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498_final stage (Professional)     15 October 2014

Precautionary measures to avoid 498a and dv in india

A QUESTION FROM MY FRIEND

"what are the precautionary mesaures we could take to avoid 498 in future. Can any agreement between both parties like their haven't been any dowry demand or neither paid anything...would help?"



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 7 Replies

LoneFighter (IT)     15 October 2014

An affidavit with third parties signing and duly notarized:- with a list of all items that were transacted during the marriage should do. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 October 2014

Future is uncertain, there is no precautionary measures to avoid the cases, if there is any thing wrong then the aggrieved person have right to file the cases.

If there is any apprehension for filing false cases then the person who apprehend send information cum complaint to Commissioner of Police, NHRC and NCW regarding his apprehensions and the behaviour of the opposite party, it may be useful at the time of filing the false cases.

K.K.Ganguly (Advocate)     15 October 2014

1. As per the recent Supreme Court Order, police will not arrest without making proper investigation,

 

2. So, no more worries for 498 blackmail,

 

3. Keep collecting evidence of her cruelty including threat to file false 498A complaint by audio/video recording and lodge a police complaint for such threat,

 

4. Contest the case, if she files 498A complaint, with the evidence you have already collected.

T. Kalaiselvan, Advocate (Advocate)     19 October 2014

No precautionary method is available to avoid such cases that may crop up in the future.  No affidavits or agreement  will be tenable legally.   If you apprehend such danger in the future, better be in touch with a local lawyer to take AB immediately though the supreme court has given a clear verdict to not to arrest on such complaints, who cares to follow it.

Rajender Kalra (Men's Rights Activist )     21 October 2014

do all call recordings before marriage...and be sure to judge the girl and her family to your satisfaction...

Sudhir Kumar, Advocate (Advocate)     24 October 2014

Agreed with Mr  Qureshi, ,Mr Ganguly and Mr Kalaiselvan.

Q Slinger (NA)     30 December 2014

Agree with T. Kalaiselvan. There is no precautionary measure you can take.

 

A SERIOUS WORD OF CAUTION:

 

I would also like to caution everyone who might be facing future 498a, the SC judgement  Arnesh Vs State of Bihar, where SC said no more arrest, are being bypassed by the police by adding additional frivolous charges of rape, attempt to rape, molestation, attempt to murder, etc on the parents, brother and sisters of the husband. Since these sections carry a sentence of more than 7 years, the cops no longer have to follow the SC guidelines in this regards.

So please do not lie in the comfort of the SC guidelines...use all caution. If you worry that criminal cases is imminent, please approach session court for blanket bail. That might be your only saving grace. 
 

Regards


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