498a-prevention-urgent

Querist : Anonymous (Querist) 29 December 2009 This query is : Resolved
Respected,

What are the points one should keep in mind to prevent 498a?
Can a person intimate the police station before hand regarding this act if he feels that she might file a case under the 498a provision?
Do police investigate before filing a FIR in this case?
Hasn't been there any virus challenge against this biased law?

Kindly help me through by answering the above mentioned queries.

An urgent response will be highly appreciated.

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Dr G V Rao (Expert) 29 December 2009
Dear

My replies to your queries

What are the points one should keep in mind to prevent 498a?

Their is no standard procedure available to prevent its use. Just few false statements on a piece of paper by the wife alleging the ingredients of the 498 law is sufficient.

Can a person intimate the police station before hand regarding this act if he feels that she might file a case under the 498a provision?

In case you file that will not stand. Their is no procedure under Cr PC which you could use before hand. In case you feel that you have sufficient grounds of cruelty with your wife then you could file for a divorce on such grounds. But please be sure because in case your divorce case does not succeed becos of insufficient grounds then you will be in double trouble.

Do police investigate before filing a FIR in this case?

Mostly Police do desk top investigations. some cases do get proper investigation but is not true in all cases. In my own personal case, the Investigating Officer came to the Court and deposed that she did not investigate the truth or falsity of the allegations made by my ex wife, but the Court convicted me. Such is the law.

Hasn't been there any virus challenge against this biased law?

Several. With no relief.

Querist : Anonymous (Querist) 29 December 2009
thank you so much for your reply.

adv. rajeev ( rajoo ) (Expert) 29 December 2009
I agree with Dr.G.V.Rao

Raj Kumar Makkad (Expert) 29 December 2009
1. You should keep in mind that the relations between you and your wife may not spoil to such an extent that she may use this section against you or your family.

2. You have no occasion to tell the police authorities that your wife is going to file a case against you. It is between your wife being complainant and the police authorities being State authorities which require contents of the complaint and your help is not required to either to them.

3. Police is empowered to investigate the matter, if complained by complainant and not by an accused person. Police can prima-facie investigate any cognizable matter before lodging FIR. Sometime even compromises take place at the time of such investigations.

You cannot say that each and every matter reported under section 498A is false or fabricated or this law is against any particular gender. Suppose, you are a father of a daughter and maltreatment/cruelty is meted out to her then what shall be your reaction when you or your daughter uses this section for the protection of her rights?

Srinath Kondapally (Expert) 31 December 2009
are you making this querry for acadamic interest or due to facing personal problem?
theory is different from practice. and basing on what grounds she is going to lodge criminal case not mentioned in your querry, if really u are having this problem better to approach your local lawer for better advise, for which u have to elicit all facts for proper relief.

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