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MrDinoMorea (O)     29 January 2014

Can police harass innocent husband in domestic violence case


or is 498a the only case in which police can harass the husband and his family?


PS: Husband and wife are separated for nearly 2 years. Husband filed for divorce first, and DV case was filed more than 1 year after separation...so at this juncture can police try to cause any trouble?


 11 Replies

498_final stage (Professional)     30 January 2014

Well there have been many amendments to 498a. In which state.City are you? 

Make sure to buy a cell phone which records each and every conversation. Have some gadgets like a pen with Camera and record every dam thing where you are harassed (if at all thats a case)

If you have documents to assure you are separated from last 2 years, you can always show it to the IO. You will get a call from women police cell now. Dont be afraid stay calm always. Defence is the best attack. Being a man in this country you dont have any right. And 498a and DV are such weapons which wives shoot on you and if you defend yourself well, the bullet goes back to them and they are beaten by their own stick.

Also start getting in touch with as many people who are facing same problems. I have ,reated a group on meetup, there are a few influential people who can really help you well.

Keep your head cool.

Fight hard.

Dr J C Vashista (Advocate)     30 January 2014

The police has no jurisdiction in a case filed under the provisions of Protection of Women from Domestic Violence Act, 2005, if so move to higher police authoities against such police personnel and/or move to the concerned court.

ram mohan reddy (Proprietor)     30 January 2014


Sudhir Kumar, Advocate (Advocate)     31 January 2014

being innosent is one thing


establishment of innosence is another.

Biswanath Roy (Advocate)     31 January 2014

42 nd  AMENDMENT OF OUR CONSTITUTION HAS GIVEN WIDE POWER TO POLICE which cannot be taken away. In the name of investigation they can arrest any body. for the purpose of investigation. After calling an innocent in the police station  they can beat him hard  without registering his appearance, in Thana records and place him before the Hospital to obtain injury report falsely declaring that street people -beaten him and returning back to Thana register his name in case records and put him in the lock up as a new case.. Once you enlarged on bail from the court Police can arrest you on some other charge and can tag you in some other cognizable case.  So my advice to you is to report the atrocities and high handedness of Police to Superintendent of Police of your District in writing and take a receipt from his office  and after that file an application under Article 226 of the Constitution of  India for appropriate relief. and redress.

498_final stage (Professional)     31 January 2014

I agree with Mr Roy. Thats why I advised you to buy some gadgets.....

T. Kalaiselvan, Advocate (Advocate)     01 February 2014

Police cannot harass you under the provisions of POWDVA, neither they can impose any provision of the said act to arrest you but as opined by Senior  learned Advocate Mr. Roy, they can trouble you by foisting many false cases against you for threatening you to or to extort wrongful gains from you, so as suggested, if you apprehend any police excess, you may approach the Suptd. of Police, with your grievance in writing for necessary protection from the local police excess against you in the name of legal action on the basis of false complaints by your wife or he side.

Sudhir Kumar, Advocate (Advocate)     01 February 2014

but read DV  act.  The offences stated therein (mostly) are are also offences under IPC as well.


SO police gets a jurisdiction.

Rohit Krishan Naagpal (Advocate)     12 March 2014

Mr Dino Morea 

In some cases service of summons/notice under domestic Violence act the Magistrate may take assistance of Police for service of summons/notice and police officer may torment/pester the innocent husband .

498A the Police has the jurisdiction and can misuse their power for harassment !

All the best

R.K. Nagpal


vijay srirang (lawyer)     19 September 2014

police has no chance to harass a husband in dvc cases except if he violates majistrates order, it is quasi criminal justice but not fully criminal case like 498 a

Sudhir Kumar, Advocate (Advocate)     19 September 2014

being innosent is one thing


establishment of innosence is another.



  read DV  act.  The offences stated therein (mostly) are are also offences under IPC as well.


SO police gets a jurisdiction.

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