Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SuperNuvos (Own)     21 April 2012

Pre-emptive action against 498-a

Hi Experts,

 This subject is perhaps the most discussed topic...I am not exception. I am contemplating divorce from my wife on the basis of mental harassment extended to my myself as well as my parents. We all are currently living in the same house. We are hindus and our marriage (started as "love" marriage) is 8 years old. We have 1 year kid (male) who is 5 years old. We are based in Mumbai,Maharashtra.

I want to know the following facts about the possible 498-A:

1. As far as I have read so far, this act is still at wife's disposal after 8 years of marriage and she can still go ahead and file for it. Is this correct?

2. Can she include rest of the male members in her complaint?

3. Is it true that police carries all the implicated people as soon as the case is filed and put behind the bars? We are from a respectable family and there is substantial difference between our social status and their social background

4. Is there any pre-emptive staps that can be taken to prevent this?

5. If answer to above question is yes, what can be done?

6. Can my mother raise a domestic voilence case against her?

 



Learning

 11 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 April 2012

In the cases Preeti Gupta v. State of Jharkhand (decided on August 13, 2010) and Ramgopal v. State of M.P. (Order dated July 30, 2010) relating to Section 498A, the Supreme Court of India has observed that complaints are not always bona fide and are at time filed with oblique motive. The Court has, inter-alia, requested the Law Commission of India to examine different aspects of Section 498A including that of making it compoundable. Giving this information in written reply to a question in the Lok Sabha today Shri Salman Khurshid, Minister of Law & Justice, said that the Law Commission of India has considered the above decisions of the Supreme Court of India. As per the information received by the Commission, more than one lakh cases are pending. The subject relating to Section 498A has been discussed at the meeting of Law Commission of India held on 31st October, 2011 and in the light of deliberations, the Law Commission will prepare the Report which will detail the need to make the offence under Section 498A IPC ‘compoundable’ or not. The Report will also deal with other aspects relating to Section 498A such as making it bailable, process of arrest, conciliation etc.

SuperNuvos (Own)     21 April 2012

@ Rama chary - Thanks so much for the quick reply..but as I understand...it is still a long way to go to make it "bailable" etc..

Anjuru Chandra Sekhar (Advocate )     21 April 2012

It should be bailable but not compoundable because police often become brokers of threat and extortion playing on behalf of the complainant. However Sessions court can be given the power to quash FIR /Complaint if reasonable explanation is given by complainant to withdraw complaint/FIR.

1 Like

Anjuru Chandra Sekhar (Advocate )     21 April 2012

Nuvo,

All your apprehensions are true.  All that can happen under existing law.  However, I am of the view that it is not a matured law if the police are given powers to arrest the accused and his family members and not even allowing them to enjoy the privilege of bail, without investigating whether there is any possible threat to the girl from the husband and his family members.  Two aspects here, one is the safety of the girl and the other is the culpability of the accused and his family members.  When it comes to safety it is better the girl approaches court for a protection order and court issues an order with a direction to family members of accused as well as the accused to ensure safety of the girl. If necessary create an environment for the safety of woman by admitting her in some home protected by police (women's cell) generally created for this purpose.  That is sufficient.  Another is culpability.  Culpability has nothing to do with the issue of granting bail or not.  For greater offenses bail is granted by courts.  And the people involved in these cases are people belonging to families, there is no possibility of running away by them. Hence when we test the issue of bail in the light of both these facts, it does not appeal to our reason that it is necessary to keep the accused (not offenders) behind bars without even issuing bail.

 

1 Like

JANAK RAJ VATSA (ADVOCATE)     21 April 2012

what about seeking AB in such cases on merits

manish (cdsdfasd sdf)     22 April 2012

@nuvo,

 

arrests dont happen automatically in maharashtra.. it will go to CAW (crime against woman) cell and once they send you notice, based on the notice you can get anticipatory bail.

you must be more worried about DV case because under DV she will get permanent residence right in your own house and she will become "Malkin" as they say. You wont be able to do anything and also providce monthly allowance to the lady.. he he he.. 

and yes.. once 498a is filed all so called respectable people in ur society will say that these people must be harassing the poor girl for dowry bcoz no one believes in such things till it doesnt happen to them.. SO if u ready for the all the above things - please go ahead. 

Anjuru Chandra Sekhar (Advocate )     22 April 2012

Section 388 of IPC can be useful to preempt action under 498A.

SuperNuvos (Own)     27 April 2012

@Manish: Thanks for the information. Is there any documented information about this process on the net that I can go through? Also, is there a similar process existing for the DV as well? I mean can we get AB in DV case as well?

SuperNuvos (Own)     27 April 2012

@Shri Chandrsekhar ji: Thanks so much for the detailed information.

I need to know:

1. How much time does this AB takes?

2. Can we get AB for 498-A and DV both?

rajiv_lodha (zz)     27 April 2012

1. How much time does this AB takes?

Depends upon court to court, but usually a matter of 4-10 days to decide.

2. Can we get AB for 498-A and DV both?

DV does not require AB

SuperNuvos (Own)     03 May 2012

Thanks everyone for the help offered so far.

I have talked to one lawyer and she says that the cost of bail is charged at per applicant-wise.Is this is correct thing?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register