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gaurav dennison (Unemployed)     21 September 2012

False section 498 case being threatened by women cell


I had been married in June 2007 and mine was a love marriage. Since soon after the wedding I have been subjected to extreme cruelty at the hands of my wife. She has been constantly abusing me, making false accusations, finding reasons to argue and create fights in the family. She repeatedly started forcing me and fighting with me to shift out my parental home. To maintain peace in the household I gave in to her unjust demands and shifted out to a place near her parents home in March 2008. A point to note would be that we stayed at my parental home only for 10 months after wedding. Out of these 10 months we stayed at her parents place on her wish of staying with her mother.

Even after we moved out from my parents place, the fights and the arguments did not stop. She started abusing me even more blatantly using words like "kutte", "haramzyaade" etc. She even attacked me with a chopper. She accused me of sleeping with other women though she has not got any proof for that and neither will she able to provide any proof for that since its a complete lie. She started misbehaving with everyone in my social circle be it my friends or my family or relatives alike. She started coming to my office over the slightest issues and has misbehaved with my friends and colleagues not even sparing my seniors. She has even gone to the extent of slapping me a few times in public. Due to this behaviour of her and her gross misconduct I was asked to quit my job and have not been able to secure a job for the past 4 months.

She even started threatening suicide if her demands of a lavish lifestyle were not met. She tried commiitting suicide by hanging herself from the fan at my place because she had a fight with her father. She tried drinking phenyle, over dose of medicine etc etc however each time I saved her. Fed up with all this and fearing for my life and my family I filed a complaint with Mr. Chugh & Co. (Advocates - Supreme Court) for the same since I was also being threatened of a false 498 case if her demands were not met.

Finally not being able to tolerate her brash behaviour any more I lodged a Petition in the Family Court at Patiala House for Dissolution of Marriage. I moved out from the house after giving in writing, an application. Even after this was brought to her notice by the ASI of the Local Police station when she had gone there to file a complaint against me that I had deserted her, she went to the Gurgaon Police Women Cell and filed false accusations against me. Following that my father and I are being called regularly to the Women Cell and are being harrassed and threatened. My wife's mother standing in the Women Cell also called my entire family a family of prostitutes to which the Women Cell Inspectors turned a deaf ear.

The SI in the Gurgaon Police Women Cell has threatened me of having me implicated in a false 498 case if I do not withdraw the case and compromise. We have been constantly appearing at the Womens Cell, listed below are the dates for the hearings that we have been called to and constantly harassed and ridiculed.

Based on the above situations following are my questions :

1. Can she / the Women Cell file a 498 case against me even though there is a case running in Court ? If yes, how does the proceedings of the Section 498 case proceed ? What is Anticipatory Bail in this regards ?

2. Assuming that she can file the 498 case, where would this case be filed ? Can it be filed at any Police Station or according to the geographical jurisdiction ?

3. Can the Women Cell Inspectors force and threaten me to withdraw the case using their authority in this manner ?

4. Is there some way the Patiala House Court can effect a stay on these kind of proceedings in the Women Cell in which we are being unnecessarily harassed ?

5. Also, the Women Cell Inspectors constantly keep threatening me that I will not be able to get a divorce from her till the time she does not agree ? Is this a myth or a fact ?


 11 Replies


If any threat given by Woman Cell officer than record his/her voice and keep it for future use. Send your statement through post if they deny to take your statement.

JP (Scientist)     22 September 2012

She can file 498a wherever you both stayed together, where the marriage held and if she wants wherever she is.

Chinese Chef (Integration Architect)     22 September 2012

- If Police is asking you to appear telephonically, ask them to send them a summon. You can use this summon to apply for an anticipatory bail or interim bail.


- Hire a lawyer or send an influential person at Gurgaon Police station and ask them to run through the complaint filed against you. They must also ascertain that a FIR has not been already filed against you and family members. If possible, try to get a copy of it.


- Whatever you've mentioned are the tactics used by Police to force you into an agreement with your wife on her conditions. Don't ever do it otherwise you will be in trouble forever.


- FYI, my wife has filed three 498a cases on me and still wants to come back. :-)

Sreenivas V (S/W)     22 September 2012

Hi Chinese Chef,

Is it possible to file 3 times 498A. What happened to your previous 2 498A cases filed. Are you joking or is it a fact!!!

Chinese Chef (Integration Architect)     22 September 2012

First two were police complaints U/s 498a in two different cities which could not be converted to FIRs even after their repeated attempts. At last, opposite party filed a private complaint U/s 498a, 406 at Amritsar court.


Perhaps, my previous post was misleading but what I wanted to point out is multiple attempts by out-laws to file 498a.

Vikrant Goel (fkhjk)     24 September 2012

this law has snatched the peace of the indian man, infact ish kanoon ne sabhi mardo ko namard bana diya hai, if u act against ur wife u will be treated as criminal if not namard. marriage has become an offence for the man and his family. the man has to bear lot of mental torture since he is married,  loss of money and time, and above all dinhonure in the society and court for the crime which he and his family never committed. i have fought against Hisar Judiciary family for 11 years and finally succeeded to find divorce, three judges of hisar judiciary along with its staff had put all their force and every approach against me to trap in false cases u/s IPC 498-A (Dowry) & 354 (attempt to rape) could not discourage me  to fight against cruelty by a women and her family. it is huge slap over the face of the hisar judiciary judges which claims to protect women, but i can prove these r the real abuser of their own wives and sister misusing women, law and their position to satisfy their ego of working in judiciary. and finally demands for money to relase from such cases which means these r badwae of their own wives and sister playing with the life of innocents. i hate hisar judiciary and my ex-wife who is working in Haryana & Punjab High Court, Chandigarh

Saurabh Pathak (Advocate)     25 September 2012

Yes she can file complaint u/s498 according to geographical jurisduction.You may apply for anticipatory bail. Legally, women cell can not threaten or force you for comp.You can get divorce without her consent on the grounds of Cruelty if proved before court.Burden of proof will be yours.

You may also file a complaint against her and her mother u/s 504/506 IPC for threatening.

Sudhir Kumar, Advocate (Advocate)     29 September 2012

Try to see if a reocnciliation can be reached.

sheeja (organiztion)     05 October 2012

Hi to everyone on the post including the advicer.

This post is done by my husband and also to defame me.

Yes,my marriage was a love marriage.

I would like to clear this state of mind and allegation put by my husband: "Since soon after the wedding I have been subjected to extreme cruelty at the hands of my wife. She has been constantly abusing me, making false accusations, finding reasons to argue and create fights in the family. She repeatedly started forcing me and fighting with me to shift out my parental home"

I would like to clear this by saying:

No, I am  not abusive and till date, I am not. IF anyone instigate me to the extent then yes  I had blasted that too after three years of my marriage, after going through lot of mental torture and physical torture at the hand of my husband.

"kindly note,, it is"I" who was subject to extreme crutelity at the hands of my husband and his family especially my father in law ,mother inlaw and brotherinlaw and my dear  husband Mr. Gaurav Dennison."

As per indian society, I tried to supress my feeling till now but when it comes to defame me that too online.. I cannot buy this.

This was the love marriage and till date I am amending it in everyway.

He strangled my neck for my parentz property. He even starved me at his parentz by not buying anything. His Brother even pushed my Dad who is half paralysed and threatened him.

If wishes are not fulfilled, he create havoc, shout at me to the extent that I had been suffering from severe headache because of emotional pain and the pain that i got through from the hit.

Wounds are healed and cannot take pictures. My medical document and my office people and my manager are the proof of it.

He has preplanned everything to an extent that he even recorded my telephonic conversation to show that I am  highly abusive and quarrelsome.

Tell me in this society, how many married couple fights and they record the day to day  conversation or even a fight. Hardly anyone.. But he did.Just to the show the world i am cruel..whereas it is a complete lie.

=> A girl get seperated from her parental house in the hope that she will get the same affection and love in the matrimonial house. But the story is different. My marriage can be termed as love marriage but today if i go back and recap the pain, I think this marriage which was done by dupe and for money and not for love.

=> Third day of my marriage, I had been a victim of their cruelity. However I taken it and thought and I wil overcome it. But not.. After three month of marriage... I came to know he has to loan of 5 lakhs and other loans. He and his dad has given my number to the collection people to harrass me. What will you call this torture as.....I still carried since it was a love marriage and i loved him truely. Passing out was not easy.

=> Since the torture and mental agony that i received from my matrimonial house.. I moved to a rented house but opted to stay nearby. Since I dont have any mode of transport if anything happens to my parentz. I stayed nearby so that I can be easily assessible to both families. (Please note both families even after the torture.)

=> To talk about vacations.. I used to spend on vacation and I have a proof to show in my bank statement regarding the transaction. My husband does spend but spend stingly towards to our home. God knows where his money goes.!!!!!

=> Good news, Any expectant female is full of joy when she got to know about it.. I was, but not stayed for long. They killed my world from me.

I am recalling now about the doctor words why she was saying few lines to me that time... which was very odd to me.

 Howcome, I gone through this.

For this operation as well, I have to shell money as my husband did not spend on the surgery.. Short of 12 thousand bucks.. ultimately asked his parentz for that shortage.. that is the only help I got from that family.

=> I was the person who was going through this pain in the hospital bed and with injections....medications. etc..I was the one who was taking the pain.

=> Please note.. I mentioned headache in the previous point ,,on every followup or admission i alwayz mention my history..but my husband states in his petition that he was unaware of it.. and was moved to know about my illness.. and I hided from him... Absolutely wrong allegation!!!!

=> Then april 2011.. he went to pune and bangalore for training...he made this has a habit.. every month he goes showing false email about the trip along with the pnr..number from his laptop.... he even named his manager in this case. Tell me i also work in a BPO industry.. I know what a man and women relationship is and to what extent,. I am not insane not to understand that .

=> Even i know what z the limitation about a women and man relation before putting such allegation. I dont put allegation without any proof and he very well knows this.

=> Never taken responsiblity in meeting a simplest need of our house.

=>  I was at shock to know that he never went for a training. Office people never made such visit. I was a fool to believe each and every word of it. I alway wanted to trust him honestly... but never made till date. A marriage is stored on the basis of trust.. loyality and faithfulness towards each other.

=>I have a few questions to ask everyone.

=> They treated me badly for dowry and my parentz property..what should i do..I supressed it which was my fault and i admit that....since i was sufferer... but when it overflows the bottleneck I have to take a steps which i did by filing under 498// and not admist divorce.

=> Given continuous mental torture and physical abuse. He is rebellious and abusive in nature.. but still calmed by myself.. What should i do now for the mental torture given by him on material wants such as money,.if not given.. he shout and hit. Where should i go?

=> For taking small world from me..what should  i do.?

=> Yes, for having extra marital affair what should i do. ?

=> What should i do if things are preplanned in such a ways that you dont have time to collect proof.?

=> His job was taken because of his deeds. I got that information from his office when I met his HR on two occasion when he left me alone for the first time that too without any fight or arguments and on the second occasion when in his summon... he stated about his job...

=> What should i do if a wife is searching for a husband for 5-8 days without eating anythings and searching him on his parentz house.. where everyone was underground..... I can vouch on that because his vehicles was there. .... and they moved all of a sudden and a ticket his father showed....

Went seeking help from my inlaws and they abruptly says that he was not there with them during those days. Whereas my husband says in front of Additional SHO that I was with them on those days. Who is true ?

=> Asking my father inlaw to come with me if he also does not know where his son is. ....Even after the compromise done by police.. he asked for one day just to file a case against me.. Please note this...I mentioned one day to file a case...since i got a register summon by court and the date mentioned there. The date has been malified in that form as well. 

=> He filed divorce on the basis that I have TB. I am a TB is dukaan. he cannot consumate this marriage because he cannot take responsiblity and that I have medical problems.. such a TB. A husband who cannot solemenzied one of the marriage vow. Think about the case...if in my place ..he is going through this...will i leave and go..because i cannot take responsibility. Live example is my mother.. even if my father is paralysed and my a mom a retired...did she left she not taking care of him.. That is what I called a supportive family. They do fight.. I am not saying that they dont fight.... In every indian society or any married family...these small and big fight happen and they do settle down after course of time.....please my few minutes get sorted out..because they love each other ...and i can vow that after i opened my eyes..with all this pain i gone through..there friends can vouch on that...

=> What about the abusive words he has used to which I dont have recorded copy or he has not recorded that conversation and instigated me.

=> what should i do when he write explicit emails to his friends wife...?What words should i use..What more proof...

 => Please suggest what to do as I want to save this marriage. I want to give this marriage a second revival again even after so much of torture from them.. Yes, a second revival....because I am not brought up in this environment to crush this marriage.

=> If i dont give divorce then what happen.. he will get divorce and how. and upon going through the above agony.....

Looking forward to your reply.


sheeja (organiztion)     05 October 2012

can u please advice.

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