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Nandha (NIL)     13 June 2012

Any legal way to prevent false 498a?

Dear Ld. Lawyers,

 

After my wife had left my home with my 1 year old child threatening to file false dowry case two months ago, some of her relatives has now approached us to discuss the issue and make us live together. This move was initiated as they realised that my wife was at fault.

 

But, I am scared to take her back because last time when she created a drama and threatened false 498a, it was proved to our common relatives that she created the scence intentionally for no reason, as everyone knew that there was no dowry involved in our marriage!

 

Now, my relatives are pressurising me to accept her as they will take care if any future threats given by my wife or her family members. But I feel, though it can give me moral support,  legally I have to face the problem myself.

 

I am confused in taking bold step of ending the marriage, because I want  my  son to be with me. At the same time scared that my wife might wait for a right moment to file false cases, as her previous attempt to trap me and my parents failed.

 

Is  there any way to accept her with some barriers to prevent her from filing false cases? My relatives advise to take a written statement from her and family members, but i know that it is not at all useful when she directly approaches the police station.

 

Is there any way  to bind her legally so that she will not file any criminal cases on me or my family members unless the dispute could not be resolved by elders of both the sides?

 

Thanks 

Nandha

 

 

 



Learning

 31 Replies

Invisible Man (.)     13 June 2012

After going through lot of thread about the same, i feel lot of member had a bad expeirence when they take their wife back who threatens 498a.

I may be wrong, it just my view. I am not a lawyer

Nandha (NIL)     14 June 2012

@invisible man - Even i have read in the forum that a taking back 498a wife means inviting more problems. But for the sake of my son, i have to take her back. 

 

But, my question is to explore any LEGAL means whereby my wife cannot approach the Police Staiton for filing false case.

 

Request Ld. lawyers, to advise me! Thanks

Raj Vikram Singh (Software Engg)     14 June 2012

This marraige is still not dead fully as Lady has not filled any case yet. Speak to her personally and in case she is admitting fault you can think to give one more chance. Although you are best judge of your case.

Get in written that No dowry was involved at the time of marriage and thereafter.


(Guest)

Nothing can give a complete protection cover against a possible 498A. The consequences of a false dowry related case being registered can me mitigated though by following a tactical approach. Record any telephonic conversation that you have with her where she says that no dowry related harassment was ever meted out to her. You have to get it out of her mouth that she was never harassed or treated with cruelty. The decision to take her back might backfire. Hence, it haas to be a conscious and well informed decision.

 

@ Raj Vikram SIngh- No wife would ever give it in writing.

Nandha (NIL)     16 June 2012

@ashish.. thanks for your comments.

I am firm in not taking her back as I knew she will be revengeful. But taking written statements from them that no dowry was given or demanded will help me if at any time she files false 498a case?? please let me know!

 

 

 

 


(Guest)

Let her file 498a and fight the case on merits.

No help for husband from 498a as policemen are blind ( the have layers of notes on their eyes).

Anjuru Chandra Sekhar (Advocate )     16 June 2012

:)Ask her to write a love letter to you.  That is the only way.

Shantanu Wavhal (Worker)     16 June 2012

no written confession can safeguard the husband.

further, obtaining such undertaking from wife may treated as cruelty.

Nandha (NIL)     16 June 2012

thanks @Rajendra, Amit

 

@chandrasekar - Are you serious? i would appreciate if you could let me know if there is any legal way. I see your comments in the forum are logical and good to follow. Will you throw some light on preventing 498a?

 

thanks

nandha

Shantanu Wavhal (Worker)     17 June 2012

Taking her back = Condoning her previous mistakes.

join SIFF.

visit 498a.org

wise counselling may change the thinking process of the irrant wife.


@ Nandha, 

Mr. Chandrashekhar has been always offering genuine help,

he is just suggesting (in a humerous way) that - there is no defense against a false 498a.

Anjuru Chandra Sekhar (Advocate )     17 June 2012

Agreement can be on these lines.

 

The husband Shri....................and wife Smt.................................... having amicably resolved the issues among themselves on this 17th Day of June 2012 thereby agree as follows:

 

1. That no party has a right to prevent the other from filing criminal case against the other in case of any offence being committed by one spouse against the other. 

 

2. That there shall be maximum restraint possible to resolve disputes amicably among ourselves, and only resort to seek civil remedies to the marital disputes rather than invoking the jurisdiction of criminal courts. 

 

3. That Shri...................................... act as arbiter to resolve our disputes henceforth arising during the course of marital life.

 

4. That as and when any marital dispute arises anyone/both of them shall not drag it to become a wild quarrel, instead refer the dispute to the arbiter as soon as possible.

 

5. That in case of filing of any criminal case by one spouse against the other, if the accused person is discharged from the case before framing of charges the complaint shall pay a sum of Rs.10 lacs to the accused, and if the accused person is acquitted from the case after framing of charges by the court the complainant shall pay a sum of Rs.5.00 lacs to the accused person as damages for filing the criminal case and subjecting the other to difficulty of facing Trial in criminal court.

 

 

Shantanu Wavhal (Worker)     17 June 2012

any party to such agreement can at a later stage, refuse to act accordingly, on the ground that, the agreement was signed under force / threat.


still ...

Something is better than Absolutely Nothing !

Nandha (NIL)     17 June 2012

@chandrasekar ji - thanks for the draft agreement.

 

I have the following clarifications:

 

When this agreement is signed in the presence of relatives from both the side and they also sign the agreement as witness, will this still have no value in the court when wife files fake dowry charges?

 

Can we add a clause that this agreement is on her own without any pressure from either side?

 

Clause No.5 of the above draft - Is this accepted by the court, when we say that no party has right to prevent filing criminal charges? 

 

 

Thanks

Nandha

Anjuru Chandra Sekhar (Advocate )     17 June 2012

When this agreement is signed in the presence of relatives from both the side and they also sign the agreement as witness, will this still have no value in the court when wife files fake dowry charges?

 

No.

 

Can we add a clause that this agreement is on her own without any pressure from either side?

 

Yes.

 

Clause No.5 of the above draft - Is this accepted by the court, when we say that no party has right to prevent filing criminal charges?

 

Yes.  Because we are not preventing anyone from filing cases. Both parties are within his/her right to file criminal cases.  But if they are proved to be false/baseless we want the party making complaint to pay for it.  We are trying to make the complainat pay for malicious prosecution, not for prosecution. If the accused is found guilty by court, there is no need for the complainant to pay damages.  So there are many situations here in which party can freely file criminal case and proceed to even punish the accused without paying damages.  Hence there is no "absolute restraint/restriction" as said in S.28 of Indian Contract Act.


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