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Krishna   18 January 2018

498a

Dear learned Lawyers,

In these columns we are regularly seeing topics repeatedly about 498A. I'm also a victim and my ex wife and her sister both filed 498A cases extracted money repeatedly from the victims. their entire family is into this business. There are genuine cases of women sufferring also. When ever a woman want to have family,children, they are filing 498A cases as a lost resort. But majority of the women it become a tool to extort money from the husband, In Laws and force him for a financial settlement.Parents are also encouraging their daughters. In this process women, being a mother in laws also sufferring at the old age, with no fault of them.

On the other hand police, they do not do any enquiry, when a woamn approaches, they casually refer to mediation/counselling, generally done by by untrained home guards.n It will be a fish market. If the woman side have money, influence, know how to use law for their advantage, they will lodge complaint immediately. Even the police will add masala by adding sentenses on their own. Some times the lawyers, police have ready made templates for the complaint

If any body want to delay the arrest police will take money, to remove some of the accused they will take money per person. They simply sit at PS and prepare charge shhet even visiting the place crime/incidents as complained.In charge sheet, police simply copy the FIR. Even when some people go to PS with strong evidence they will say, fight in the court and proove your innocense.

Fighting 498a has financial ruining, mental torture,losing jobs, wasting of time. With loads of cases, the courts give dates for initally 2 years, Even police will charge sheet generally after 8-12 months. So everymonth just to get next date a person has to go everymonth. If a person is from out station, then his problems are more.

Finally how to stop this menace. Neither husband nor wife benefitting from this useless law.

There are more Senior Lawyers here, kindly give suggestions, how we can make the law better, approach Government of India, Courts etc to change 498A.

Can we have a dedicated lawyers list city wisewho can guide, fight 498A cases ( for genuine victims) in lower courts and High courts. Can we develope such a list from LCI who can charge reasonably



Learning

 10 Replies

Adv. SIddharth Jain (Advocate )     18 January 2018

i completely agree with you on this.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 January 2018

Sir, I practice in Delhi and deal with such kind of matters ..... Please inform if my services are required any point of time ..... Warm Regards Kapil Chandna Advocate 9899011450,9911218741 Kapilchandna.legal.com

Krishna   18 January 2018

With conviction rate around 5% and no husband will live with a wife who has lodged 498A case, sent husband to jail. So what the law achieving or is it preventing such atrocities against women. If IPC 498A is perfect, so many courts will not give such adverse judgments.

Vijay Raj Mahajan (Advocate)     18 January 2018

What can lawyers and judges do if the law was enacted by corrupt politicians sitting in Parliament or Legislative assemblies such senseless and mischievous laws. It was Rajiv Gandhi Congress party in the year 1984 that brought this Section 498a IPC provision just to please various women's by organizations in India. Ant-dowry laws were already in exists but still this was made. Ever since this has been misused by women in India to extract huge sums of money from husbands and in-laws. Supreme Court held the enactment of the provision u/s 498a as valid and constitutional so it's still going on. Unfortunately even the present BJP government is not removing or amending the provision. At least it could be made non-cognizable do police interfere and money making tool is over. By making it compound-able offence it can get compromised at trail court level without going for quashing by High Court. By making it bailable the arrest and sending accused to jail even for short period will come to an end. But all this who will do, definitely no lawyer or judge but your politicians who you elect for this job, so better ask them.

TGK REDDI   18 January 2018

Shri Vijay Raj Mahajan is quite bold.


(Guest)
Originally posted by : Krishna
Dear learned Lawyers,

In these columns we are regularly seeing topics repeatedly about 498A. I'm also a victim and my ex wife and her sister both filed 498A cases extracted money repeatedly from the victims. their entire family is into this business. There are genuine cases of women sufferring also. When ever a woman want to have family,children, they are filing 498A cases as a lost resort. But majority of the women it become a tool to extort money from the husband, In Laws and force him for a financial settlement.Parents are also encouraging their daughters. In this process women, being a mother in laws also sufferring at the old age, with no fault of them.

On the other hand police, they do not do any enquiry, when a woamn approaches, they casually refer to mediation/counselling, generally done by by untrained home guards.n It will be a fish market. If the woman side have money, influence, know how to use law for their advantage, they will lodge complaint immediately. Even the police will add masala by adding sentenses on their own. Some times the lawyers, police have ready made templates for the complaint

If any body want to delay the arrest police will take money, to remove some of the accused they will take money per person. They simply sit at PS and prepare charge shhet even visiting the place crime/incidents as complained.In charge sheet, police simply copy the FIR. Even when some people go to PS with strong evidence they will say, fight in the court and proove your innocense.

Fighting 498a has financial ruining, mental torture,losing jobs, wasting of time. With loads of cases, the courts give dates for initally 2 years, Even police will charge sheet generally after 8-12 months. So everymonth just to get next date a person has to go everymonth. If a person is from out station, then his problems are more.

Finally how to stop this menace. Neither husband nor wife benefitting from this useless law.

There are more Senior Lawyers here, kindly give suggestions, how we can make the law better, approach Government of India, Courts etc to change 498A.

Can we have a dedicated lawyers list city wisewho can guide, fight 498A cases ( for genuine victims) in lower courts and High courts. Can we develope such a list from LCI who can charge reasonably

 

Yes, husband, wife, police, advocates and court have made 498a a useless tool.
Jo darr gaya who margaya said GABBAR

498a ---> arrest warrant ----> harassment by arrest on Saturday, no bail Sunday inside lockup, Monday court open. Bail.
More scared of getting locked up under 498a? go anticipatory bail-----> go high court------> highcourt big advocate, big fees.

But I say who asked man or woman to marry?
Man and woman marry for their own pleasure or pressure.

Why blame it on Rajiv Gandhi or some other politician for brining 498a? or DV in 2005 by Sonia?

Marriage is neverending adjustment.  Some maladjustment occurs? Man take revenge by beating hitting etc.  women simply call police, file some complaint to take revenge.  Most cases this is what happens.  Case booked under 498a.

What men and women lack is conscience.  They take wrong decisions with lack of conscience and end up creating problems for self and others.

Why have people forgot, be good do good. Honesty is the best policy.  Why people have forgot to love each other.

Judges themselves fighting with each other for past few days, where will husband and wife who want justice go?  Some more questions to ponder, some more answers needed, but who will give answers when all people pose only problems?


(Guest)
Originally posted by : Krishna
Dear learned Lawyers,

In these columns we are regularly seeing topics repeatedly about 498A. I'm also a victim and my ex wife and her sister both filed 498A cases extracted money repeatedly from the victims. their entire family is into this business. There are genuine cases of women sufferring also. When ever a woman want to have family,children, they are filing 498A cases as a lost resort. But majority of the women it become a tool to extort money from the husband, In Laws and force him for a financial settlement.Parents are also encouraging their daughters. In this process women, being a mother in laws also sufferring at the old age, with no fault of them.

On the other hand police, they do not do any enquiry, when a woamn approaches, they casually refer to mediation/counselling, generally done by by untrained home guards.n It will be a fish market. If the woman side have money, influence, know how to use law for their advantage, they will lodge complaint immediately. Even the police will add masala by adding sentenses on their own. Some times the lawyers, police have ready made templates for the complaint

If any body want to delay the arrest police will take money, to remove some of the accused they will take money per person. They simply sit at PS and prepare charge shhet even visiting the place crime/incidents as complained.In charge sheet, police simply copy the FIR. Even when some people go to PS with strong evidence they will say, fight in the court and proove your innocense.

Fighting 498a has financial ruining, mental torture,losing jobs, wasting of time. With loads of cases, the courts give dates for initally 2 years, Even police will charge sheet generally after 8-12 months. So everymonth just to get next date a person has to go everymonth. If a person is from out station, then his problems are more.

Finally how to stop this menace. Neither husband nor wife benefitting from this useless law.

There are more Senior Lawyers here, kindly give suggestions, how we can make the law better, approach Government of India, Courts etc to change 498A.

Can we have a dedicated lawyers list city wisewho can guide, fight 498A cases ( for genuine victims) in lower courts and High courts. Can we develope such a list from LCI who can charge reasonably

 

Yes, husband, wife, police, advocates and court have made 498a a useless tool.
Jo darr gaya who margaya said GABBAR

498a ---> arrest warrant ----> harassment by arrest on Saturday, no bail Sunday inside lockup, Monday court open. Bail.
More scared of getting locked up under 498a? go anticipatory bail-----> go high court------> highcourt big advocate, big fees.

But I say who asked man or woman to marry?
Man and woman marry for their own pleasure or pressure.

Why blame it on Rajiv Gandhi or some other politician for brining 498a? or DV in 2005 by Sonia?

Marriage is neverending adjustment.  Some maladjustment occurs? Man take revenge by beating hitting etc.  women simply call police, file some complaint to take revenge.  Most cases this is what happens.  Case booked under 498a.

What men and women lack is conscience.  They take wrong decisions with lack of conscience and end up creating problems for self and others.

Why have people forgot, be good do good. Honesty is the best policy.  Why people have forgot to love each other.

Judges themselves fighting with each other for past few days, where will husband and wife who want justice go?  Some more questions to ponder, some more answers needed, but who will give answers when all people pose only problems?

TGK REDDI   18 January 2018

Men and women sympathise with woman.     Men and women hate man.    Irrespective of guilt.      Women therefore are ogresses.

TGK REDDI   19 January 2018

Shri Ramesh Singh is living in an imaginary paradise.

TGK REDDI   19 January 2018

Hell hath no fury like a woman scorned.


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