Domestic voilence, 498 a

Business Manager

Dear All

I am writing on behalf of my brother who is NRI. His marriage is more then 7year old.

Surprisly girl and there family has totally changed afer she return to india saying my brother is the reason of all ill-health. They teriffied the entire famile including me that they will put us in jail. i am in orissa and never stayed with them, same my parents (other then holidays which was last year) she was suppose to return back but she did,nt. infact they are sending letters and emails but avoiding physical meeting.  

so far we have no information of FIR as they know my brother was unware of all health problems and they hided from us.

1. what are the precaution we can take ? what kind of evidences we can collect to prove innocence of my brother and parents?

2. She is been away from my brother more then 70 days.is still her complaint is valid.

3. Can they file 498a inspite of 7 years marriage and we never demanded any dowry.

4. they are avoding any discussion inspite of our numerous attempts?

5. should my brother visit them ? they threaten him before. my brother want to help her & his sons but whenever he approaches they shout on him and does not allow him to talk to his wife & two sons.

please can you help in providing some advises.we are really worried about his situtaion.  

Rgds

 

 

 

 
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Senior Partner

Your query is not clear as you are speaking to us on thrid party tone. It is better to tell yoru brother to directly contact his wife / her side of the family for reconciliation or mutual divorce whatever they decide.

To your other part sof thre query;

1. A Complaint can be lodged at any time in a subsisting marriage there is no time limit for lodging complaint under S. 498a IPC. However if offences relates to back dates then the effect of the whole complaint case becomes too weak, but yes a complaint can be lodged if she / her side wish to do that.

2. Expanding above if you and parents never stayed then dependent upon the quality of complaint paras you / your parents can always file discharge application once the complaint case converts into FIR.

3. There is no hard and fast rule about visits, afterall she is still part of the family. During such visits record the evidences of efforts being made to reconcile the parties by preservign tickets, audio and take a witness alogn with who can stand questions in Court as your sides witness.  

4. Ask your brother also to collect evidences of his innocence and moneies that he claims he spent for his family (wife / child) upkeep all these years.

5. It is never too late to hire on retainership basis an local advocate for help during any eventuality now that you / your parents are feelign the heat.

6. As far as illness etc. are concerned it is not clear what that illness is all about and how it is effecting yoru brother’s life and limb in his marriage with this lady? 


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Advocate

I agree there is no time limit for filing FIR for dowry related harassment. Hence there is need for caution but not of worry as there will be a great defence of "delay in FIR"

If there is any complaint/ FIR pending, then you all can have anticipatory bail on the grounds that you all were not them.

If your brother wants to live with his wife, he should file suit for restitution of conjugal rights or if he want to take divorce, he have option to file suit for divorce on the grounds of cruelty and desertion depending on the circumstances.

http://www.aegisjurist.com

http://www.facebook.com/aegisjurist


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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

A couple of things :-

 

1. There is no time limit for complaint for 498a/domestic violence. 

2. It can be filed after marriage, and any amount of seperation.

3. There are things that you can do to safeguard your family from a possible 498a mischief, read this article :-

 

How to fight a false 498a case in India ? a step by step legal strategy.

In Uncategorized on July 7, 2012 at 5:39 am

How to fight a false 498A ? A common husband’s guide.Image

“For men in India marriage is a lottery but you can’t tear up your ticket even if you lose…” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women.

Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost.

498A penalizes cruelty for dowry, almost always comes alongwith S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you.

Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you.

Being a Supreme Court Advocate and a Mens Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :-

1. Insist on a dowry-less marriage – Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later !

2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information;

If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices;

3. As per the prevailing law atleast here in Delhi, if your wife approaches a Police Station with her complaint, she is to be forwarded CAW CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not inititated right away. Once the matter goes to CAW Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :-

a) Give you greater confidence, level playing field in the CAW Cell talks;

b) Prevent any hasty arrest on failure of conciliation;

All in all nothing to lose in this and in this step 1. Would help a great deal.

4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal therefrom which may take some time. There are CIC Decisions that would help you here.

5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled)

6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides.

7. Keep a check on your wife’s finances. Would come handy defending maintenance cases.

8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions.

9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure.

10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines !

11. With a marital property law on the anvil, don’t buy property in your name, much less jointly with spouse.

The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay !

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com, Tel : 9810553252.                                                                                          


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Legal Enthusiast

 

 

plz refer to following link. it will be helpful..

http://www.498a.org/contents/Publicity/498aSurvivalGuide.pdf

regards

rahul.gogreen@gmail.com


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IMA

Its a business for lawyersand Mahila organisation  to earn money with this law and even couples who been married for past 30yrs are now filing 498a provoked by these lawyers and Mahila organisation.

 

Please watch these

http://www.youtube.com/watch?v=YL2ZYhqkdVk

http://www.youtube.com/watch?v=rUCNrMuyX78


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Business Manager

 

Many thanks for your comments.

 
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Sir, Is there is any Organisation of Mens to support Mens from cruelty of their wifes.... ? Same LIKE Mahila organisation

 
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