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John Reddy (Executive)     17 May 2011

498a in different state

I want to get some information about my situation, I got married in Dec 2010, and I am from Hyderabad and my wife is from Punjab, and my wife left my home in Apr 2011 and went to her parents home in Punjab because of some quarell with my parents and is not ready to come back and its 1.5 months, we have not taken any dowry during the marriage, because we are against dowry or neither we discussed about anything relating to dowry with her or her parents, and there has been no torture or any other issue, just that she wants an independent life and not interested to continue with the marriage.

In order to trouble us can she file a 498a from Punjab, and if yes, then the Punjab police will come to Hyderabad for the arrest (as we know that for 498a there is no proof required and police can come & arrest whom ever she names without any proof) or she has to complain at Hyderabad about this, and how can we safeguard our selves, and save ourself from any arrest,  so far there has not been any threat from them relating to anything.



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 8 Replies

Rashmi Mohanty (Reading)     18 May 2011

Mr.John..............I read your statement........about 498a. Your allegation are not unjust whereas the law is very specific in this regard. While at the time of adoption of this law, the legal experts as well as the legislature, have examined all the directions relating to its application along with its misuse. It seems as if the law is more liberal towards women than men. But, in actual, it is balanced one. 

Dowry is a social stigma and  to eradicate it from our society, the law has been formulated. Further, in each case, while execution law, it results, two parties, i.e. one aggrieved and another pleased. So, it can't please both the parties. Normally, it appears bad for the male side ..............and it becomes a consolation for the female sides.  

There are many social, financial and biological causes, which suggests law to be more liberal to girls.   For example, she has to accept her husband's home for ever, she has to bear the fruit of s*xual intercourse, she has to face difficulties while remarriage wheres the men can easily get second wives,  her right over succession or inheritance is very poor and hardly used by them due to the fear of social disapproval, hardly, anyone of us, deny the role of mother, sister and daugther's  in the society. finally, we are indebted to them, as they are procreating the society and becomes the source of social energy for the men. 

Sorry, Mr..............I have described all these facts to make it clear before you that why the law is more liberal to women in this regard.

Now, come to the point, if you feel  that  you have been victimised by the Dowry Law 498A and your wife is misusing this law to cause injury to your social life, then you must pray to the High Court for a Anticipatory Bail U/s.438 against such illegal move. 

John Reddy (Executive)     18 May 2011

@Rashmi

I appreciate your reply to explain me in detail about this IPC section been misused, but my question is still not answered, I want to know whether she has to file the case in Hyderabad, or can she file it at Punjab her current residence, and if she files in Punjab, then will the Punjab police come and arrest us or they will inform Hyderabad police about this and it will be taken up by Hyd police, or how will be the course of action.

I would appreciate if some one can help me in this.

Arup (UNEMPLOYED)     18 May 2011

I want to know whether she has to file the case in Hyderabad, or can she file it at Punjab her current residence,      ----     SHE CAN FILE FROM PUNJAB.

 

will the Punjab police come and arrest us or they will inform Hyderabad police about this and it will be taken up by Hyd police, or how will be the course of action.    ---   NORMAL PROCEDURE IS PUNJAB POLICE COME TO HYDERABAD AND WILL INFORM THE LOCAL THANA OR HIGHER AUTHORITY, AND IN CONFIDENCE WITH THEM, THEY WILL  ARREST THE ACCUSED. ACCUSED HAS TO TAKE BAIL FROM THE COURT AT PUNJAB.

YOU MAY SEEK ANTICIPATORY BAIL.

John Reddy (Executive)     18 May 2011

@Arup

Thank you for the valuable info, will the Punjab police with the local police investigate or just go for the arrest and on what grounds can I apply for Anticipatory Bail.

Arup (UNEMPLOYED)     18 May 2011

PUNJAB POLICE WILL GO just  for the arrest .

 

grounds  ---   GIVE THE DETAILS OF DISPUTE IN SHORT; IF THEY INDICATE YOU ABOUT GOING TO FILE 498A OR DV, ANY THREATNING , EMAIL ETC, GIVE REF OF IT.

1 Like

John Reddy (Executive)     18 May 2011

Thanx a ton for all your valuable info, I appreciate it

John Reddy (Executive)     20 May 2011

@Arup or if any one else can answer

I was going through some websites and as per some judegements, the person has to file the case i.e 498a at the place where the offence has happened, and not where her parent's home is, civil cases can be filed in which ever place the female wants, but criminal cases has to be filed at the place/city of offence. Is this true?

hema (law officer)     20 May 2011

dear john reddy,

civl cases can be filed where she lives at the time of filing the petition.  in criminal cases also she can file the cases from punjab, as this nature of case is continuing offence in respect of territorial jurisdiction.  Sh. Sarvesh Kumar sharma, advocate put a beautiful posting including sc judgement on the point in family forum section.  go through it.  very helpful.


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