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shivani (housewife) 27 May 2016

Please help 498a

Please advice Police has registered FIR against husband and inlaws under 498a/406.. am living in my matrimonial home..so police came to me yesterday for an investigation with me. 1. in how many days police will investigate with my husband and inlaws? 2. What are the steps under 498a ?

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20 Replies

Vijay Raj Mahajan (Advocate) 27 May 2016

Wait for few days. Your matter will be referred to crime against women cell first for counselling session where all of you will be called. After the counselling fails FIR is either registered or matter dismissed by the police authorities. If FIR is registered the investigation starts with arrest of accused persons.

shivani (housewife) 27 May 2016

@ vijay sir.. sir already counselling is complete in the women cell.. fir has been registered..today police came to me and gave me a list wherein i have to submit my evidence.proofs of expense in marriage etc.. but police said that as of now they will not investigate with my husband and inlaws.. i think my inlaws have bribed the police. So sir what should i do now? Should i pressurise the police so that police investigate karne aye sasuralwalon se..

shivani (housewife) 27 May 2016

@ vijay sir.. sir already counselling is complete in the women cell.. fir has been registered..today police came to me and gave me a list wherein i have to submit my evidence.proofs of expense in marriage etc.. but police said that as of now they will not investigate with my husband and inlaws.. i think my inlaws have bribed the police. So sir what should i do now? Should i pressurise the police so that police investigate karne aye sasuralwalon se..

shivani (housewife) 27 May 2016

@ vijay sir.. sir already counselling is complete in the women cell.. fir has been registered..today police came to me and gave me a list wherein i have to submit my evidence.proofs of expense in marriage etc.. but police said that as of now they will not investigate with my husband and inlaws.. i think my inlaws have bribed the police. So sir what should i do now? Should i pressurise the police so that police investigate karne aye sasuralwalon se..

(Guest)

These days 498a FIR investigation focus mainly on complainant at initial stage.
Proof of marriage, expenses, streedhan receipts and statements of witnesses are the most important step of investigation. Police final report depends heavily on material collected from complainant.
Accused are investigated after prima facie case is established based on your evidence.
Usually statements are collected from accused using CrPC 41a process.
If you able to submit evidence of household articles given as dowry, police can perform recovery of articles.
Police are reluctant to do recovery search on their own without magistrate approval in such cases. Circular from Home Ministry has instructed police departments to exercise care in all matrimonial cases to avoid harassment of families based purely on allegations.
Police may also conduct punchnama and take statements from neighbors.
498a/406 offenses happen inside the home, for legal standpoint police investigation is light and has fairly limited role to establish case. Receipts and other documents to prove dowry, phone records and oral evidence of witnesses is the foundation of such cases. Most of this material is in hands of complainant.
After prima facie case is established from investigation police may arrest. Permission from senior police officer is usually needed for 498a arrest. Such permission is granted only in rare cases because the number of such cases are large and conviction rate is abysmal.
Arrest is most likely in cases where husband is absconding and refusing to cooperate with investigation. Also in cases where husband is continuing to cause trouble in wife's life. If he is cooperating with police to give statement and staying out of your life, no arrest will happen.
In bigger cities like Delhi arrests in 498a/406 have almost dropped to zero.
Provide as much evidence as possible to police from your side and try to get favorable chargesheet.
Burden to prove your case rests on you, not on police or your husband.

shivani (housewife) 27 May 2016

@auto hide.. i have checked with the area police.. they are saying that as soon as the FIR is registered police starts investigation with husband/inlaws immediately.. so i think my inlaws have bribed the investigating officer.. so tomorrow i will be complaining against the i.o... i vl b meeting the senior officer..

shivani (housewife) 27 May 2016

@auto hide.. i have checked with the area police.. they are saying that as soon as the FIR is registered police starts investigation with husband/inlaws immediately.. so i think my inlaws have bribed the investigating officer.. so tomorrow i will be complaining against the i.o... i vl b meeting the senior officer..

shivani (housewife) 27 May 2016

@auto hide.. i have checked with the area police.. they are saying that as soon as the FIR is registered police starts investigation with husband/inlaws immediately.. so i think my inlaws have bribed the investigating officer.. so tomorrow i will be complaining against the i.o... i vl b meeting the senior officer..

(Guest)

Is your purpose to prove your case in court or to make in-laws face police harassment? I am getting a sense that you may have filed case to harass them.
Even if police investigate with in-laws it only involves getting a statement from them.
DCP gets complaints that IO is accepting bribe everyday. Its effect is pretty minimal. If you have facts on your side no bribe to IO can prevent your in-laws from the arms of justice. If facts are not on your side any amount of jumping around will not yield results.
If your interest is in going back to husband, chances are close to zero after 498A case so better to accept this fact.
If your interest is to secure a divorce and settlement then some police interrogation may help move situation towards your goal. I have seen that families are usually very scared at CAW and FIR stage of police and courts. They are usually willing to pay big settlement at this time. Once these stages are gone and they gain knowledge of the system their fears drop drastically and they get inclined to let wife run in courts for years without any outcome. Find a balance and negotiate a settlement at earlier stages of case.
If your primary goal is to prove your case and win justice then focus on your evidence. Provide all details to police and help them build solid chargesheet report. Once you present all eveidence, IO has no option but to after the in-laws irrespective of how much they try to bribe.

shivani (housewife) 27 May 2016

@autohide - even if i want to harass my inlaws vth police investigation then whats the big deal about it?? When husband/inlaws torture a lady then its not harassment?? Am married since 8years..my husband wants a divorce only and he doesn't want to pay any alimony for my future..so scope of saving my marriage has already come to an end.. its just that i can't sit on my parents head due to many personal reasons..my parents are not that rich to take my burden.. i don't want to re-marry.. i hv tried my level best in saving my marriage but my husband left me without even thinking that how will i manage my lyf..my life has been ruined.. now if i want to ruin my husband's life then is that a crime? Anyway.. thanks for ur advice.. i hv enough evidence.. and yes i want to harass my husband and inlaws bcz my husband/inlaws have harassed me a lot.. what goes around comes around.. As of now my aim is that some investigation sholud be done with my inlaws by the police..

shivani (housewife) 27 May 2016

@autohide - even if i want to harass my inlaws vth police investigation then whats the big deal about it?? When husband/inlaws torture a lady then its not harassment?? Am married since 8years..my husband wants a divorce only and he doesn't want to pay any alimony for my future..so scope of saving my marriage has already come to an end.. its just that i can't sit on my parents head due to many personal reasons..my parents are not that rich to take my burden.. i don't want to re-marry.. i hv tried my level best in saving my marriage but my husband left me without even thinking that how will i manage my lyf..my life has been ruined.. now if i want to ruin my husband's life then is that a crime? Anyway.. thanks for ur advice.. i hv enough evidence.. and yes i want to harass my husband and inlaws bcz my husband/inlaws have harassed me a lot.. what goes around comes around.. As of now my aim is that some investigation sholud be done with my inlaws by the police..

shivani (housewife) 27 May 2016

@autohide- if i want to harass my husband/inlaws den whats d big deal about it?? Wen husband/inlaws torture a lady then its not a crime?? Am.married since 8yrs..my husband has filed divorce 4yrs bak.. so already my marriage has come to an end.. i hv literally begged in front of my husband but he wants a divorce only.. i can't sit on my parents head bcz of personal reasons..dey r not dat rich to carry my burden.. anyway..i dnt want to remarry.. yes i want to harass my husband/inlaws bcz det hv harassed me a lot.. wat goes around comes around.. rite now my motive is that police should investigate with my husband/inlaws.. and when police itself says thar dey investigate vth inlaws soon after fir is registered den how come am wrong in it ?? Anyway..thanks for your advice.. and do not pass a judgement ever bcz u hv no idea wat al i hv been thru all these 8yrs..

(Guest)

No big deal about wanting to harass. I am not judging, I can understand that you are upset and want to harass him. It is a natural feeling everyone has when an important relationship breaks down.
From my experience I can confidently say that 498a used purely as harassment tactic is not effective in the long run for lot of reasons.
Failure of marriage is not the end of life. Most people who walk out of failed marriage with dignity land on their feet and find a new way to build a future. It might seem that you won't be able to do this at this time. The sense of loss and hopelessness is natural in any divorce, yet everyone eventually walks out of it.
Pursuing this case is guranteed way to spoil the next 5-10 years of your life. After that you will still have to move with courage and build a new life for yourself, except you will have lost 10 years in court.
Rest is your decision. Best of luck.

shivani (housewife) 28 May 2016

@autohide -yes.. you are right.. wen i asked for alimony from my husband he did my recording and he made complaints against me in the court dat am threatning him.. although i know he did that bcz his lawyer advised him.. i hv tried to sort it out vth my husband in every possible way but he wants a divorce vthout giving alimony..rest happens watever is der in d destiny.. my husband is ready to fight this 498a etc cases.. so now even dnt hv an option.moreover i filed women cell case quiet late..before that my inlaws filed 4 cases on me just to pressurise me den i opted fr women cell case bcz der is a limit of keeping calm.. anyhow.. thanks fr ur true advice ..

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