Upgrad LLM

how some lawyers themselves encourage false 498a cases

Sales Executive

Meet the lawyer

(Read full incident. This is most common meeting to a divorce lawyer and based on true incident)

Sheetal was nervous and sweating. Sheetal is going to a lawyer’s office to talk about her divorce case. Her close friend had recommended the name of the lawyer who specializes in divorce cases especially for women. It was a scorching heat outside and earnestly hoped that the lawyer’s office be air-conditioned. She enters the gate of large well constructed building where the office was situated. She nervously strode through the narrow corridor looking left and right searching for the name Adv. Pankaj Kumar. The floor tiles were a bit old-fashioned but were kept neat and clean. After a few steps, she finds the name-plate on a door having half tainted glass.

She collects herself and enters with confidence. She faces the receptionist and reveals her identity and purpose of her visit. The receptionist said, “Yes, madam, He has been waiting for you, please go right in.” She tensely knocks the door with two knuckles and opens the door. As she enters the cabin, she realizes that the interior is in conflict to the outside of the office. The cabin was well designed, with bright soothing colours of cream; lights were placed in the room appropriately; fat books on laws were orderly stacked on the well polished shelves. The chair was evenly cushioned with soft hand support on the side with a wheel on the bottom. Pankaj was seated facing the shelves on the right talking on his cordless telephone with one hand on his head. Sheetal sat cautiously and focused. He ends the conversation and puts down the phone.

He kindly greets, “Yes, Sheetal, I was just waiting for you. Your friend Kavita told me you are coming with some marriage problem.” Sheetal smilingly said, “Mr Panjak, I know Kavita since college times and so we are quite close friends even after marriage. Actually, I shared my problem with her and she then recommended your name. And that’s how I came to meet you.”

Pankaj warmly said, “Don’t worry Sheetal. You have come to the right place. Kavita and her family have been our clients for more than a decade, so….you won’t be disappointed.”

Sheetal seriously spoke, “Mr. Pankaj, I got married last year with my husband who is a mechanical engineer working in an MNC. And….for the past six months, I am feeling….uncomfortable living with his….parents.”

Pankaj enquired, “Are they harassing you Sheetal?”

Sheetal vaguely replied, “ahh….No, not exactly…..but, their presence in the house is making me lose my nerves.”

Pankaj asked, “Are they pestering you to quit your job, or are they forcing you to have a baby….or it is something else?”

Sheetal answered tensely, “No, no, they have left the family planning onto me….Its just that I am….independent kind of a person and….I dislike being questioned regularly, like where are you going, when are you coming back. Something like that.”

Pankaj thoughtfully questioned, “So…what do you want to do?” “I just want them to live somewhere else….not with me and my husband.” Sheetal replied.

Pankaj asked, “Have you spoken to your husband about your wish?” “He is strongly against my wish; he wants his parents to live with us.” Sheetal answered irritably.

Pankaj brusquely questioned, “Do you want a divorce Sheetal?”

She kept quite for the moment staring at the neat table before her. She had already decided on her plan of action but was anxious to know the outcome before she takes the leap. Office boy comes and keeps a glass of Coca Cola and water on the table. She picks up the glass of water and empties it. She felt better.

She assertively said, “Yes, I don’t want to live with him any more if he doesn’t want to respect my privacy.”

Pankaj was glad to know her confidence what she was doing. Besides, Pankaj knew that cases like these aren’t rare at all and he has handled such cases efficiently.

Pankaj gladly replied, “Okay Sheetal, if you really want a divorce then you will have to accuse your husband for something.” “Accuse him?” Sheetal frowned.

Pankaj said, “Yes, you will have to legally accuse him for something.” Sheetal enquired, “Accuse him with what?” Pankaj sternly answered, “With dowry harassment.”

Sheetal faintly smiled and said, “I think Mr. Pankaj, you have misunderstood my condition. He hasn’t harassed me for dowry. I just want his parents to live somewhere else.” “But your reason to leave him isn’t going to get you divorce” Pankaj replied.

Pankaj continued, “You see Sheetal, court procedures, policies and general judiciary is very strange to you….so you won’t really understand the implication of filing a divorce on invalid grounds. And therefore, I would like you to file a dowry harassment case on your husband and his parents.”

Sheetal was missing her friends. She felt she would have been able to take this decision in a better way if her close friends were around. She looked at the stacked books on the shelves and wondered that some of the title of the books she has never even heard before. She felt that the lawyer is saying in her best interest and can’t be suspected. After a flush of anxiety and nervousness, she began to feel better and relieved by imagining that her life will be better off after this decision.

She firmly said with a piercing look, “Okay Mr. Pankaj, I will do it.”

Pankaj kindly replied, “You don’t have to worry. You are bound to win this case.”


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self

hello,
most practical advise.
like to consult for my client.
appreciate if u give me contact details.

 
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instructor

Naveen if a person visit to a lawyers office , obviously he needs legal advise from him , in your friend case she want divorce but she do not want to file any case against him because he is an innocent one and never torture your friend besides that she want divorce from him, because she can not tolerate the presence of his parents in the home but his husband was not listening to her, for filing the divorce there should be some grounds required like mental cruelty , physical cruelty, etc . but not on this ground i don't want the presence of my in-laws with us therefore divorce may be granted on this ground , the lawyer had asked all questions related to criminal and domestic violence upon her but she had refused all the allegation but still want divorce, only then he advised her to alligate him for dowry harassment case and later on mutual concent she will get divorce, I am not saying advocate had given best advise to her but on seeing the adament behaviour of her , he advise so otherwise no advocate give advise to their client to file false allegation to make any case .
 
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@Laxi

 

From which world u guys come yaar, i dont really understand.

Out of curiosity though, may i know ur qualification.

 

A lawyer is supposed to give legal advice and not so called best advice.

In which way 498a or 10,11,12,13 sections say that one can get divorce based on her incompatability with inlaw.

Adamant nature haan otherwise advocates are great haan

its not rape but rape but molested but figure acha but but but bakwaas bandh karo yaar

 
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Sales Executive

Actually, this is not my friend's case, but a real case and this was published in a famous newspaper making people aware how lawyers indirectly create injustice. Means by trying to give justice to one, they give injustice to the other. In this case, I think that it was the wife's mistake to ask her husband whether they'll stay with his parents or not. Such things are more than important in marriage. Now a days there are many women who want to file divorce by stating any reason and 498a seems to be the best reason any lawyer suggests because there is guarantee to win the case in women's favour which is legal, but totally wrong and inhuman. Just imagine that such case happens in your own family, but still law will say that it is the husband's fault and it is still men's fault or his parents' fault. Then how are we changing the society ??? Fake 498a cases have become a pattern and a sureshot solution to get fast divorce

 
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instructor

@stalker 1. We all people are from this same world, there is no other World . 2. to stop your curiosity my qualifications are M.A, LL.B and presently working in police department as an instructor .3 . read my solution once again in initial line I had written legal advise , 4. i said when she became adament and regularly demands for divorce then the advocate told her for taking divorce , there should be needed some ground for it , put dowry harassment case against her he will annoyed with you and when he become puzzle on dragging false cases upon him , then give him proposal for M CD , to get rid from you he become easily agree and only in this way you can get the easy and fast divorce .5. here not only advocate is wrong but her friend kavita and she itself are wrong .6. Sheetal told that she can not tolerate in- laws with her Home , why she forgot before marriage she resides with her parents why didn't she throws her parent out of house stating that she can not tolerate their presence , 7. its better she tolerate her parents but parents of her husband are untolerateable?
 
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@stalker


There is no use in getting agitated by the lawyers who give such advice to these women. Afterall for these lawyers it is their bread & butter. It is nothing but 'yet another case' for them, whereas for the parties affected by their advice, its their life!


But the problem lies squarely with such women who want to go through hook or crook to achieve their end. These women are well versed with what they want even before they reach their lawyer's office. Once there, they shed some crocodile tears to gain their sympathy and ask them "innocently" about what could be done when they are treated like 'savages by their 'hitler' psycho's (husbands).


The lawyers then have no other way but to suggest cases like 498a, dv etc. They do it not because they pity these women's situation (for they can easily see through their facade) but because of their fear of losing this "juicy case' which can easily run for years and provide them good returns too! Yet another main reason the lawyers give such advice is because of the fear of losing such cases to other lawyers who would be readily willing to do it!

Disclaimer: However, I'm aware of some genuine cases where the women have been treated badly due to dowry harassment & such,  that out of sheer desperation and for want of any other place to go they are forced to file such cases.


But as someone said, the real victims of dowry abuse and domestic violence suffer silently while a majority of these cases are utilized full tilt by such unscrupulous women!

 
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Harrased by Biased Laws

Very true!!

the same practice of giving advise of falling false 498a cases are being given by the women commission and other so called mahila sangathan of our country.

some village Lady goes there with different problem and they bluntly suggest to file false 498a cases against their husband and families without even listening there whole problem. in some cases the women did not even know what is dowry case and what is 498a. but I am very sorry to say these women organisations are the real family breakers!!

Disclaimer : I have seen so many cases in front of me when facing false such complaint in State Women commission by my wife


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@laxmi.. if wife is so admant about divorce...lawyer should suggest for mcd.. instead of false cases.

I dont see any husband has any problem in giving mcd to to wife... so i dont agree with lawyer suggestion on false cases..

right and moral of any profession to give right suggestions..so i feel its lawyer fault mostly...

Many working girls come with such issues.. because they are broughtup in so called modern environment...

its lawyer duty to tell future of false 498a wife also.... if any wife herself asking false cases..

Being in police instructer... u sud also try to understand...between right/wrong... true/false..

I guess you will understand this..


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