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how to avoid 498


Dear Sir,

I have been married for past three years . Till date , i have proofs that no amount had ever passed in dowry, there is evidence that my wife had been allowed to provide for expensive gifts to her family etc. and also written prrof in terms of her diary that i was nice to her for first two and a half years of our marriage

 

My wife works and My inlaws have now become greedy ( They feel they can sustain on my wife's salary as they have a looming retirement) . I never stopped my wife from helping her parents but still they have been successful in wrecking my marriage to an extent that she has walked out on me and is living separately for past four months

What I would like to know:

1) After how many years of marriage 498 is not applicable ?

2) Given that I have written proof in terms of her diary , is there a way to prevent arrest under 498

 
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consultant

YES U CAN AVOI 498A thats by reamining unmarried. or prove ur marriage was infructuosus (voidable)

 
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Family Counsellor

Brahmdatt,

There is no time limit for filing 498a. The proofs is given during the trial and not at this time.Also, the proofs are given based on the allegations and you just have to counter the allegations. If the diary is of any use for countering such allegations then you will get the same. To aviod arrest, you should know some basics of law and how to deal with this situation. Visit www.498a.org for further details on avioding this situation.

 
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Advocate

The seriousness is more in the early years of marriage, say upto 7 yrs.

 
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Adv P & H High Court Chandigarh

There is no time limit in such cases. If you have proofs show them to the police during investigation.

 
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Originally posted by :brahmdatt
"
What I would like to know:

1) After how many years of marriage 498 is not applicable ?

2) Given that I have written proof in terms of her diary , is there a way to prevent arrest under 498
"

 

498A is an indian government sponsored legal terrorism. It is not coming from outside of the country like terrorist attack.

If you are an indian citizen you cannot escape from this.  Marriage is the basic criteria to get this honor from the judiciary.

So don't think any easy way. Any woman can file this false 498a against anybody at anytime.  Being an "indian husband " is very vulnerable  situtation to get this attack.  If you ask this question to government, court, lawyer, police, judge  all they will say there is a complaint so finally coult will decide.  No matter it is true or false case.  Remember you are an indian husband. you have to obey the indan legal process.

 
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Immediately contact your local SIF member. Here is the list of NGO's fighting against 498a and dv act. City wise phone numbers given contact your nearest or in your state.

 

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Advocate

For you to get it right and straight:

 

There is no time bar for making a complaint u/s 498A - but with passage of 7 years time after the marriage, the presumption of occurance of such an incident gets thinner and thinner.

The dairy may or may not help you.. it depends on the investigating police officer who conducts enquiry upon the complaint.

 
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Advocate

But the dairy would certainly have its value for your rescue if the case is made against you and the court undertakes the trial.

 
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Mr. Brahmdatt,

As far as I know, the diary is a priveleged article and private one, one's own treasure and is prohibited from world's eyes.  When did you get the opportunity to steal your wife's diary and read it and get it copied? 

 
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