venkateswararao akkinapalli (associate) 14 November 2012

Counter to 498a &3&4 dp act

One of my client, after arranged marriage spent 11 days out of which 6 days on pilgrimage with wife and his family members and 1 day in in- law place. He left to US, and wife on pretext of pooja left in laws place and not returned for 10 months and after that filed FIR and charge sheet was issued against husband and 5 others. The 5 others got bail and the R/1 who is abroad applied for AB and the application is filed by father on behalf of son. The charges are systematic humiliation and harassment and demand for additional dowry. Telephonic record containing confession by wife of pre marital affair available. AB pending. Is the best course 239 or compromise after some time and after securing the AB? Another case under DVAct filed and under trial. Counter filed. Please advise best course.

Thank you

Avrao

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(Guest)

There is no case made out as against any person as alleged u/s 498-A. If the charge-sheet is field file an application for discharge or go for quashing of charge-sheer u/s 482 of Cr P C.

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SOUMITRA SEN (SR MANAGER) 15 November 2012

Did the Marriage got consummated in 11 days ?If not then you can file for Nullity and then 498-A will not be applicable.Even if applicable due to short span of time spent together,it will be an herculean task for the Prosecution to prove anything incriminating to rope in the Husband unless there is any proof of Bodliy harm/Injury.

Please remember,Systematic humiliations is no ground to invoke 498-A.Pls read the ingredients which attract IPC.498-A,

(1)Torture with a view to compel her for Dowry etc (2)Serious harm which can compel her to commit suicide or endanger her lives and limbs.

Not all kinds of torture attract the ingredients of IPC.498-A.

Also if there is significant gap(delay) in the alleged incidence and the date of FIR,then that itself becomes a ground for Discharge/quash u/s.239 of Crpc at the Magistrate court.if not then u/s.482 of Crpc @ High Court.To hope for reconciliation after 498-A is a pipe dream.

Pre marital Affair is of no consequence as ,as per u/s.497 of IPC she was nobody's Wife before marriage and Girls enjoy greater immunity in case of real Adultery(after marraige) also.Pre marital affair is NOT Adultery in the Eye of Law and is not a crime.Spouses can not invoke adultery clause against their own partners.