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Defences for 498a

Page no : 2

(Guest)
Originally posted by :Amit--------------- (S)
"
vulnerability increases with wealth.




So, earn less, become financially poor !!
"


look sir this is not a joke. pls give advice

Shantanu Wavhal (Worker)     01 February 2012

so take it in other way -

before marriage, make sure that there is not huge financial difference betn Husband and wife.


(Guest)

will marriying a fruit selling woman help?

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

You will not be able to prove income of fruit-selling woman....so she will file for maintenance & get it.

Marry a girl earning at least 25% of your salary....get affidavit from her before marriage & after every 3/6 months during marriage that no dowry has been demanded......if needed keep a maid for houshold work......leave wife whenever u wish.....be ready to live separately for 1/2 years......marry another girl earning at least 25% of your salary......

Shantanu Wavhal (Worker)     01 February 2012

@ Chaitanya_Lawyer_Mumbai

 

asking written statements from wife can be treated as cruelty

after marriage a husband is totally defenceless wrt. 498a. 

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

No.affidavits will easily quash 498a,whenever filled.

**Vikram** (Managing Partner)     01 February 2012

No matter how may affidavits filed...if the complaint points towards a trial - then there will be a trial...you are completely defenseless against 498A - Amit is correct...

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

Most agreements and affidavits are not even worth the paper they are written on.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

if affidavit regarding dowry is done before marriage, would that help ?

Shantanu Wavhal (Worker)     02 February 2012

wife can allege that -

though was not taken before marriage, dowry is being asked after marriage.

so no use !!

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

If our judiciary was so biased,then there would have not been just 1-2% conviction rate in 498a cases.

ravindra (Analyst)     02 February 2012

Any agreement for the giving or taking of dowry shall be void

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

As per DP act 1961,it is mandatory ro mention the list of articles exchanged during marriage.

There are many govenment schemes in some states,including maharashtra,where marriage expenses are retuned to a couple if they state on affidavit that they have not taken any dowry & perform their marriage in mass-marriage schemes.in that case it becomes mandatory to file such a affidavit.

Moreover,it is a persons discretion to state on affidavit whatever he/she wants.

There is nothing illegal in asking a wife or her relatives to state on affidavit before & anytime after marriage, that there has been no demad for dowry till date.

i have handled such a case personally & obtained divorce without a single penny to the girl. 

**Vikram** (Managing Partner)     02 February 2012

When the complaint is launched, the poilce will make an FIR and arrest the accused...it is the job of the Court to see what is there and what not..what is applicable and what not..

 

But for sure, any such agreement will not be applicable at all...the case cannot be quashed only on the basis of an afidavit..the court will like to try the case and see..

 

Vikram

Shantanu Wavhal (Worker)     02 February 2012

get married

keep taking affidavits everyday !!


funny.


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