LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay   01 October 2017

Misuse of Hindu Marriage Act and extortion of money

My story is that I didn't talk to girl and married half-heartedly as per parents command. Girl was stupid crackpot and her father, a political fox. They filed false IPC 498a dowry complaint in December 2016 at Mahila Thana PS, Byron Bazar, Raipur 492001, that was rejected. Marriage was never consummated and that family is blackmailing for extortion of Rs. 25 lakhs. They are very evil people.



Learning

 11 Replies

Vijay Raj Mahajan (Advocate)     01 October 2017

Collect evidence with regard to blackmailing/extortion by the wife and her parents before moving ahead with divorce case otherwise vague allegations can cause more trouble for you both in the Family Court and otherwise.

Making allegations about the father and lawyer on web forum can be harmful for you as such allegations if you cannot prove will be held as defamatory in nature that will attract both the Indian Penal Code as well Information & Technology Act.

Ajay   01 October 2017

My parents traveled 30 hrs in train to visit that lawyers, 3 times and 3 days at his office. We have IRCTC train tickets. My lawyer and one more uncle local to that city are the witness. What are constitutional rights for freedom of expression? Human beings have basic cognitive ability to read and write, that distinguishes us from other animals. Else whole TV channels, media, newspapers, magazines, Internet should be banned? Free India is Taliban? Remember, writing things spread awareness and same was done during Indian struggle for independence. When constitution gives rights to speak and freedom of expression then why IPC are against it? Is it just for benefit of administrators so press, media and individuals don't dare to express anything against them.

Siddharth Srivastava (Advocate)     01 October 2017

Is it your query or you are expressing your frustration on this platform? Why you are tolerating such wife? There is no reason to give the mobile number of your wife's lawyer. File petition for annulment of marriage, cruelty. Filing of false case is also a cruelty. It is correct the some woman misuse their rights given under law but donot get dishearted as the same can be handled tactfully.

Ajay   01 October 2017

Thanks. Better I now edited it and removed undesired information. And about frustration? Yes, I am frustrated being born a Hindu citizen of India. Hindu Marriage Act 1955, finally supports women, whatever you do. All IPC laws related to marriage are biased towards benefit of Hindu women. Though, SCI is gradually alleviating this horrendous evil.

P. Venu (Advocate)     01 October 2017

The posting does not reveal any specific aspects on which a suggestion could be made.

Ajay   01 October 2017

Aspect is that, if I file for contest divorce, it will take several years and court will pass sympathetic judgement in favor of that girl. Hence, I am thinking and looking for help if I can file criminal conspiracy, ill intension, criminal motive and cruelty chages on her and her family. Don't know what all is possible, when the female and her family starts blackmailing for MCD? I hope specific aspect may be clear now that is, contested divorce is a big problem in Hindu marriages.

Ajay   01 October 2017

  1. Girl files false dowry changes, then PS pulls me to travel 1000s of miles and finally just dismisses the compliant without any action on girl or her family and advising both parties for MCD with signatures taken of us all for the same.
  2. Girl's family hires a lawyer and starts threatening for huge amounts of alimony to fine MCD else reopening dowry charges, DV charges, maintenance etc. in court.
  3. Amazing thing is girl's family has a premium membership for her in online matrimonials and actively seeking a new groom.
  4. Amazing thing is that when I contacted that PS, they provided me documents as per RTI application but they also said, court may order re-inquiry for the same.
  5. Amazing thing is that if I file for DV, court will finally pass the order of paying helfy amount of alimony to that girl and it will be tax-free for that girl. And I earn my money by paying 30 percent taxes!
  6. Amazing thing is that, if marriage is unconsummated, then also Indian court will not support me for anything.
  7. Finally Hindu Indian men are helpless and gets lost in lawyers and laws that favor Hindu women, unilaterally.

Ajay   01 October 2017

Originally posted by : Ramesh Singh
Contested divorce is not a big problem, If court grant divorce at once, then hundreds of couple in queue at court complex on every next day i.e. Big problem.

No friend, contested divorce is a problem, it is very slow. You agree or not, SCI understands all problems related to Hindu marriage and may be in next 5 or 10 years, related to contested divorce things will be better. MCD is easy thing now.

Ajay   01 October 2017

When someone is not interested, it is invalid to force them to stay in marriage like cattles. And according to BBC statistics, it is alarming that several Hindus in India are living a separated life, unlike any other country or religion in this whole world.

Fact is that, it is our own law and order system, that produces crimes and ill in our society.

SHIRISH PAWAR, 7738990900 (Advocate)     04 October 2017

You have to follow law. Appoint advocate and get your grevances redressed. 

Nitish Banka (lawyer)     07 July 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

Why your wife has filed false 498a on your family?

False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a

These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.

Here are the reasons wife has filed false 498a cases on your family.

Image result for 498a

1.Money

Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.

2.You refused to give her divorce

If you have refused to give him/her divorce then you may definitely face proceedings under false 498a and 406 and now 377 IPC are common.

 3. Pressure from her relatives

Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.

4. She has an affair

if wife having an affair somewhere else and you got to know then also wife can put these  false cases for only reason called harassment so that you may not be able prosecute her for adultery.

What happens in false 498a cases

Police calls in false 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

 https://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/

Dismissal of false 498a cases(Quashing)

 

Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

 

 

 

 

Image result for 498a quash

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Regards,

Advocate Nitish Banka

(Practicing in Supreme Court of India)

nitish@lexspeak.in


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query