Filing 498A is easy but proving the allegations in the court is very difficult...the burden of proof lies with the prosecution..ie you have to prove your allegations and in every case..every allegation has to be proved beyond reasonable doubt...otherwise your husband is a free man...and also remember..an accused is a free man..unless he is proven guilty by a court of law..
For your understanding..
Section 498a reads as follows:
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
1. How can I prove that my in-laws beat me black and blue like an animal. its been 6 months since filed the case and the scars are long gone now.
Your inlaws have beaten you black and blue..did you go to the doctor immediately (any delay in going to the doctor will not be considered)after the beating? Do you have photographs of the injury marks? Did you talk about it to anyone regarding the beating..by a letter or an email..can you produce that in the court?
How many time did he beat you up? was it once, twice thrice...where, when ?
Even if you have gone to a doctor..god knows who beat you up - it could be your boyfriend..and u are blaming it on your husband...
Do you remember the date, time and place where your husband beat you up?
Has anyone seen your husband beat you up..even if someone says that...he will be grilled by your husbands lawyer..thoroughly...
2. how can I prove that they did abuse me and my parents in highly unparliamentary language.
using unparlamentary language does not call for IPC 498A (Please read IPC 498A above)
3. how can I prove that they did demand me for money.
Demand of dowry and subsequent harassment of the wife does call for 498A, but proving it requires much more...Do you have letters, emails, telephone conversations, any record of the communication you had regarding the demand with your parents, siblings, friends..has any one heard that your inlaws have asked you for any money..are they ready to say the same in the court and face cross questioning..
(remember any lie or contradicting statements can bring much more misfortune...you can be booked u.s 340 CrPC for lying under oath..which has much higher punishment..7 years)
4. How can I prove that they did harass me mentally and emotionally.
Simply by saying that they harassed me mentally emotionally will not solve the purpose..you have to state how have you been harassed mentally emotionally...and not only state, prove it beyond reasonable doubt
My brother-in-law and unmarried sister-in-law who used to live with us are an eye witness to everything but I doubt if they will speak-up against their parents and elder brother in the court.
Forget about it..will you stand against your parents..you may personally go against your parents..fight with them at home..but will not go against them in the court..
My lawyer says my parents and my immediate relatives cannot give a witness.
They can be witnesses...but they will all be cross questioning..they might say anything they want..but were they eye witnesses..have you written them letters, emails, telephone calls, sms..what do you have with you..?
my neighbours do not want to get into this court kacheri chakkar.
No one comes...forget about neighbors..
My lawyer is suggesting me to heed to his demands and withdraw the cases and agree to sign for mutual consent divorce.
Your lawyer is a wise man (surprisingly)..you can file 482 in the HC for quashing the complaint..and go for mutual settlement..
You have already filed DV for maintenance..
Remember...if you do not settle the matter amicably..you will be at a loss...the case will take 6-7 years...he will file cases against you..you are stuck..(i dont know how old are you)...imagine yourself at 38-40 yrs old..who will marry you..your hair will turn grey...how will you manage the situation then...
Manage the situation now..before it is too..late..