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Pawan (Others)     12 August 2012

Expecting false 498a case -- need to know the process for ab

Hi,

 

I am expecting a false 498a case to be filed against me and my parents.

I married my girl friend 4 yrs ago( Secretly married ) but we both stayed in our respective houses and wanted to marry with our parents approval.

Now the girl wants to get divorced and I dont so her father who was opposing our relationship from the beginging is threatning to file 498a case against me however I want to know if they can do that as she never stayed at my home with me or my parents.

If she does that then how can I protect my parents from being arrested and all.

I heard the police in Andhra Pradesh is no more arresting people immediately if a 498a is filed as they know that most of the cases are false but I want to know if that is true as if its not then I will have to apply for AB for my parents.

Kindly advice



Learning

 10 Replies

Ramesh Potedar (Advocate)     12 August 2012

Apply for AB to pre-empt the possibility of arrest.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 August 2012

 

 

The following is a news report about A.P Police's circular on 498A related cases. This is a great safeguard for people apprehending false cases like you. 

Hyderabad, Jan. 21: The director-general of police, Mr K. Aravinda Rao, on Friday issued a circular to all police stations in the state asking them to release those accused from police station itself in cases where the imprisonment is below seven years.

The circular was issued as part of implementing criminal procedure code. Several police stations in the city had already got the circular and are going through it. This is a major decision. Till now the police has been arresting and remanding the accused to court.

The decision is likely to cause unrest among law-years as there will be less bail pleas. Till now, imprisonment up to three years was bailable at the police station. A case like rash and negligent act leading to road accidents, adultery, dowry harassment will be bailable at the police station without the accused being sent to jail.

 

This is a A.P. Circular on 498a Cases. 

 

You can try to send in some protective intimations at this stage to pre-empt a case, followed by a notice bail. 

 

Read this to know more : 

 

How to fight a false 498a case in India ? a step by step legal strategy.

In Uncategorized on July 7, 2012 at 5:39 am

How to fight a false 498A ? A common husband’s guide.Image

“For men in India marriage is a lottery but you can’t tear up your ticket even if you lose…” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women.

Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost.

498A penalizes cruelty for dowry, almost always comes alongwith S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you.

Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you.

Being a Supreme Court Advocate and a Mens Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :-

1. Insist on a dowry-less marriage – Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later !

2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information;

If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices;

3. As per the prevailing law atleast here in Delhi, if your wife approaches a Police Station with her complaint, she is to be forwarded CAW CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not inititated right away. Once the matter goes to CAW Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :-

a) Give you greater confidence, level playing field in the CAW Cell talks;

b) Prevent any hasty arrest on failure of conciliation;

All in all nothing to lose in this and in this step 1. Would help a great deal.

4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal therefrom which may take some time. There are CIC Decisions that would help you here.

5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled)

6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides.

7. Keep a check on your wife’s finances. Would come handy defending maintenance cases.

8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions.

9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure.

10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines !

11. With a marital property law on the anvil, don’t buy property in your name, much less jointly with spouse.

The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay !

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com, Tel : 9810553252.

1 Like

Pawan (Others)     12 August 2012

How much will AB cost for one person in Andhra Pradesh.. Please give me atleast a close figure if not accurate.

Pawan (Others)     12 August 2012

Thanks a lot for the info Bharat ji.

Can u please tell me how much would it cost for AB for a single person as mine is a big family with 8 ppl so I just want to know the amt it might cost me so that I can be prepared.

Pawan (Others)     12 August 2012

Thanks a lot for the info Bharat ji.

Can u please tell me how much would it cost for AB for a single person as mine is a big family with 8 ppl so I just want to know the amt it might cost me so that I can be prepared.

rajiv_lodha (zz)     12 August 2012

But see 1st that CAN SHE PROVE FACTUM OF MARRIAGE ?

It seems from ur version that marriage has not happened at all in the eyes of law

Rajan Bhasin (Law Student)     13 August 2012

If marriage is having proof 498a is possible even if girl didnt stayed with you.

Pawan (Others)     13 August 2012

Thank you Rajiv for the responce.

I do not want to lose my wife and I am thinking that I can fight case on its merits if there are no initial arrests as it would be hard to prove her allegations as we never stayed together. I dont think she will file that case but I just want to careful enough and do not want to get caught off gaurd as i cant trouble my parents in this age for my happiness.

If u tell me how it can spoil my life as well as my family members that i would probably let her go rahter than taking a chance.

Could u please elaborate on your suggestion as i am stuck in 2 minds.

One I dont want to leave her as i love her

Two I cant risk my parents and my life with her false cases if she files.

Please suggest me do u want me to fight it is she files the case as there is no truth in it or do u want me to let her go

Pawan (Others)     13 August 2012

Yes Rajan ji... she has a proof of marriage.

We got married in a temple and she has that certificate of marriage given by the temple.

The marriage is not registered though

rajiv_lodha (zz)     13 August 2012

In my view, u shud nt ever think of living with this girl!


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