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Subu (Self Motivated)     17 May 2013

Absurd conditions : live with 498a wife or ab rejected



Dear Lawyers , seniors and experts


Good day to you


It is becomming a routine in lower courts to force the hapless husband to accept the un repentant and unruly 498a wife back into the marital household BEFORE any bail


many men are forced to fall between the devil and deep sea when faced with the choice of "..either arrest .." or "..living a life ignobly with a wife who filed false cases against self and family..."


How can such stupid preconditions - like "...take this wife back now ...and drive your parents away..." be opposed ? and how can men get their just anticipatory bail ?


I know of a few cases laws that have dealt with this issue, I have blogged a few, ...and..could I request the experts and senior and advocates here to post case laws that break this mould and are for the benefit of Indian citizens in your own inimitable legal style



eager to hear from you & thanks in adv.


& regards






 10 Replies

ashoksrivastava (scientist)     17 May 2013

It may be blessing in disguise.Jail for a few days will eventually mean freedom for lifetime.(wife will never return after that). There are so many freedom fighters here who have been to jail .You can always turn disdvantages into advantages. Else let the sessions court reject bail and remain underground for 3 more months. HCs are much more liberal in granting AB

regards ASHOK

1 Like

Tajobsindia (Senior Partner )     18 May 2013


You have only two options;

First Option – Surrender as and when required but donot flip flop from your firm stand of not accepting her in a shared home.

Second option  – Keep pleading before lower Court Bench to decide AB on its merit and not on (absured) conditions as Law of the land requires just to see th merits not whims and fancies of ld. Judge. Once dismissed, approach HC. HC dismisses it then approach SC and it is matter of 2 weeks fast running from trial Court all the way to Hon'ble SC that is all.

However if in your collection you donot have below extreme illustrative case of D HC then do search it and flush it down drawing few hints from it during next bail argument date;

Delhi HC
Bail Application No. 1711 of 2007 and Bail Application No. 1716 of 2007. Date of decision: 21.8.2007

Smt . Surjit Kaur Chopra Vs. State and Anr.

But my experience says you will not do above instead you may spend money on installing CTV cameras waiting for her to return back in 2-3 days and get royally taken for ride later on just because you welcomed a metro wife back who filed in spur of the moment S. 498a IPC fearing your FREEDOM which anyhow was lost the moment she left your matrimonial home but nevertheless previous paras are replies to context to your query.   

1 Like

priti (nothing)     18 May 2013

but wat for those wives who are really thrown out of the matrimonial house?

1 Like

Tajobsindia (Senior Partner )     18 May 2013

Originally posted by : priti
but wat for those wives who are really thrown out of the matrimonial house?

@ Author

They have following two and 1/2 set of options;

First set exercising options is via (CIVIL FAMILY COURT ROUTE);

1. Choice to press for Social mediation via elders / relatives / friends route.

2. Choice to approach Civil Court and press for mediation.

Choice to approach Civil Court for directing parties for marriage counseling.

Choice to seek RCR in Civil Court.

Choice to claim rights under S. 125 CrPC in Family Court.

Choice is to do nothing, sit tight, empower oneself, find a job and continue on with marital tag life as is wherein basis.


Second set exercising options is via (CRIMINAL FAMILY COURT ROUTE);

1. Choice to claim various rights under DV Act.

Choice to deter accused persons under S. 498a IPC.

Choice to get warrants issued against the accused persons and if the accused is absconding then get issued proclamation and attachment of property of the accused persons as provided in the CrPC.

Choice to get Passport seizure for few weeks by Police and or Court.

Choice to invoke renewal rights of expiring Passport of accused persons.

Choice to approach State's HC to issue case to CBI for search and produce absconding husband before Hon'ble Court.


If reference to context metro wives wants to project themselves to be abalas then there is middle option too which is exercised in GOD’s COURT.  

1. Choice to invoke once patnivrata vows waiting for ONE LAST TIME to hear from husband why he did throw me out.

How to invoke either and/or 2-1/2 rights in reference to your query?;

1.  Read for whole 1 week last 100 discussions in Family Law + Criminal Law + Civil Law Forums of LCI. Make notes on pros and cons of read discussions.

Then pick your option from either/both above possible sets via self soul searching and/or via appointing an Advocate found via reference.


If a married lady has financial shortage and is not able to invoke her Civil or Criminal Family Law related rights then she has choice to approach District Court Legal Aid Center and present before them brief and they are duty bound to provide assistance on State’s Fund.

 Opting civil rights route chances of return to matrimonial home are seen based upon experience handling similar cases.

 Opting criminal rights route chances of return to matrimonial home is rarely seen based upon experience handling similar cases.

4. I being professional person can only guess nearest outcome of such destitute wives fate in man-made Courts and not at all what boons God presents from his own Court.

After re-reading and then understanding straight forward above mentioned pointers now take informed decision yourself as I replied treating you as a grown up adult married person who is thrown out of her matrimonail home PERIOD.

3 Like

ashoksrivastava (scientist)     18 May 2013

Tajobs sir such an exhaustive and comprehensive reply on the subject by you is highly commendable.

Its a must read for all wives facing disturbed marital relation ship.

regards ASHOK

priti (nothing)     18 May 2013

today sum women are misusing these laws so it has becum difficult for those who actually suffered it.while discussing here sum people said i m doing it of greediness but not.all the fingers of a hand are not equal,means every women doesnt do because of greed of money.i am already done with 1st set.nothing positive happened.i m afraid that if he takes me back , he with his parents will make my life more worse than ever.now i m undergoing 2nd set of ur option.criminal court proceedings.FIR lodged, man fled abroad and family hiding sumwhere.they applied for anticipatory bail but rejected.arrest warrant issued but not any of them yet arrested as all had left the house and fled.chargesheet is not filed yet.in my case my salary and jewellary has been snatched by them and i have proofs of that.even domestic violence has taken place even in pregnancy.i m carrying a child of 7 mnths in my womb.i DVA summons had been sent but all fled away no appearance in the court yet.in 498a warrant issued but no1 caught yet.no chargesheet filed yet.do i have to give the receipts of my jewellary and bank statements then only they will file a chargesheet?can a proclamation b issued before the chargesheet filed?how to get their passports seized, i already wrote to ministry of external affairs about it.in 498a my lawyer said the warrants cannot be sent abroad to the embassy as its not a very big crime.i proved to be patnivrata for 2 years just getting exploited by them but cant hold more of it bcoz now its not only me its my child too.and finally i understood now that ITS BETTER TO LIVE WITHOUT A BETTER HALF RATHER THAN LIVING WITH A BITTER HALF.

Tajobsindia (Senior Partner )     18 May 2013

The correct provision of law to your evolving queries are;

1.    Normally the police can arrest a person in a case of this nature without warrant and no non-bailable warrant is issued still charge sheet is filed. Once charge sheet is filed and the accused is shown as absconding person, then the Magistrate can issue a non-bailable warrant. If the warrant could not be executed within the reasonable time, then at the request of the police, after ascertaining the fact that the accused is not residing in the house in which he normally resides, the Magistrate can issue a proclamation under S.  82, CrPC. As far as this case is concerned, it is pending investigation only, no charge sheet is filed and no non-bailable warrant has been issued so far. Therefore, at this stage, the Investigating officer cannot file an application before the Magistrate to pass an order to declare the accused as an absconding person, in pursuance of which, the proclamation can be made.

2.    For seizure of passport for only few weeks by Court or by Police refer to some of my old specific Posts enough insight given in them to take lead from.  

3.    Your ld. advocate is right in not able to press for warrent serviced in an overseas Jurisdiction under reciprocatory family laws.

I read your parting self - realisation statement in upper caps and leave it as is as it is nobody's case made out to be.

[Last reply]

priti (nothing)     18 May 2013

police is bribed by them.and the case is running in a different state from where m reciding so its not possible for me to go to the police everytym so police took an advantage of it and they fled away after the warrant was issued.when FIR was lodges we asked police many tyms why didnt u arrest them, they denied of arresting them saying cant arrest them as main accused had fled away.now police said to us that passport of parents are with us but never showed to us so i am afraid if again they get a bribe of lakhs and police will return the passport lying to us and they will also fly away. i asked do i need to submit my jewellary receipt and bank statements before chargesheet gets filed.

Sudhir Kumar, Advocate (Advocate)     18 May 2013

No doubt that these laws are harsh .  But the necessiry of these laws have been created both by some husbands and their relatives (especialy female).  The social evil stil p[ersists.  The Pshyche is still not changed.


Unfortunately these laws are misused against some persons who are not guilty and more unfortunate is that those women for whom these laws are made do not report atrocities. 


It is further unfortunate that justification of these laws are still there.

498aindian (other)     03 July 2014

Dear ld. Lawyers n experts,Plz enlighten me on the following issue:A1 and A2 been accused in the false 498a of dowry harassment case. There is no iota of evidence against both of them. But, then also the sdjm has taken cognizance of the case u/s 498a and dpa u/s 3.A2 got Ab from session court whereas A1 had applied Ab before HC.Due to summer vaccation in the previous month the benches were not regular hence the listing of daily cause list had gone above 1500. Meanwhile, the lower court had issued NBW against A1.Now, the scenario is that what to do in this absurd condition.How to get stay on NBW?How to win this false 498a?Due to this false trap game A1 is on the verge of loosing his job and reputation. His family been traumatized and he cant concentrate on the betterment of his career.The scene is that A1 is not ready to live with her anymore due to continuos harassment by inlaws and his wife.No conjugal life would establish between them but then also she is not ready for mcd.In this vernacular 


situation what to do to avoid arrest?Plz guide and show the right path.Thanking you in anticipation.

The magistrate too biased that he issued nbw without issuing bailable warrant at first instance. So, here it is obvious that on next coming hearing he will issue proclamation u/s 82. 

Dear experts plz guide me how to handle this situation as the case is listed in hc above 1500 and there are no chances nearest hearing. So in this case what to do, so, that proclamation doesnt happen and stay on arrest may occur?

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