Any legal way to prevent false 498a?

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

@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

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.

@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!

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).

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

no written confession can safeguard the husband.

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

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

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.

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.

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 !

@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

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.

@chandrasekar - thanks for your clarification.

If such an agreement is valid or considered before the court of Law, i think genuine husbands who are under constant threat from wife, yet could not leave her due to child/ children, can use such an agreement with the help of relatives from both the side to safeguard them and their parents.

Is there any cases to support this sort of agreement?

thanks

nandha