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What is difference between divorce post 498a and pre 498a?

1.What is the difference between divorce post 498a and pre 498a?

2. Do this make any difference that husband filed divorce case before 498a?

3.What is the wrong if husband filed divorce case after 498a?

4. Is 498a helpful  in divorce?



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 8 Replies

HK_Jain... (498a Fighter)     21 January 2013

Originally posted by : Dev


1.What is the difference between divorce post 498a and pre 498a?

No difference in criminal proceeding of 498a pre and post.

2. Do this make any difference that husband filed divorce case before 498a?

No

3.What is the wrong if husband filed divorce case after 498a?

The addition of new case in the list of litigation.

4. Is 498a helpful  in divorce?

For girl the answer is YES.

 

Hemant

Harsh (Manager)     21 January 2013

1) I think there is a difference. The timing of a divorce application and 498a is important.

2)  If a divorce is filed for genuine reasons (with tenable proof and justification), a 498a filed after that (and

depends on the timegap also) can become weak/counterblast. Also, a prior Divorce petition can

certainly help you secure anticipatory bail if needed. This is tested, it works.

Plus, if the 498a complaint is plain vanilla (kept me starving, beatings etc.) with no specifics etc.,

your counsel can strongly argue that 498a is simply a revenge attempt.

3) If a divorce is filed by husband after 498a begins, then I dont think your divorce petition becomes strong, rather it may become weak as you are now trying to get rid of your wife without first proving yourself innocent.

If there are genuine reasons to separate, file for divorce before she writes her 498a complaint. You will

find it helpful.

It is common sense - if you really were in pain why didn't you cry?

So whoever sincerely cries first matters more.

Harsh (Manager)     21 January 2013

of course, all this assuming you really didnt harass your wife :)

gud luck

cm jain sir (ccc)     21 January 2013

pre filing of divorce will ease the chances of getting Ant bail. Jharkhand high court had quashed one 498a case treating it as a counterblast of divorce filed by husband.

So all it depends upon that you belongs to which state.....!

1 Like

Harsh (Manager)     22 January 2013

cm jain sir - can you please post that judgement? Do you also have any SC judgements like that?

--------------------------------------------------------------------------------------------------------------------------

By filing a divorce petition, you make your intentions clear.  I know a case where AB was granted based on Divorce petition. Then AB expired and 498a was filed after that.

Still the magistrate gave interim bail and released him immediately based on the above facts.

so anyone fearing an impending 498a can pls note this.

cm jain sir (ccc)     22 January 2013

Dear Dev,

There are many things that you have to learn to kill false 498a, so dont panic. join siff and learn the art and science of fighting the false cases. You discuss your case details to nearest siff chapter and based on this your game plan will be suggested.

visit 498a.org, mynation and siff websites. you will see many judgements.

 

Do not forget to read 498a survival guide.

If still something is missing then pm me your email id and your que with case details.

 

1 Like

cm jain sir (ccc)     22 January 2013

 

For your use , I am giving you these two judgements:

1) 2002 (4) ALT 592 (D.B), In the High Court of judicature, Andhra Pradesh at hyderabad

B. S. A Swamy and Dr. G. Yethirajulu, JJ, A. A. O. No. 1039 of 2001-Decided on 9-7-2002

Saritha Vs R.Ramachandra reported in (I) (2003) DMC 37 ( DB )

“The court would like to go on record that for nothing the educated women are approaching the courts for divorce and resorting to proceedings against in-laws under section 498a , IPC implicating not only the husbands but also their family members whether in India or Abroad. This is nothing but misuse e of the beneficial provision intended to save the women from unscrupulous husbands. It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well meaning people or the courts. and the sanctity attached to the marriage in Hindu Religion and the statutory mandate that the courts try to save the marriage through conciliatory efforts till last , are being buried neck-deep . It is for the law commission and the parliament either to continue that provision ( section 498a IPC ) in the same form or to make that offense non cognizable and bailable so that ill-educated women of this country do not misuse the provision to harass innocent people for the sin of contracting marriage with egoistic women “

2) THE HON’BLE SRI JUSTICE P. SWAROOP REDDY Criminal Petition No. 6642 of 2007, 22-11-2007, Kamireddy Mangamma and others, State of AP

represented by the Public Prosecutor, Counsel for the Petitioner: Sri D. Bhaskar Reddy, Advocate

Counsel for Respondent No.1: The Public Prosecutor,  observed as:

The Honorable Judge has observed that:

4. Thus most of the allegations in the complaint are vague and petitioner Nos. 2 to 5 are married sisters and their husbands, who are admittedly living elsewhere and out of them, A-5 is living in
USA. It is very difficult to believe that from USA A-5 every day used to telephone and instigate the other accused to harass the complainant. As per the complaint, A-5 has grudge against the
complaint, but it is not stated as to why A-5 should have grudge against the complainant.

6. The nature of allegations referred to in the complaint, particularly against the present petitioners, particularly against petitioner Nos. 2 to 5, the married daughters and their husbands, would show that in all probability, the allegations are false and exaggerated. It is very difficult to believe that the third
petitioner used to harass the complainant, all the way from USA by instigating the other accused, particularly when no reasons are shown for him to have any grievance against the complainant. The
reference to A-5 in the complaint, might be A-3 and, in fact, even that also would not make any difference.

8. Before parting with the petition, I feel it desirable to observe that there is rampant misuse of S.498-A IPC. False complaints are given against kith-and-kin of the husband, including the married sisters and their husbands; unmarried sisters and  brothers and married brothers and their wives. There are instances where even young children, aged below ten years, were also implicated in the offences of this nature. My experience, while sitting in matrimonial Bench revealed that several families are ruined;  marriages have been irretrievably broken down and chances of reconciliation of spouses have been spoiled on account of unnecessary complaints and the consequent arrest and remand of the husbands and their kith-and-kin. To discourage this unhealthy practice, it is desirable that anticipatory bail is granted very liberally in all cases of S.498-A IPC, particularly when the petitioner/accused is not the husband of the complainant and when the allegations are not very specific and prima facie do not inspire confidence.

9. Section 498-A IPC is incorporated by the Legislature basically in the interest of women and to safe guard them from harassment. But, it has become somewhat counter productive. In several cases, women are harassed, arrested and humiliated on the complaints given under section 498-A IPC. The truth or otherwise of the allegations is subject to proof. For giving complaint absolutely no authentic and prima facie material like medical evidence is required, but on such complaints, in several cases, number of women are being arrested. In cases of arrest of married young women, they might face problems from their husbands and in-laws; in case unmarried women are arrested their marriage prospects would be badly affected and if government servants are arrested their service prospects are affected. In the present case, only one woman is the alleged victim; but at least four women might have to go to jail even before trial, effecting their reputation, subjecting them to rude treatment at Police Station etc.
10. Only in cases where, strong and authentic evidence like letters written by the accused-husband to the spouses or their parents etc., are available and where there is sufferance of serious injuries or death of the victim only, perhaps, it is desirable to refuse anticipatory bail, that, too, for the accused-husband. Another important aspect is in this type of cases; there is no chance of witnesses turning hostile or being influenced by the accused, as the witnesses would invariably be the kith-and-kin of the alleged victim like herself and her parents etc. These aspects have to be kept in view, while dealing with the cases of anticipatory bail/bail in cases of offences involving section 498-A IPC.

 

sai (housewife)     23 July 2013

Better make a law to reconcile both husband and wife,aloofing parents of both sides. Especially husbands side,so that she cannot throw allegation against husband's family,

 

Force husbands and wives for reconciliation,What is this country about.

a simple 498 against husband cannot make divorce,a simple slap on wife is not 498.

Make heavy counselling centres to councel this husband and wife not parents of both parties.

Check who is more intersted towards divorce they make acquittals.But surely 498 should be there else male ego can be dangerous as seen in many cases


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