bolo (NA) 23 January 2010

Need help in 498A

I got marriedon 10/Mar/2008, my wife lived for 60 days and she went to her home, After one year since she didn't return , I filed a divorce petition in family court and got the number and hearing, suddenly she went to police station and filed a 498a,406,506(II) and stated all these happened on Sep and Oct 2008 and accused my brother who was living in singapore with his wife at that time and my old grand parents. Still now after filing FIR after 110 days , I could not get the date of occurenceof the said incidents, i went for bail andpaid for 7 members tomy lawyer but upto now he says that the bail is pending and oral orders has been served not to arrest us and it happenedfor the above i wouldlike to know

1. Can any one bewarranted to arest after FIR Filed at 12:30 AM & without investigation (within 2 hours) with no permission from APP or DCP

2. Can i get the date of occurence of incidence and evidence submitted by opposition if so from Whom?

3. Cani go on with the divorce case and submit the happenings to family court, if sothrough petition or any other formalities please advice

4. Can i file under 340 for false case?

5. Since she has admitted that shehas given 2 lakhs as dowry in FIR (which is false), can she brought under crpc 319 under DPA (3) for giving dowry, through RTI if so please advice

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3 Replies

S.B _Kolkata (Service) 23 January 2010

1. Sec 498a is a cognizable offence, it means with out doing any prior investigation, police can arrest the accused person.

2. It is your right to have a copy of FIR lodged by your wife from the police and according to RTI act You must have the copy. But my suggestion is not to go police station now. Send your lawyer and get the copy. BAsed on the FIR copy you will be able to know all the quiries regarding the date, and all. But there is no need to submit evidence to file FIR u/s 498a.

It is your duty to be proved yourself as innocent, and you have been accused falsly by your wife.

3. Once 498a filed against you and then after if you want to move with divorce case, it affects you adversly. So be bold and give her a good fight. Remember only 2% cases at where the husbends are convicted and punished in 498a case as it is widely misusing in India.

4. If she complained that you have taken dowry, ask her before the court to produce IT return and submit your bank statement also. it will help you alot. start to collect all evidence first.

There are lot of cases in our country to file against your wife and quashed the 498a case. Consult your lawyer. But the selection of lawyers is the important thing. So go and get ready..

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 08 February 2010

Can u talk to me in person? My cell no. is 9871158578

Anil Agrawal (Retired) 12 February 2010

Every sensible person now recognises that 498A a weapon of terror in the hands of greedy women and it has ruined many homes.

Courts too have accepted this fact. Congress government which enacted this law with glee to please the women's liberation movement accept the fact but loves to continue with it.

When the law was enacted, there were many bride burning cases in north India. As a knee jerk reaction, Congress brought this law into force. Its misuse there for all to see.

In the instant case, no body can save your from the TRIAL. In fact, police loves such cases as parties involved are generally from background with financial means.

I suggest that you get in touch with a lawyer specialising in such cases. He is the best person to advise you. Tell him full facts without hiding anything.