harassing husband and their families for extortion of money. Otherwise a situation would come when the men will be afraid of marrying and a total imbalance in the society.

    Like

  7. 9 arun kumar June 23, 2011 at 6:04 pm

    thanks dear i m very happy to know its all

    Like

  8. 10 rajat June 24, 2011 at 4:03 pm

    If CAW cell behaves professionally, I am quite sure that majority of the cases being reported by greedy brides family could be successfully resolved. Initially the brides with a motive of extorting money, reports the case at CAW cell and then misbehaviour attitude of CAW staff totally spoils the case and ultimately results into extortion and break ups. The extortion is also escalated as the staff manning the CAW cells are also equally corrupt.If Police Authorities can ensure manning of CAW cell by the professional counsellors, I am quite sure that break ups will reduce drastically.

    Like

  9. 11 vponmudi July 14, 2011 at 6:00 pm

    very much helpful to defence lawyer ponmudi salem tamilnadu

    Like

  10. 12 nanu August 26, 2011 at 8:38 am

    What a nice piece of information. I wnt let my family suufer because of this evil law

    Like

  11. 13 rajat August 28, 2011 at 12:00 pm

    there are some audio recordings which needs to be submitted to defend the case. the court wanted these recordings to be transcripted. Can anybody suggest as to how to get transcription.

    Like

  12. 14 rajat August 28, 2011 at 12:08 pm

    DV act has been the major source of corruption.CAW cell are bribed by girls where the cases are falsely alleged. The boy side also do bribe them to remain defended. Advocates also enccash such opportunities and many times the advocates of both sides join hands to extract as much money possible from the boy side. Due to recent developments during anna hazaares anshan, I feel it is the high time now to press for amendment of DV Act as it has been concurred by various courts in their judgements that these act are abused rampantly and is the major source of corruption at Police Station and Courts.

    Like

  13. 15 Manik Chhillar October 3, 2011 at 6:39 am

    many many thanks, justice gambhir. for god sake, abolish the law of arrests of families. it will destroy the whole society & make nice persons into criminals. now a days married woman due to any petty reason file complaint in 498 a/406 & disturb the financial structure of husband, and then demand maintenance u/s 125 & in u/s24, how u can justify both things at the same time and than blackmail husband family int a big settlement deal. law & lawyers both are enjoying & looking drama of harassed / break up familities.
    thanks for making land mark judgement sir. I salute you.

    Like

  14. 16 op suneja December 24, 2011 at 9:04 am

    conilatory efforts shold be done only by those ngo or protector of women rights who are living with there family and are living a peaceful life themself,but in most of cases i find the so called social activis either have not married or if married have divorced their husbands at some stage and all their efforts are in direction of divorced only .

    Like

  15. 17 rajat December 24, 2011 at 11:02 am

    Contrary to the decisions of Hon’able Justice Gambhir:
    1. CAW harass husband and his family in the very first instance.
    2. The husband and other accused are not issued even a copy of the complaint then how to defend is a big question.
    2. Mediator compels husband to engage him/her or the spouse as lawyer to defend the case. If you complain against such behaviour, he/ she recommends registering a FIR on the file. The mediator job is to record as to whether the mediation was successful or not. Recommending FIR to be registered is somewhat surprising.
    3. CAW cell never listen to the version of husband and his family.
    4. The FIR is registered without any investigation. If you ask IO as to how arrest warrants are issued, IO says investigation is over without even questioning husband.
    5. A judge of the district court during reconcillation process greets in the first instance itself that he has ordered so many people to be hanged, give money to the wife as much as demands, aisey samajh lo kee aapne ek saal naukri nahin kee thi. This is despite tha fact that the wife levies false allegations to hide extra marital affairs.
    6. Police Deptt. itself helps wife to declare her in-laws house as matrimonial home despite the fact that wife and husband staying in states other than parents state..
    7. Even though every accused tells he is innocent but if your presume for a moment innocency to be a true fact and despite innocency (even there is no dowry of single penny) if one is faced such experience what you would like to say:

    After all why all such drama is basically because of the fact that Police Wallah does not want to loose such a wonderful opportunity to pocket the money from both side. Who are the beneficiary of such abuses of law:
    1. Police Wallahs (he takes money from both side)
    2. CAW cell (It takes money from wife side to harass the husband side) so that he is induced to shell out money. Have anybody heard of IO at CAW cell to negotiate the money to be paid. Their job is to reconcilliation, return of istridhan if any etc.
    3. Advocates of both side as wife advocate start negotiating with husband advocate for his/ her commission ( he says he is battling the case w/o any fee…what is his interest in the case w/o any fee and what excitement he would bring to the case is a matter of common sense).
    4. Legal system
    5. Mediator as he/she starts only with influencing husband to engage them as lawyer. Why mediators are not from the society instaed of lawyer as after all husband and wives are supposed to live in society and not in courts.

    Rgds

    Like

  16. 18 rajat December 24, 2011 at 5:13 pm

    Another statement used by the learned judge of the district court on the statement of the husband that the wife had extra marital affairs physical relations says that ” ek hee to physical relation tha ek to allowed hai”.

    Ab aap khur andaza lagaayee ki essey kya samjhna chahiyee.

    Like

  17. 19 op suneja December 29, 2011 at 8:16 pm

    families ko barbad karne me lawers ka bahut bara yogdan hota hai, but very lawers in this country have united the families also i have very respect for these lawers who have not seperared the families

    Like

  18. 20 Vijay k gupta August 2, 2012 at 8:28 am

    I am proud of you We need judges like you who are aware of ground realities and do really justice Vijay K Gupta south campus alumnus

    Like

  19. 21 Ajay September 3, 2012 at 1:05 pm

    Salute to justice kailash Gambhir for a wonderful understanding about inside realities and human natutre.

    A shocking 498A case has been registered just a week back against my brother and me. (I am Brother-in Law)

    After 22 days of marriage my brother and his wife lived in USA for 13 years.

    They are both American Citizens with US Passports.

    Both kids are American Born Citzens.

    They lived One Year in Mumbai.

    Never stayed with us at all as matrimonial home.

    No investigations made till now and FIR is registered under the influence of girls family’s police, judicial and political links.

    The whole machinery is working against us without knowing the facts.

    No one called us till date for any investigations or to know our facts.

    Baseless and False stories are told to senior officers and they are acting as convinced and influenced. (misusing their powers)

    why my name is there in FIR 498A i realy dont understand.

    Will Fight against this till the last drop of blood and breath.

    regards

    FOR GOD SAKE LADIES BE HUMAN AND DONT MISUSE 498A.

    NO ARREST SHOULD BE ALLOWED UNDER THIS ACT AT ALL UNTIL PROVED GUILTY AND HAVING SOLID EVIDENCES.

    Like

  20. 22 Rajat October 11, 2012 at 2:44 pm

    Nexus among girl- parents-police-court-mediator-judicial- government= Corrupt money

    Like

  21. 23 lakshay December 13, 2012 at 3:02 am

    i respect of all the laws because i live in india and am an indian. When i got married i have never ever think about the above laws but now when my wife registered false allegations on me and my family i need to know every bits and piece of the law and i read about them thorougly. Caw cell misbegaves with me and my family the IO was not listening to me and given threatend to us for registering case and FIR…Need help/advice on the same..the IO is taking only their family side..a one side favor..it seems she got bribe….THE IO also said we will harass u and ur family aur jail bhi jana padh sakta hai… Pls advice what is the next step should i take. I read about the above law but what is the harassment the IO makes on us?

    Like

    • 24 Rajat February 1, 2014 at 2:08 am

      It is a fact that IO are taking bribes from the women to file false cases and in fact these IOs are aiding those women for not their resettlement but only to get corrupt money. It is a very simple logic the girl will file 498a just to extort the money and there is no end to their demand. Today you agree for some amount, tomorrow their demand would be raised. The advice would be to have patience and bear the insult being extended to you and your family, use extensive RTIs, and dont succumb to their pressure of demands. Engage a good lawyer (trust worthy and you have to be very careful). Initially you would be boycotted even by your relations. Dont worry. Sooner or later such cases are getting spread like virus. Another advice would be keep on recording the conversation of all concerned like yur beloved wife, IO, Mediator etc. That would prove that everyone is aiding corruption/ extortion.

      Like

  22. 25 sushil October 29, 2014 at 10:27 am

    Hi Sir,
    Actually there has some major problem at my home as my brother just got married in may’14 and after marriage 1 month everything going fine, but after that she is trying to fight mom with any reason, we called their father and he understood the situation and explain her not to do this kind of things, and after 2 month she has some debate with my brother as she told something about my mom and my nani, in response my brothers says something about their family too and on the same day she close the door and pack their bags and leave the home at around 11:00 o’clock at night and stand on street and after many request she ready to come home back, and after coming home she has some discussion with their MOM and she burned their hand from “IRON(Press)” and crying that my brother did that and after calling their parents to come and see her(but her father is in jail for some offence) so he wont be able to come and her brother(criminal background) says that he will kill all of us indirectly, and after that she asking for dowry, give me that much amount(Rs 15 Lac) then I will think to leave you, and she says that if she complain nobody will listen you and govt. only listen to women even if they falsely blame, whatever she will say to police they will accept even it is wrong and she is fight everyday and says that she will put us all in jail, we are very much afraid and not able to do anything and my mom just get pain in chest and doctor suggest not to give her any kind of tension otherwise she will get Heart Attack, we are afraid my mom get into depression.
    Sir please let me know in this case what I can do, we all are very much upset, I wish you can reply.
    Regards,
    Sushil

    Like


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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 over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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