498A,34 IPC,4 D.P.Act filed against husband

thanks a lot avinash for ur kind response.U are one of the same person who decides and concludes without understanding the pain of others.

I do request  the forum members to help me out and throw light on this.

Take care, if your complaint is prooved to be false, you could land yourself in trouble, he can file a case against you for wrongful prosecution and defamation. it can be both civil and criminal . it is no joke to fiel false   complaint.. It is question of time that he gets bail, non bailable does not mean that he can not get bail.

Rakhiji,

Mithilesh has given such a wholesome, well balanced, bonafide and clear picture, there is no need any further advice.

Bail is different to conviction.  Every accused has got certain rights till he is convicted.  Now, your husband is facing allegations, which may turn out as charges as investigation concludes.  Till the trial is concluded, bail is his statutory right.  The criminal law principle is  - "bail not jail".  If the offence is heinous, if he is a habitual offender, there is possibility of tampering the evidence, a threat to the life and limb of complainant / witnesses or a scope to repeat similar offence, then bail is denied.  So, do not bother if he gets bail.  It does not mean that you lost the case.  If your allegations are true, sit with your advocate and take his advice regularly and co-ordinate with the assistant public prosecutor, so that you can prove the charges successfully.

Divorce case has nothing to do with the criminal case.  If you want divorce on the ground of cruelty, the quality and quantity of evidence required to win divorce case are less cumbersome than criminal case.  In the former, you have to prove your case by leading the evidence of "preponderance of probability" (there is a probability that such thing has happened), where as in criminal case the evidence required is "beyond reasonable doubt" (the offensive act must have happened without any doubt).  So, your divorce case will be decided by the family court /civil court without bothering the consequences of criminal case.   

In this forum some members like avnish are there, who prejudge the case.  You filed the criminal case, they refused to believe you and decided it a false case.  They also warn you of filing false criminal complaints. They provoke your husband to take revenge against you.   If any person with male name says that his wife filed a false 498-A, they readily agree with him that it is a false case and instigate him to take revenge against his wife.  They simply quote only one case, where SC held that misuse of Section 498-A, but ignoring the very SC's umpteen decisions exhorting the atrocities perpetrated on women by their menfolk.  Visakha Versus State of Rajasthan, where s*xual harassment perpetrated against women  in the workplace is well described.  The trauma of rape victims to get justice is time and again highlighted by the SC.  The domestic violence, the matrimonial violence, the dowry deaths etc. are repeatedly received the attention of the SC and on several occasions, gave severe punishments and scathing remarks against the perpetrators.  But these prejudiced minds never read and quote those judgments.

But in some other post, they saw a news paper report of a family commiting suicide in Pune and in the suicide note, allegedly the daughter-in-law name was mentioned.  These members became lynching mob and declared that DIL as murderer, even though the police is not venturing to name her in FIR.  The SC again and again, more particularly in D.K. Basu's case, charted the rights of accused.  But these people, behave just like lynching mob in riots and provoke the people to take revenge without educating them that what SC held in a large number of cases about abetment of suicide and what are the ingredients to be proved to bring the case to successful conclusion.  SC on several occasions, e.g., famous Jessica Lal case, reprimanded the media trial and advised to the public at large to maintain the fine balance between "the freedom of expression" and "the rights of accused".  No, our lynching mob has no respect towards SC or its verdicts or its advises and use this forum only to fulfill their personal vendetta.

Dear Hema Ji,

Why you are poisoning the mind of rakhiji. Instead ask her to fight her case on merit. if her husband is found guilty he will definitely go to jail. Will you have the same opinion regarding your father/ brother/ husband/ son? man & woman are two sides of a coin. As u have mentioned atrocities of man on woman you forgot to mention the reverse i.e. women harassing men which is on the increase nowadays. You are forgetting that with a man his mother/ sister are also trapped in such cases. are they not women? or only wives are women?

Rakhiji I would advise you to stop worrying and instead fight your case on merit. If your husband is wrong he will definitely get punished.

But if you have filed the case on the advise of your so called wellwishers then you did the blunder of your life.

as per your questions it is understood that you want divorce from your husband and in order to achieve your object some one has tainted your brain and given advise to you to file 498 A case against your husband for physical or mental harassment for additional dowry and also danger to your life or limb in the hands of your husband and the family members of your husband. As seen from your repeated questions you wanted to file case against the whole family and there by make your husband to nod his head for your dictates to obtain divorce. any way i am giving you the suggestion as per your request.

first of all after filing of report by you the police starts investigating the case and during the course of investigation if he does not get any evidence with regard to the harassment meted out by you from your inlaws then the police will delete the names of the other family members and thereby the charge R/w 34 will disappear and the case against your husband will continue and police will file charge sheet and if your case is proved before court of law he will be convicted otherwise he will be acquitted.

with regard to your divorce petition if really your husband is interested in you to lead the marital life he will not cooperate for divorce and if he feels that he wants to stop the relation then he will simply abstain from appearing before the court and so that you can obtain divorce. When you are a job holder or remarries another person after the divorce you are not entitle to get maintenance from your ex-husband. 

@Rakhi- though you may not like to answer but just out of curiosity wanted to check if your husband got bail from sessions or not.

Do give me your husband's contact details so that I can lend him my support. My heart goes out to the poor fellow for being saddled with such a nasty vindictive wife. I do hope you also land up in jail for one reason or another one of these days. Only the forum rules prevent me from speaking out my mind against you.

Ware Wah, women bashing spilled over from ktichen, bedroom, matrimonial home to public forum.  Keep the spirit.

Hi Rakhi, I think Mithilesh put the fact of real world.

You are very fortunate enough to get easier many previledge initially of 498a.

I am not legal advisor but as a business man so mainly think about to save time at any cost.

You have long way to drive your life. You got big hard stone on your way.

You have two Choice;

Either you struggle to rock that in to pieces or

Walk around and keep going your way.

In 99% 498a case, courts takes time of at least average 7 year and most of the people settle out of court with money.  You both will not be exception there.

Meantime, you will loose your time, your beauty, money, social respect as 498a label will be stamp on your head and hope not but you may loose your time to get baby. In other end, your husband gets better previledges after 7 years then you except loosing of time and money.

In society, everyone will give you sympathy only and enjoy your play for their entertainment, lawyers and judges will improve their economy and after 7 years they will buy gift of decent car for their children by your money. and at that time you both will struggle to find your partner.

You may have many friends but no one will agree to keep you all life. May enjoy some dates and keep walking their way. All your relatives are getting entertainment only, nobody will stay closure with you or help at all after few months of court trials. If you can read faces, just keep eye to eye contact when people will discuss about this matter with you. You will find only cunning smile or sympathy, nothing else from them.

97% people here and around you believe that you are fighting with 498a so you are no more ABLA NARI including me.

In brief, choice is yours. walk around the stone or rock the stone. You will be the winner at both sides just to decide what  you want.

Hello, Whether u win or he wins, Divorce is sure. But he will get bail that is for sure. Consttitution has given the right to get bail to defend case. U cannot say he is criminal until he is proven guilty ad maximum improsenment is 3 yrs. If proven guilty also he will be prisoned for 6 months, 8 months or even 1/2/3 yrs. But this is for sure if u do not have eveidence u may loose as matrimonial issue is within 4 walls which is difficult to prove

@ Hema with due respect to your sagacity I would like to point out that in this case, it is the poor husband of this RAkhee woman who is getting bashed.  Are we allowed to know whether he is still in jail and if so whether he has well adapted to community life, shared beedis and the company of criminals.

Vishwa

Dehradun
 

Hema is provoking becasue the gun is not on her shoulder. If she has such issue and think for a minute, what if the case continue till 7 years same as others? Where she stand after 7 years???

I don't understand why indian women are unfaithful to their husbands. regardless how bad husband is. no body is perfect. we should live and forget the mistakes.. if you don't want to live. no need to accuse the husband and put him in jail. we are not in jungle. God has distingueshed us from animals by having brain to think..

even female animal has merciful heart. if you treat dog well once..he will never forget this his lifetime. wot about us human being. I'm disappointed by this.

DEAR RAKHI DO U KNOW THAT 96% 498A/34 CASES ARE FOUND TO BE FALSE IN THE COURT JUDGEMENT?IF U ARE WILING TO HAREES UR HUBBY AND IN LAWS THAN MOVE BACKWARD AND LET HIM LIVE A FREE LIFE.498A IPC IS A NIGHTMARE FOR INNOCENT HUSBANDS. BYE REPLY