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About 498a

Nitish Banka
Last updated: 01 December 2015
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Understanding 498a cruelty

498a envisaged in Indian penal code, it is called as legal terrorism, most of the married men in India are facing false cases and spending lot of time in litigation and lot of harassment, the main soul of this section is cruelty, the word cruelty is interpreted by various judgments by courts in India. But for a layman wife even domestic wear and tear of marriage life causes husband to face harassment, normal quarrels in house can land up husband and his relatives in jail, that is why it is termed as legal terrorism.

498a cruelty

Cruelty on husband

However correct legal advice along with correct legal techniques can save thousands of witness, there is a mechanism of quashing false case, and in some cases quashing is the most efficient and fastest remedy, but there are some cafeteria for this, in most cases the high court tells to face trial, yes quashing can happen through high court.

Mediation in 498a, yes 498a does calls for mediation and it is also very good remedy to extract evidence of other side and if mediation is used as a tool, it can bring lot of benefit.

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There are other ways also to solve this issue, like in cross examination only the husband can break wife false evidence. remember 98% of 498a are never proved in court of law. The main evidences that are there in 498a are medical evidence,eye witnesses,watsapp and email messages.

Sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence. Nowadays such false cases are best way to extract money from the innocent husband.

For wives if they are thinking of lodging a false case that means its an end to their marriage.

By. Adv. Nitish Banka

B.E LLB(Hons)

nitish@lexspeak.in


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Comments

9 years ago sanjeev kumar

Mai kya kru sir meri wife ne mere pe 498a or 125 ka case kr deya hai pr mai uske sath hi rahna chahta hu to maine act 9 keya hai aage mai kya kru please sir help me


9 years ago Mrs Mary joyce

Dear Sir I Got married on September 2015 which 4 months now and have been facing lot of issues in my in laws house as it is a joint family , they are asking to get money and more jewels from the house, every often I am going through a hell lot of difficulties and danger in this house where my husband often picks up unwanted fight and mother in law creates big scene where other in laws take part they all brutally abuse me in filthy language and hit me and threaten me saying I would loose my married life. My mother in law always threaten me that she will make her son to divorce me and get him married to somebody who is more wealthy and extremely beautiful, she keeps asking for liquid cash and jewels she says her parents gave her 80 sovereign as a wedding gift and i should also fullfill something similar, she insults me and my family with the wedding gift and jewels offered is unacceptable as their relative will not respect the family they will abuse me and throw me out, she says if this was the case she would have cancelled the wedding even after our engagement, she always compares girls who got married in her friends circle and with jewels and property given to them, while fighting with me she often spits at my face, she beats me, tries to kick me, she uses all valgur words and pulls my hair using sentence like i am more worst than a prostitute, she says nobody was ready to marry me only her son took pity, she says I must have given birth to a baby before marriage she insults me with my complexion and appearance in filthy language, she says i forgot that i was fetching pit water and i come from lingarajapuram, she also says that in tamilnadu girls are killed by cylinder blast and also while eating she mentions that she has not added poision to the food, she says during her time she gave all her jewels for their in-laws for their wedding and I should also take the same responsibility in getting my in-laws married without fail, she says her younger sister went abroad earned money and got their in laws married so she also expects similar responsibility from me, she says my husband's first wedding preparations with a girl in nagercoil was called off after an engagement as the bride was not a good character and she says my husband would do anything for his mom even in giving up me she doesnt feed me properly she is partial she gives me left over food, she hates and tortures me when i dressup well as she wants only her daughter to look good, she never allows my husband to get along with me even for an emergency conversation she doesn't even like my husband smiling at me, she never allows him to help me, she totally disrespects my parents every time and insults them with abusing words , she doesnt treat my parents properly if they come home she purposly wont even give them water to drink she says no body has rights to question her, she says i shouldnt go to my parents house at all if they want to come and see me they are not allowed as it should be a rare visit as during her days her parents visited her only after 12 years, She said she did not accept to take forward one of the most beautiful girls wedding proposal as the girls brother was not ready to give them more than 7 sovereign coz of which the girl hurt herself in cutting her hand and like this they were thousands of girls who was dying to get married to my husband, she calls my sister in law all the way from her home to abuse me who never has missed any single fight , she warns me saying her daughter is a queen and she is being bought up like a flower if i tell anything to my parents my husband and my brother in laws will destroy me and my family, she says if she tells one word to her relatives will not leave me as one of lady in her will hit 10 men at a time, she says if my father in law was alive he would have pulled me to the court however even though he is not alive his soul will definitely kill me oneday, every time my mother in law will dramatically faint to just escape from any situation or to workout things she says that society will not respect me if i giveup my married life coz during her time that she has undergone much more worst difficulties by her in laws and I should be ready to carry the cross to make a successful marraige Iife , my husband encourages his mom for everything she asked in terms of money and jewels even after i lost my job he and my mom in law wants me to spend every expense from my own pocket or they would ask to get it from my parents house , he insults and abuses me even in a public place, he is too flirty he doesn't even spare a high school kid if I question him he says I must have had affair with other men just to torture me he compares me with my college lecturer, house broker, with a company hr who calls me for an interview specially with my neighbhour at my mom's house, he often threatens me that he will divorce me, he hits me and abuses me physically will always ask me to remove my mangal sutra, he uses profanity and filthy language and verbally abuses me, at times he hits me with what ever he gets in his hand, says he says he was happy before marraige and he will be always happy without me, he insults me saying I look like a mother of two child, he doesnt like me eating he keeps hurting if there are any leftovers, he always compares me with her mother and sister's appearance and dressing sense and insults me, he abuses me verbally and spits at me if i dont answer the call in 30 seconds or forget to close the door or if i dnt swicth of the light immediatley, he says I am a girl and he is a man so I should me a slave under him and should not utter a word , while picking up unwanted fight he encourages my in-laws to interfere and torture me and hits me and takes a pleasure out of it while doing that he asks me to get out of the house as it is his house, he always says his mom his important for him and he is not bothered about me, he demands me to join highest paid salary job, he doesn't even spend 5 minutes with me as a husband, he doesn't help me in any situation he is not at all bothered to spend 1 rupee even in any emergency he says he is not bothered whether I am in the house or street, and always says he will divorce me, if I try to question me He says I am more worst than a prostitute One of my brother in law comes to hit me he abused me and my parents verbally, speaks in filthy language and asks me to get out of the house as it is house, he says he will get rowdies to destroy my parents and says he will get lawyer to get my husband divorce me, he always orders me to do all the house work he keeps a track of work on daily basis, he creates unwanted scence and picks up fight, he doesnt lets me to utter a word against my mom in law he is always home and he equally takes part in every torture I undergo, All my in laws equally take part in abusing me with every fight , they just treat me like a slave ,they feed me papaya fruit looks like they don't want me to get pregnant, the whole family is troubling me as a whole in all ways possible,initially they use to lock me inside the house thinking I would tell this to my parents, recently they picked up a similar fight and threw me out on 25th of Dec as my husband and all inlaws abused me mentally and verbally they came to my parents house fought with us and created a big scence, my husband only answered my brothers only few weeks ago he lies that his mom is unwell and was admitted in mental hospital and skipped coma and his mom went to commit suicide and will go to a lawyer


9 years ago Nitish Banka

Thanks :)


9 years ago Nitish Banka

Thanks :)


9 years ago Nitish Banka

Thanks :)


9 years ago SAINATH DEVALLA

Informative article for victimised husbands by Adv Nitish




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