LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Need advice 498a , witness completed

Page no : 2


Remember ... You will not fail if you are right !! Stand up for yourself ..... if you start living with her again , will that be any better than jail ??

1 Like

deb (others)     12 February 2012

pl fight against false 498a/dv cases,  pl fight agains blind laws---- mind it  "MERA BHARAT MOOHAN"  --IN :   ""INTENTIONALY BLINDNESS, IN CORRUPTIN, IN DISONESTY'




IDENTIFY THEM AND HATE THEM  ALWAYS???????????????????????


Dear Chetan ,

Fight with courage dont mell down over false allegations .I too am going through a DV case . Judge too asked me if there is any chance of reconcilation .I said my wife wants to go for judical seperation for which her lawyer repied no.Than judge called my wife and she said yes she wants to go go judical seperation . The next question of the judge was why ??. and she started blah blah that i had beaten her.Than judge asked me how long we were togather and i said while i was abroad i used to just come down for holidays for one month in a year  . I told the judge if i had beaten her to sumbit her medical report  to substantiate it .For which there was silence . She has put in her application for interim maintanence for the child and one year has passed nothing has yet been passed . In my argument i have mentioned that it is the responsibilty that both sides have to maintain as she too is working .Fight with courage chetan and you will win .

deb (others)     24 February 2012

shaitanya sir is right, don't forget--97-98% 498a cases end without convictions, don't fear mpl  and fight -fight -fight , don't  thinks others matter

be careful pl.


Chetan Singh (SE)     26 February 2012

Yes, sure. I am ready to fight for false 498a ,etc cases on me.

Thanks for all valuable suggestions.

bhima balla (none)     26 February 2012

This is crazy! Have you learn't anything about criminal cases and burden of proof?

The standard of proof is far higher in criminal cases. It is your wife/ prosecution's responsibility to prove their allegations. Until then, these are just that -mere allegations! Are you feeling guilty, that you have done, what she is alleging? Then you deserve the punishment. If not, sit back and wait for acquittal. Even if you can put reasonable doubts on her allegations and on the proof she has submitted-you may be OK. But DV if she has launched one, is a different matter!

And moreover, if you want to live with her after this, you might as well wear the dog collar and cuffs because she will be your master and all your family members including you- will be the slaves of her and her family!




498a is Criminal Offence unlike DV, So she has to Prove the allegation without "benefit of Doubt".



In the case of State of A.P. Vs. M. Madhusudan Rao, reported t 2009 ALL MR (Cri)547, a division bench of the Supreme Court has held in Para 11: "It is plain that as per clause (b) of the Explanation (in S.498-A, every harassment does not amount to "cruelty" within the meaning of S.498-A IPC. The definition stipulates that the harassment has to be with a definite object of coercing the woman or any person related to her, to meet an unlawful demand. In other words, for the purpose of S.498-A harassment simpliciter is not "cruelty" and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand fo property etc. that it amounts to "cruelty" punishable under S.498-A IPC."

There is another interesting division bench Apex Court ruling reported at 2010 ALL MR (Cri) 2947, Preeti Gupta Vs. State of Jharkhand. The learned judges have observed in Paras 33-35, that complaints under S.498-A are usually filed over trivial issues without proper deliberation. They are often filed with oblique motive. Majority of such complaints are filed either on the advice of Advocates or with their concurrence. Advocates must ensure that exaggerated versions of small incidents are not reflected in criminal complaints. A serious relook of the entire provision is warranted by the legislature.

Another Judgment of Parveen Mehta vs Inderjit Mehta on 11 July, 2002 of Apex Court where it says “A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. The inference has to be drawn from the attending facts and circumstances taken cumulatively. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental cruelty due to conduct of the other.”

Please sit with your lawyer and scan tons of Judgments available on internet..

Go through with below link:

Rest I WANT Tajob Sir /ShoneeJi to give you Relevant Judgments where definition of 498a Crulty has explained moreover mere allegation do not attract 498a Section is explained in detail.


Best of Luck, and all the Best...


Most Important Pray for all husbands sailing same boat..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register