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fight for justice (xxxx)     19 January 2013

498a

My case is I had filed a 498a case against my husband and had submitted all supportive docs including mails where my husband agreed that he had inflicted physical and mental torture as well as telephonic recordings and smses supporting my allegations and also witnesses but its almost 20 days yet police is inactive and whenever I enquire the IO reverts back that the investigation is on and they are seeking permission from higher authority and my husband is not aware that a 498a is lodged. But quite astonishingly from the day I had lodged the complaint my husband is visiting my relatives place and spreading abusive allegations against me .He is also sending filthy sms and I had to lodge a gde in addition to the FIR yet no result.Now I had been advised to add 406 ipc but i am not willing to take help of any false allegation. Is that my fault ? My husband used to boost about political influence in order to scare me.Now my query is do we have to lodge false allegations like 406 for a proper action .Why is it that genuine 498a cases are so callously handled ? Kindly help and let me know where to escalate.Can the IO quash my case citing weak case?



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 20 Replies


(Guest)

498a is a section for dowry harassment...whatever u have mentioned in your writeup indicates nothing related to dowry. However it attracts domestic violence. Anyways you have started on a good note like any other dumb woman in this country by filing 498a, now go ahead and file rest of the false cases like 406 etc..

Instead if you have backbone and self respect, you should have filed divorce.

goodluck.

1 Like

cm jain sir (ccc)     20 January 2013

You have properly trapped your innocent husband by emails n sms and now you are ready to blackmail his. you can file rape charges, s*xual harassment and eveteasing also. You can organise some candle march also against the so called injustice. Go ahead with the help of lawyers. pls note the intelligent lady, At last you will be begging from your husband only for all your bad karmas.

Tajobsindia (Senior Partner )     20 January 2013

First, you should have patience. Reason being few binding Circulars are there issued by various States on arrest procedure or FIR filing procedure or enquiry procedure post Amendment in CrPC and on strong objections by we the Men’s Rights Activists lobbying and widespread misuse of S. 498a IPC which even Hon'ble Apex Court and Law Commission of India acknowledges un unison.

Second, the police are carrying on due process of its investigation which includes calling your husband for enquiry to police station. Calling both of you for mediation / re-conciliation before converting filed complaint into FIR. Doing a enquiry on S. 406 IPC and asking for its just return if any as such Section under IPC more or less becomes part and parcel at the end of the day either at Police Station and or at Court whenever S. 498a IPC is filed. There are procedures for IO to follow strictly including issuing Notice to accused person to join investigations, seeking permission from Prosecution Branch, recommending complaint for FIR conversion from Prosecution Branch, maintaining case diary, charge sheet etc. etc. which you know by now.

Third, if you are not aggrieved by S. 406 IPC issues then no Authorities should force you to add such Section and should be avoided unnecessarily as rightly observed / said it is difficult to prove at later stage and thus more often associated matrimonial law related Criminal charges also gets under cloud of ‘doubt’ and are later dropped meaning acquittal to accused persons.

Forth, provocative SMS, filthy language SMS even between husband and wife if one objects should not be still exchanged and rightly acted you have taken action by filing supplementary protest application. Emails / SMS are one of the forms of submitting evidences under S. 498a IPC and solely based on it seeking FIR as per your facts that also for S. 498a IPC is a tricky matter thus such delays may be happening. However you know your facts well.  

Lastly, you have option to approach directly to a
JFMC Magistrate Court in jurisdiction of allegation and lodge a direct Complaint of cruelties under stated Section of IPC even if police is still sitting on your earlier complaint. For this process you need assistance of an Advocate who can draft legal language mentioning your factual allegations para-wise and do the filing before the said Court and then State represent your case as S. 498a IPC ingredients are crime against State.

Understand judicial process flow as some are mentioned above, have patience and faith in Judiciary if facts were right and mind it S. 498a IPC has seen highest acquittal till date as proving its ingredients is tough and many a families of either gender have seen its direct misuse than actual use. 

1 Like

serious sam (nothing)     20 January 2013

Good Luck!!

fight for justice (xxxx)     20 January 2013

Thanx Tajobs india for your advises.....but its almost 20 days since I had lodged the complain and from the day I had lodged the complain my husband is using various means to harrass me and I wonder how each day I visit the police station a new warning comes from my husband.....infact I was compelled to lodge a gde after the FIR but IO states that my husband is not aware that a 498a case had been lodged and they have not contacted him.....moreover as per what you have stated by this time I belv he should be aware about it.....is it a cunning procedure to quash the case ??

for the rest who commented on the thread no thanks.....as per my knowledge its a legal forrum and no place for personal vindictions.....I agree 498a can be thoroughly misused and even I after lodging my FIR came across many personals who suggested to infuse lies but I am thoroughly against it.....but without fire there cannot be smoke.....I had highlighted sms,mails because I had recvd it from my husband.....if I had to blackmail I would have not forwarded it for FIR because all roads for such intentions end there......and divorce in our society is not an easy affair especially for girls and one small reminder a girl who truly went through dowry or mental harrassments worthy of a 498 a case will never ever think of a remarriage or any affairs because she is thoroughly emotionally scorched and had witnessed humiliation of her family to such extent......now the debate can be ongoing but I am not in such a mindframe to indulge into it.....I will prefer legal advices for my future requisites so had highlighted my case in a legal forrum.....

Msk-need -nuetral- laws (self)     21 January 2013

Hi Arpita,

Still, you only made your situation bad by taking 498a first instead of DV. What you achieve in 498a i nothing at end, on one hand  you file for 498a and on teh other hand you dont want to divorce him. You will not understand now few things, post to us after two years. All the best.

Solving one problem through another problem always creates third problem which is summation of two. this is what you did.

fight for justice (xxxx)     30 January 2013

Correct me if I am wrong but does 498a must attract a divorce filing as mandatory I guess no.....this seems to be a common inhibition that 498a should be followed by a divorce but the law never ever states that....what happens when a crime is being committed by a family member say suppose brother or uncle does the blood relation ceases....or is it that they have to disown first in order to lodge a legal complain....law is to reprimand someone from committing further crime or atleast punish to create an examplary.....so lets not impose or create certain situations that can be avoided....

 

Never Give Up (Fighter)     31 January 2013

@Arpita,

 

Let me clear you on one thing, what do you think of marriage ? My understanding is marriage is bond between husband and wife where there is love,respect and strong feelings. Once you file 498A and other legal cases, these bond gets damaged permanently. Even after the cases if husband and wife stays together then its more like paying guest staying together without any feelings towards each other which in normal terms be called as "Dead Marriage".

 

Also if you read Husbands (suffering from 498a,dv)  mindset its loud and clear that relationship has been damaged beyond repair and ultimately ends in divorce.

 

Its always advisable to see if amicable separation can be done so both lives can start a fresh otherwise court and lawyers are there to help both.

 

No one (not even law) can compel non-willing husband to co-habit with wife. PERIOD.

 

 

 

fight for justice (xxxx)     31 January 2013

Thanx for the answer....I was patiently and eagerly waiting for this sort of answer where we women who are victims can state that sometimes men too misuse this law to get rid of existing wife and for a fresher venue and thats why forcefully inflict tortures so that the wife is compelled to file a 498a and then he can seek sympathy on the ground of a sorrowful victim of 498a....PERIOD.

I too agree with you that marriage is a sacred union but never ever its being implied that once married the girl looses the right to seek justice and oppose inhumanity.

And one small reminder since its a legal forrum lets just restrict to lawful and not personal opinion or views....because personal opinion may vary from person to person so kindly dont indulge and waste your valuable time....let this be a legal discussion which can be helpful to others who is seeking justice but is unaware about the number of amendments that had been initiated and hence lack the procedural knowledge thereby does suffer from negative inhibitions.....we should understand and realise the mental agony and so instead of jibes be human enough to help or refrain from such personal comments

Harsh (Manager)     31 January 2013

legally

It is extremely difficult to prove allegations under 498a, so even real culprits get away. one of the

many reasons why false 498a victims feel victimized by stupidly enforced laws.

first be clear about what your main intention/goal is - to punish your husband or get him back?

if it is first , then you already took your first step. if you persist, you will eventually be able to get 498a registered.

if it is second, then you lost the game.

Never Give Up (Fighter)     31 January 2013

OK. Understood you want to tackle the issue legally.

 

Police does not file FIR immediately, In most of the states there are circulars to police to handle 498A cases where in they try for mediation first (3-4 dates at around 15 days difference to think upon)  and then they go for FIR if no amicable settlement arrived unless you put some unusual weight (read gandhiji's notes) on your complaint to make it real quick. 

 

Generally 498A mediation procedure takes 1-2 months minimum.

 

May god / SIFF / MRA bless your husband.

abdul (MD)     31 January 2013

hi Arpita

So name changed from arpita to fight for justice so does your innocent husband know now about your fasle 498a  or not?poor guy must be shocked to see his wife gift him her leagal armoury.

Harsh (Manager)     31 January 2013

All,

I am not clear about  PS mediation/counselling.
Does the circular mention that after a few  counseling sessions (read WARNING TO HUSBAND), the IO

can register a FALSE 498a?

Are there no circulars that complaints be scrutinized before registering? If a husband can really  not live with the wife

then he gets 1 or 2 warnings then arrest?

fight for justice (xxxx)     31 January 2013

it seems you guys need some counselling yourself for making such immatured and not so intelligent comments....i am really feeling sorry for such stupendous and hilarious comments.....how cud you be so sure that my husband is innocent....do you all know him if not then please dont assume....assumption can lead to misconceptions.....though I am passing through a very rough phase yet this comments are really making me laugh and feel pity for you all.... you dont know someone and what offense he had committed yet you guys are almost ready to jump in fire to defend him....is this the illogical modes adopted and namely stated as men's right to fight against 498a.....my god now thats too funny....all the best guys.....keep it up....my best wishes....and one small information police had already lodged a FIR after 5 days of my complain and trust me every paragraph of my complaint letter was supported by an evidence which I guess is unusual and no I had not given any false medical certificate but my husbands own mail where he had accepted that he had mentally and physically tortured me but again the excuse he had highlighted was that maybe he needs some professional help.....and that my lawyer said is a way to evade condemnation some of you being lawyers can best define that.....

And one small reminder right at the moment all I am fighting and looking for is justice......


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