Desertion by wife


 

I got married in March 2008 in West Bengal (WB). I am from Kolkata and my wife is from some town in West Bengal (WB). My place of work (I am a Govt. servant) is Mumbai. Hence after marriage we have been staying in Mumbai. Please note that my parents do not stay with us, they stay in Kolkata. Also we do not have any child. From March 2010, our relationship started to sour as she wished to pursue PhD while I wanted to start a family since 2 years had passed since our marriage. Also we used to quarrel over many small issues. Please note that I was 31 yrs. and she was 24 yrs. old at the time of marriage, i.e. in March 2008. In July 2010, her father came to our house from WB and took her back with him on grounds of caring her ailing mother. She promised to return within 15 to 30 days, but when she didn't return then I contacted her over phone. Surprisingly, she started accusing me of mentally torturing her and said that she would return when she finds it appropriate. After few days, I went to her house in WB to bring her back. THere she, her parents and her younger brother misbehaved with me, insulted me and alleged me of behaving rudely with her. When I said that all of this was wrong, false, they stopped speaking to me. THe next day she said that she wants a divorce (the reasons again are false allegations). I returned to Mumbai alone and have been staying here alone since then. After that whenever I have tried to contact her/her parents, they initially used to switch off the phone. Later on, early 2011, they said that they want a divorce and gave their lawyer's mob. no. to speak to him. When we contacted their lawyer, he is asking us to pay 2 lakh rupees before filing of the divorce. We have made it clear that since she has left her marital home without any valied reason, we will never pay her any money. Then their lawyer threatened us with filing a suit for maintainence. But he has not done it so far. He has even said indirectly that they may file a 498 A case. We have agreed to a divorce and have asked them to submit us a draft copy of their terms and conditions, but they are not doing that. Instead they want me to go to her hometown in WB and fight the case. Now the fact is that they have lied so much, we don't beleive any of their words and hence we want the divorce to be filed either in Kolkata or in Mumbai to which they are not agreeing. Now, can I file for a divorce citing DESERTION by her ? For that what proof I need to show the court that she has deserted me? Also how much time I have to wait for that? I have send her a letter by registered post enquiring about her and asking her to come back. Would it be sufficient ? I am staying alone in Mumbai and life is depressing for me. Please suggest me.

 
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practicing advocate

You can file the divorce petition in Mumbai, it has got jurisdiction because both you were resided last gother in Mumbai. 

Desertion.  YOu have to prove that she is residing at Kolkatta.

 
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Lawyer in Hyderabad.wats app no.9989324294

Please send a legal notice. Wait  for the reply for sufficient time.

 
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it is better to send legal notice without delay

 
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ADVOCATE

You can file the divorce petition in Mumbai, it has got jurisdiction because both you were resided last togother in Mumbai. Desertion. You have to prove that she had left the Matrimonial home without reasonable cause without your consent for two years. you must prove that she desert u for continuously 2 years.

Thanks Adv Kasrija 

 
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Thank you very much for your suggestion. Kindly explain to me what is a legal notice. If I send her a legal notice, can she claim maintainence ? What I understand is that since she has withdrawn herself from me without any reasonable cause, she cannot claim maintainence. But if initiate any proactive legal process / step, can she claim maintainence? Also, please note that our marriage was registered im Mumbai.

 
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Service

Dear Mr. Sen

 

Steps you must take immediately

Helpline Numbers: Delhi: 9810611534, 9312800559, 9911119113, 9818597141, 91-11-51823055

Jaipur: 09352562456 Bangalore: 080-56969850, 98457 15737

All India Helpline Number: 9243473934 (24 hours)

We have joined hands to fight similar type of problems related to false cases in Save Indian Family

yahoo Groups. We suggest you to do following:-

Do not take the matter lightly. This is quite common practice by some greedy and business

minded women in India. Think quick & smart. Whatever happens just stay cool, don’t express

your anger to anyone (Officers, public, neighbors, In-Laws etc.). Stay Polite in EVERY situation.

Contact a lawyer you can trust, ask the members of Save Indian Family Yahoo Group for the

reference of trustable and able lawyer in your area. You have to work harder than your lawyer

and above all keep calm, keep collecting evidence, maintain your professional job etc.

1. Fill the new 498a victim questionnaire at:

http://groups.yahoo.com/group/saveindianfamily/files/498a%20Victim%20Questionnaire.doc

2. Make a detailed statement (with every detail you can think of, do not worry if the document

becomes lengthy one) about your innocence and handover to police commissioner in writing

(copies to SHO your local police station, ACP your local police station, DSP your local police station

and a copy to ACP of her local police station. State in the document that you are under threat of

"Falsely Implicating you, your parents and relatives in Dowry related and other criminal cases". If

possible mention Blackmailing etc. This is sort of Advance Declaration from your side about your

situation and your problems. This will be your weapon to defend their allegation.

If you have any evidence, file a complaint in police station and get a stamped copy, if not possible

send through registered post. Then move to court and try to register the same under criminal

procedure 156(3), for necessary investigation.

If the complaint made in police, CAW cell , try to get the copy and apply for Anticipatory bail , court

notice for protection whatever applicable as per your state , at any cost you or your family member

should not surrender to police , once you are able to get the bail , they will be under pressure .

Collect all the related judgments, from Supreme Court and high court, to get the bail easily.

Always ask the bail for family members first (except husband) . Once the same achieved , then

apply for the bail for husband in lower court , lower court will may reject it , move to session

court ( may reject it ) , move to high court ( may reject it ) , then move to supreme court , we are

here to help you out.

Normally at High court it self the bail or arrest stop judgment gives, as they know Supreme Court

Judges are not fool. In case of TADA/POTA also people get bail, this is a family dispute only.

3. Collect evidences of Your innocene. Because you have to prove that you are innocent. SHE

DOESNT NEED TO PROVE ANYTHING. This you can send to president of India, Prime minister of India,

Human right organization, News paper Editors etc.

4. Be cautious while talking over phone etc. They might be recording it.

5. Record their conversation if they speak to you about all this. Keep the backups of the evidence.

6. Gain knowledge about laws and your rights. It is very necessary for you to make an effective Action Plan. Join our group and browse for the uploaded files in our website and search in Google for 'Misuse of 498A'. Gain knowledge and confidence. Because only you know about your relationship status and having knowledge about LAWS and FACTS definitely will help you to make an effective plan.

7 Don’t by shy in public. Don’t try to hide this matter anymore. This happens in each and every 3rd house in India. Let neighbors, friend circle and others know the facts from you before she spreads any FALSE story.

8. If possible keep track of their current activities if you have some 'Reliable Source of information' from the other side.

9. Check for the evidence in your premises which could be used to prove that she is NOT willing to continue with you and SHE JUST WANTS TO WALK OUT FROM THE BOND OF MARRIAGE for no apparent reason.

9. If you want to reduce the problem for your family members, disown your self from your father legally and book a working hostel /accommodation , to show that you stay separately , no relation with your other family members .

10. Join SaveIndianFamily yahoo group and post your questions. Send a message to saveindianfamily-subscribe@yahoogroups.com

Don’t feel Sad/Bad/Pity. We have to face this situation BOLDLY. No other alternate. stay happy at any cost, we all are with you!!!!!


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Service

Frequently Asked Questions (Visit 498a Forum also)

(We do not take any responsibility of the answers, the are only opinions, please consult your lawyer !!)


Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?

A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.

Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.

Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.

Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609

Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.
Show up a smiling face to them. Your happy face will provide them the strength.

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do?
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor.
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction.

Q. We went to the police, but they didn't write down what I stated verbally. What is the solution?
A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.

Q. I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint?
A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%).

Q. When station in-charge of police station does not register the case, what can I do?
A. You have the below options.
1) Try to get the reason for not registering the complaint in written.
2) Approach SP of district.
3) Approach media.
4) Approach local heavyweights, NGOs, human rights activists, etc.
5) If any of the above does not work or you do not want to take these approaches, then the last and final solution will be to approach the court. Please read the judgment below which clearly states what you can do if police does not register your FIR.

THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA

W.A. No. 401 of 2005

6 . In our opinion, if it is alleged that a crime has been committed and some one goes to file an F.I.R ., and either the F.I.R. is not lodged at the police station, or, having been lodged, it is alleged that proper investigation is not being done by the police, then the remedy of the complainant is to make an application under section 156(3) Cr.P.C. before the Magistrate mentioning all these facts, and it is open to the Magistrate to direct the police to lodge the FIR and/or to do a proper investigation of the alleged crime.

Q. Is there anyway 498a can be averted at police station?
A. Yes. By effective bribing, 498a can be averted in police station permanently. But, if she has contacts, then it may not be possible.

Q. I want to discuss my case with someone. What are the helpline numbers?
A. Below are the helpline numbers of volunteers. At these numbers, you can get help and counseling for pre-498a and post-498a cases.

Contact us at : help@498a.org

All India Helpline Number: 91-09243473794 (24 Hours)

Volunteer Helpline Numbers (limited contact hours)

---------------------------------------------------------------


Delhi: 9810243506, 9911119113, 9810611534, 9891369616 (Rajeev)
Kanpur (and U.P.)
: 09335014984 (Aanand), 09935239764 (Lt.Col.(Retd.) C.S.Khandelwal)
Calcutta: 033-25347398 , 033-25217318, 9231835462, 9830151555,9830927619

Bangalore: 80-65334135
Mumbai: 9869323538, 9224335577
Ahmedabad
: 9898989884
Gujrat: 09825365816

Hyderabad: 09848280354, 9989146466
Jaipur: 9352736000, 09352562456

Nasik: 9371988132
Indore: 09993569620

United States (USA):
650-430-9544,
612-812-4340 (call between 10 PM EST -12 PM EST)
972-834-2475 (call between 10 PM EST -12 PM EST, anytime on weekend)
Middle East (Kuwait)
: +00965-3869295
Japan
: +8190 9929 5287

Besides, you can also join saveindianfamily yahoogroup by sending an email to:
saveindianfamily-subscribe@yahoogroups.com

Q. What is considered as streedhan? Does it include the items that I or my parents gifted to her during or after the wedding ceremony?
A. Whatever is given to the wife (as gift) at the time of marriage and even after the marriage by either side is a part of streedhan. It also includes the articles which she has purchased (from her earnings) after the marriage.
However, the articles gifted to the husband from either side are not a part of streedhan. For example, clothes, rings, watches, etc. gifted to husband at the time of marriage are not a part of streedhan and she cannot claim that. Also, the money she spent to run household cannot be claimed by her.

Q. You demanded money to meet some emergency. Will it be called dowry?
A. No. A demand for money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry.

Q. Does the expenditure by the women side on marriage/engagement functions can be claimed by them before or during divorce?
A. No.

Q. My wife lies that some or all of the items that are a part of streedhan are still with me. What should I do?
A. Collect evidence to prove that she is lying and that the items are with her.

Q. My wife has filed a complaint against me in Women Cell stating that some or all of the items that are part of streedhan are still with me. What should I do?
A. In the Women Cell, you ask for the evidence, such as bills, photographs, etc, that proves that the items stated by her were indeed a part of streedhan. Return to your wife only those items for which she could provide evidence. Don't forget to get a signed document from her stating that the items have been returned to her. Keep all the bills, etc with yourself. If she submits any false bills, you can file a case under section IPC 420 against her.

Q. Is it mandatory to make any commitments in Women Cell?
A. No. Instead you should avoid saying you will live or will NOT live with her. If the women's cell tries to corner you, simply say that first your wife should stop threatening you and then you'll decide. You can also request women's cell to tell your wife that if she has any problems with the matrimony she is free to go to the family court and seek necessary CIVIL remedies. She should not convert that into a false CRIMINAL case.

Q. I know that my wife is going to file 498a against me and my relatives? Can I apply for anticipatory bail now?
A. You can apply for anticipatory bail only after your case goes into CAW cell.

Q. Should I obtain Anticipatory Bail or should I wait until the FIR is lodged and obtain a regular bail?
A. Well it depends. Anticipatory bail costs significantly more than a regular bail. An anticipatory bail could cost you Rs 25,000/ and upwards whereas a regular bail would cost somewhere around 3000/-. If you obtain an anticipatory bail you never have to go to jail whereas for getting a regular bail you may get jailed first and then your lawyer applies for a regular bail and if the application is accepted, you get you out of jail. So it is up to you to decide whether you go for an AB or a regular bail. Moreover for obtaining an anticipatory bail you may have to prove in front of the judge that you are expecting a FIR to be lodged against you.

Q. My wife has filed complaint against me and family. The FIR is not yet filed. It is at complaint stage. Police has called me to police station what should I do?
A. One of the common mistakes most 498a victims do is they go the police station not knowing that 498a is already filed. As soon as they walk in, they get arrested. So, better, send your lawyer to find the details. We have heard that bribing the police to get info about FIR works well. As soon as the FIR is registered, go underground and apply for Anticipatory Bail. Going underground doesn't harm your case.

Q. My wife complaint against me under 498a? What should I do?
A. First, get bail application in court. If the police couldn't arrest you, do not surrender to the police. Second, keep collecting evidence. You have to create your evidence for innocence. Start to counter charge them and start making your story. Start writing letters to the President, the Prime Minister, media, human rights organizations, etc telling them of the misuse of the law.

Q. I am an NRI and my wife has filed a FIR for dowry harassment under section 498a. Now, they say they have informed CBI and Interpol. Can they get me extradited?
A. The procedures involved in extradition are too complex and many murder accused have not got extradited. So, the chance of an extradition proceedings starting for 498a accused is nill. So, rest assured that this entire thing is to harass and confuse you.

Q. I am a NRI and my wife went back to India and filed false 498a against me and my family. What should I do?
A. File a divorce petition in the place where you currently reside (provided you are eligible to file a petition based on the local laws). Get anticipatory bail or bail depending on the current situation for your parents in India. After you obtain your divorce get it legalized in India. If your false 498a case does not get quashed easily file counter cases against her for forgery and defamation etc to make your case stronger and for a possible quick settlement.

Q. Can she oppose my bail application in court?
A. Not directly. It is only the state counsel who can be heard in opposing the bail application (The citation if os M.Cr.C.No.507 of 2006, Dated 05/05/2006). Her lawyer can also make a representation on her behalf.

Q. My wife filed a false 498a case against me. Should I only defend myself or should I become offensive?
A. It is said that offense is the best defense. File a case under Cr.P.C. 227 stating that the 498a case filled by your wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, ask the judge to just dismiss the 498A case as it is a framed one.

To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom.
Below is a list of counter cases.

32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation),
200 (examination of complainant),
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant),
250 (compensation for accusation), 306,
321 (withdrawl from prosecution),
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation),
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation), RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.

Also u/s 9 of CPC (law of torts), claim damages for loss of consortium.

Q. How do I make sure that my ex-wife does not file a false 498A again in the future?
A. She could possibly file a false 498a again in the future. The only recourse is to make her understand that you are not going to take it lightly and you are going to take appropriate actions if she does it again. If you break her first false 498a into multiple cases and file counter cases against her for defamation, forgery etc that may prevent her from refilling another 498a in future.

Q. Does a man have to pay 1/3 of his salary as maintenance in case the wife claims maintenance?
A. No.

Q. My wife filed a false case that I am impotent, do you suggest any judgements which can help me out from this false case?
A. 1. AP High Court, Susarala Subramanya Shetty Vs S Padmavati, CMA 3155 of 2002.
CORAM: Hon'ble J Chalameshwar & Gopala Krishna Tamada
Alleging Impotency amounts to immense mental agony and cruelty
2. Rajasthan High Court, Nirmala Manohar Singh Vs Manohar Shivram Jagesha, First Appeal No 589 of 1985
CORAM: Hon'ble Mr. A V Savant
Alleging Impotency amounts to immense mental agony and cruelty
3. Rajasthan High Court, Smt Shanti Devi Vs Raghav Prakash, CMA 19 of 1982
CORAM: Hon'ble Mr. Guman Lal Lodha
Alleging Impotency amounts to immense mental agony and cruelty
4. Delhi High Court, Ashok Sharma Vs Santosh Sharma, FOA No 118 of 1982
Sorry, seems to have lost this judgment so can't give CORAM
Alleging Impotency amounts to immense mental agony and cruelty
5. MP High Court, Smt Chandan Agarwal Vs Mukesh Kr. Agarwal FOA 39 of 1995
Hon'ble N P Singh
Alleging Impotency and lodging 498a and defaming family for dowry amounts to immense mental agony and cruelty

Q. What is the maximum maintenance amount for a resident Indian?
A. Maximum is around Rs.3000 per month. Exceptions are very rare.

Q. What is the maximum maintenance amount for a non-resident Indian (NRI)?
A. Maximum is about Rs.10000 per month. Exceptions are very rare.

Q. Can I appeal the order of maintenance?
A. Yes. You can appeal (get it set-aside) within 3 months of the order.

Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).

Q. Can my wife claim a share in my or in my parents' property?
A. No.

Q. Can my wife claim Residence Rights in my or in my parents' property?
A. She can claim residence rights of a part of the last accommodation she lived in with you.

Q. What is one-time alimony?
A. Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.

Q. My charge-sheet has not been submitted. What should I do?
A. Normal time frame for submission of charge-sheet is 3 months. If it has taken longer,
1) Ask the Investigating Officer to issue a certificate that the 498a complaint is false.
2) Go for quash on FIR.
3) Use Right to Information (RTI).

Q. First my wife filed 498a and then she filed Domestic Violence (DV) act. What should I do?
A. Appeal to high court for the stay of DV act. As long as 498a is ongoing, DV act application is not valid, and stay till the time high court petition is disposed off.

Q. My wife has already filed false 498a against me and my family, but now she wants to compromise and settle back with me again. What should I do?
A. It is not easy to trust someone who has resorted to use 498a in order to harass you and your family. You are the best judge of her and the situation after she comes back to live with you. If you want to give your wife a second chance, do so at your own peril. One of the biggest risks of letting her come back is that she will be able to file 304B and put you in jail. Most of 304B cases happen because of this reason.

Q. I am an NRI. My wife filed false 498a/406 on me in India some time back. Now she says that she repents about all that happened and is ready to sign any agreements stating that she will not file such cases again, both in the US and in India. Can I take her back (to a foreign country) if I have such agreements?
A: Very important point to note that you cannot enter these kind of clauses that your wife going forward cannot file complaints against you under Domestic Violence in USA or in India.
Even Child Custody & Support is the controversial matter which your wife can always challenge in the court anywhere in the world even if you have already entered a clause in either Pre-Nuptial or Post-Nuptial agreements.
Only things which can work pretty much in these Pre-Nuptial & Post-Nuptial agreements are mutually agreed division of property, cash and other assets like car etc in the event of separation or divorce.
If you enter the clauses related to domestic violence or assault as such in to pre/post natal agreements, and something happen like that no court will agree on this and you will be charged for a Domestic Violence if your wife complaints to police and you will be jailed immediately for up to a year in USA (no idea on other countries). Once these charges will be proved wrong later on then you can sue your wife for your losses occurred during this period. But if your wife is not working then you can't do much to re-cover your losses.

Q. I have got an ex parte decree. What should I do?

A. Send by registered post a copy of the decree to her last known place of residence with an acknowledgment due. Publish the decree in a newspaper which has a edition in her city. Your job is over. Carry on with life. You can remarry one month after this publication.

Q. Are the counseling centers at police stations sincere?
A. Generally No. They and police have a nexus. The counseling centers are normally run by NGOs. If the guy is a techie or an NRI, then the police ensure that 498a gets filed. If he and his wife somehow avert it, then they are directed to the counseling centre. These centers stage manage towards a 498a. Unofficial sources say half of the bribes police gets go to the NGOs via back channel.

Q. Should I compromise for false 498a? Should I go for out of court settlement by paying money?
A. First of all, do not do compromise by paying money, if you have to compromise, do it without paying any single paisa. If you pay money, you are indirectly either accepting the blackmailing or agreeing the guilt. In the society, you are encouraging unscrupulous women to do more blackmailing. Moreover, when you will remarry after the divorce, your second wife will know that you are prone to blackmail. You will again be vulnerable to a second blackmail.
Despite of all this, if you decide to pay and compromise then DO NOT PAY all the money till high court or above courts have given the final order of compounding the IPC 498a and all offence including the divorce decree. You should get this in writing (in the same agreement) by her and her family members (get it notarized). Also get them to file court statement under IPC-156 that they will not challenge this order in higher courts and that they will take back all the cases filed against you and all your relatives in all the courts.

Q. Can the IPC-498a be compounded by lower courts (if wife gives the statement that she does not want to pursue the case?
A. No. Please remember that IPC 498a can be compounded only by High Courts (498a is compoundable in Andhra Pradesh) or the Supreme Court. Lower courts do not have this authority.

Q. My passport has been impounded. How can I get it back?
A. Use section 451 and 457 of IPC to get them back.

Q. I am not allowed to leave the jurisdiction of the court. What should I do?
A. Use section 437 of IPC to get the condition relaxed.
Your lawyer should file IPC 205 petition to allow you to travel.

Q. What is the role of lawyers in 498a cases?
A. Lawyers generally encourage women to file 498a. Lawyers from both sides join hands and guide the case in such a manner that the case gets prolonged and the guy agrees for a hefty settlement. Lawyers get some 20% of the big settlement amount.

Q. I feel my lawyer is squeezing me out. Could you suggest me how much should a lawyer charge for Anticipatory bail and regular bail? Could someone tell what would be the minimum and the uppermost limit for Bail Charges?
A. There is no approved schedule of rates. Rates vary on a case-by-case, person-to-person basis. However, you must tell the lawyer clearly about your budget. Lawyer fee and bail amount depends on the factors mentioned below.
a) Where the Bail application is being filed. Ex. Session/high Court.
b) How senior and what is the reputation of the Lawyer.
c) How many accused are involved?
d) How difficult is the case?
The charges vary from Rs 2,000/ to 50,000/

Q. What is the stand of judiciary on 498a misuse?
A. Judiciary knows very well about 498a misuse. Supreme Court called it legal terrorism. But all are a kind of helpless due to pressures from feminist groups. There is a bill on Rajya Sabha for amendment to 498a. Justice Malimath, former chief justice of Karnataka and Kerala high courts headed a committee which gave its report on comprehensive amendments on Criminal Laws. This committee recommended that 498a be made bailable and compoundable. Feminist groups and their contacts inside Amnesty International cried foul and threatened for agitation on this issue.

Q. How long does a 498a case run?
A. It generally runs for 4 to 5 years.

Q. What is the conviction rate in 498a?
A. It is only 2% or even less.

Q. Does 498a help the real dowry harassment victims?
A. Generally no. It helps sometimes when the girl is dead. The police often send the women back to her husband giving him and his family a warning.

Q. How can I contribute to the fight against 498a?
A. You can write blogs and sign a Public Interest Lititigation (PIL) on the internet

Q. What is the relation between 498a and feminism?
A. Indian feminism gets almost 100% inspired from western feminism. In the background, feminism and left-wing thinking is interconnected. Indian Feminists demand that 498a be kept as non-bailable and non-compoundable even though many women and old people spend time in jail, as they get falsely accused. They say, women must be protected from dowry deaths, no matter whether men are protected from misuse of 498a or not. This means, they do not care about men, his parents, sisters, brothers, and other relatives.

Q. What is the difference between quashing, withdrawing and compromising 498A case against you?
A. Following are the terms used by lawyers and judges and police.

Setting aside- When a party gets aggrieved by any order of a lower court, a revision petition is filed to set aside that order.

Quashing- When a party is aggrieved by a judgment, an appeal is filed to quash the judgment.

Expunction -When a party is aggrieved by certain observations/findings and not necessarily the order/judgment, then the higher court is petitioned to expunge the portions objected.

Withdrawing-When a complainant no more wants to pursue a case, s/he prays the trial court for withdrawal of the case. If the court is satisfied, then it orders as "dismissed as withdrawn". Since 498a is a cognizable criminal case, she cannot withdraw without your consent.
Compromise-Settle the matter outside the court and inform it to close the case.

Reconciliation -Forgive and forget. The difference is that in compromise there may be terms and conditions of settlement but in reconciliation no there are no terms and conditions.

Q. What is the difference between a petition getting dismissed and disposed?
A.
Dismissed: Means the relief asked by you is Rejected.

Disposed: The court gives some direction either to you or respondents to do or not to do something. Your main relief may or may not be granted. But some direction is given through these orders.

Q. Can a woman ask for interim maintenance during 498A case?
A. A wife can ask Interim Maintanence or Alimony at any time after she parted you. There is no time bar to specify that she should ask with in so and so days. If she prefers, she can ask at any time and even years will not bar her.

 



________________________________________________________________________

Glossary

AB: Anticipatory Bail
CAW cell: Cell for Crime Against Women
CI: Circle Inspector
CPC.: Civil Procedure Code
CrPC: Criminal Procedure Code
CS: Charge-sheet
DIL: Daughter-in-law
FIL: Father-in-law
HMA: Hindu Marriage Act, 1955
HSA: Hindu Succession Act
Hubby: Husband
IO: Investigating Officer
MIL: Mother-in-law
NCW: National Commission for Women
RCR: Restitution of Conjugal Rights (Section 9 of HMA)
RTI: Right to Information
SIL: Sister-in-law
Cognizable: a police officer may, in accordance with the First Schedule or under and other law for the time being in force, arrest without warrant.

 

Why supreme court calls 498a as "Legal Terrorism"?

25 reasons “Why IPC 498A is Anti-Social?”

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights.

3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children.

4 Accused is presumed guilty until proven innocent. No where in the world it is so.

5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'?

6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple.

7 After a man is accused of 498A, he will not take his wife back later.

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives.

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands.

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family.

12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case.

13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused.

14 Old parents after 498a case become very apprehensive and advice their son not to marry again.

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health.

16 Most often the lawyers tend to take the family for a ride to extract as much money as possible.

17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint.

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded.

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman.

20 Some women marries an NRI and slaps a 498A case only to extort large sum of money

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation.

22 The case can easily linger in the court for years and only the groom’s family has to pay the price.

23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance.

24 There is no prohibition clause in the 498A law that would stop women to misuse it.

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

Note :The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas. Unwillingness of the women’s organization to alter the law so that misuse of law can be stopped is evident. On the contrary, women organizations are planning to strengthen and increase the severity of the 498a law to curb dowry death, which is absolutely preposterous. One must not forget that the chunk of the GDP comes from the urban cities where these laws are prevalently misused. If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy. If the law can’t curb dowry deaths, can’t even stop misuse, then what is the use of such a law that causes millions of people to suffer ?

 

 

 
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respected  members,

 

Pls advise as my wife filed false 498a against me and my family.she filed complaint in gurgaon on 4nov2011 and i was called thrice in w cell.then later i came to know that complaint had been transfered to ghaziabad up where my in-laws are staying.Till date no FIR is filed.No copy of complaint had been given to me.What should i do.


Q.How long a police complaint is good if an FIR is not filed?

Regards,

T

 
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