498a judgement

a

my lawyer tells me that the magistrate is in the mood of transfer and he will provide judgement in favor of senior advocate (he was hired by the wife to support prosecution) or ladies. Please clarify me if this is true since i cannot judge myself and i have to believe my lawyer who is knowledgeable in court proceedings.

our entire family is worried after hearing this and panic gripped us.

although, two to 3 witnesses turned hostile during cross examination stating police never examined them, is it still to go and get judgement thru this present judge or drag the case and wait uptil new judge appears after summer holidays.

please suggest your opinion.

 
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Businessman

In India, there is a law called IPC -498-A which says that a wife can get her husband and her in-laws arrested or even convicted without evidence. The sole statement and complaint of the wife shall primarily hold as evidence and police can arrest without any evidence against the accused. 

Result of it was that many women started blackmailing their husbands and in-laws and many false cases of dowry were unearthed, some of them even managed to disprove them by phone and video recordings.

MY QUESTION IS:

What is your opinion about this baseless law? 

My opinion is that it is perhaps the world's first law where a judgment or decision is given without evidence and I am strongly against this law. It is a blot and disrespect to the legal system. 

Also, my opinion for advantages which it provides to women is that firstly, they don't have to struggle or take the trouble for collecting evidences for claiming their husbands or in-laws guilty, if their story is true. Secondly, if their story is not true, then it provides them an easy platform to extort money or accept other demands made by them from their husbands or in-laws. 

In December 2013, Union Minister Farooq Abdullah said that he is afraid even to talk to girls or women and decides not keep any female employee even if she is ugly because the sole complaint of the women/girl shall land him in jail. He also said angrily that why don't the media personnel send all men to jail.

Expressing exasperation over rampant misuse of Section 498A, a bench of Justices C K Prasad and P C Ghose said if police arrested the accused, the magistrate should weigh the preliminary evidence against the Section 41 checklist before allowing further detention.

Many lawyers have also suggested that employers should not keep lady secretaries as they can misuse the laws and get any guy arrested by lodging a false complaint without giving any evidence for their accusations.

What suggestions, solutions or alternatives do you have to this issue where women are not harassed for dowry and simultaneously it is assured that they do not misuse anti-dowry laws?

In my opinion, every marriage should be registered with an undertaking in stamp paper by both sides that none of the parties have given or received dowry in any form or exchanged gifts from either side.

 
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N.A

Originally posted by : Ravi

my lawyer tells me that the magistrate is in the mood of transfer and he will provide judgement in favor of senior advocate (he was hired by the wife to support prosecution) or ladies.

Please clarify me if this is true since i cannot judge myself and i have to believe my lawyer who is knowledgeable in court proceedings.

our entire family is worried after hearing this and panic gripped us.

although, two to 3 witnesses turned hostile during cross examination stating police never examined them, is it still to go and get judgement thru this present judge or drag the case and wait uptil new judge appears after summer holidays.

please suggest your opinion.

Dear Ravi,

 

No one can comment on this without going through complete file.

Take certified copy of complete court file and take that to a senior lawyer for second opinion.

 

Some questions for you:

Is case is under 498a only or other sections are also included?

Have you filed your defense evidence?

Have your wife or police have filed any "material evidence" to prove dowry demand?

Is there any "medical evidence" to prove cruelty?

 

 
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N.A

@ Shailesh

Please start new thread for your topic.

 
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a

hello sachin,

no material evidence provided

no medical evidence provided

all witnesses including the defacto complainant gave contractdictions, did omit & created improved stories. out of them two said police never examined them. one witness was off. other witnesses said he doesnot rememember all due to passage of time. morover, she and her parents didnt corroborate well.

morover, statements told in chief are reversed in cross. for example, in chief she said i didnt get medicines, in cross, she said i used to get medicines and regular check up. there are several instances like that.

the stage is now at defence arguments. however we filed a recall petition to reopen prosecurtion and pw1 but that was dismissed last week.

we are in the midst of anxiety whether we will get favorable judgement from the present judge.

 
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N.A

Originally posted by : Ravi
hello sachin,

no material evidence provided

no medical evidence provided

all witnesses including the defacto complainant gave contractdictions, did omit & created improved stories. out of them two said police never examined them. one witness was off. other witnesses said he doesnot rememember all due to passage of time. morover, she and her parents didnt corroborate well.

morover, statements told in chief are reversed in cross. for example, in chief she said i didnt get medicines, in cross, she said i used to get medicines and regular check up. there are several instances like that.

the stage is now at defence arguments. however we filed a recall petition to reopen prosecurtion and pw1 but that was dismissed last week.

we are in the midst of anxiety whether we will get favorable judgement from the present judge.

 

In absence of material evidence of dowry demand and medical evidence of cruelty magistrate cannot convict you u/s 498a.

Use contradictory statements and improve allegations as your defense.

Don't worry !! you all will be aquitted.

 


Total likes : 1 times

 
Reply   
 
a

thank you. 

sorry i forgot to ask you.

what you mean by 'material evidence for dowry demand'?

do you mean email or sms or cheque leaf or letter or AV clip or witness evidence that tells asking dowry? i am sorry i maybe asking layman question.

 
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