498a cognizant techie nabbed outside the us consulate

Misuse or abuse of law is not only occurs or practices in India but everywhere. Such ill practices can be noticed  all over the world, so blaming a particular provision of law as one sided cannot be accepted as  logical.

Before introducing any provision of law or law itself the subject matter goes to Law Commission for scrutiny and for recommendations if any, considering its necessity to protect the interest of actual sufferers in a democratic country like ours and on the basis of such recommendation and opinion the construction of enactment is made.

Yes, laws are misused everywhere.....but it is laws like this 498A and DV , which break families.......which is most dis-concerting. .......... your neighbor puts a false case of extortion on you is different from your wife putting a false case of dowry....while the first might also give you some troubles but still it is not that problematic mentally....while the latter has a tendency to completely shatter the victim mentally.

In recent past a case u/s.498A IPC  brought to my notice by a sub-Inspector of Police in which the alleged accused who is a high ranked officer of Central Government was taken under the Police custody and the Police Officer who is I.O. of the case was advised by me for local enquiery to reveal the truth of allegation by the wife.  Accordingly, the I.O. by his local enquiry could come to know that the wife who is a school teacher is a querulous and peevish lady , eccentric in nature, whereas her husband is timid and gentle in nature   The couple have a grown up young girl and a college student ,she also told Police Officer against her mother and stood by her father.  At this Police made an enquiry report, submitted before the higher officers and dropped the proceedings with the warning to wife that if she lodge such false complaint against his husband again she will be arrested and shall be taken under the custody.

The offence is related to the Indian penal code and not under matrimonial law.  498A  refers to the penal provision for the offence of cruelty by husband or relative of husband of a woman subjected on her. Whether the case is false or true will be decided by court.  But to obey the law of the land is duty of the citizen of the country, hence he should not have avoided the receipt of summons earlier due to which his case has brought disrepute to him to this extent.

Guys - Thanks for all the support. I personally know the victim of the false case filed agaisnt him here and this was the case of over enthusiasm by the police. The person is innocent and all the facts filed have been proven to be false at both the high and family courts. The girl was let go on humanitrain or just for being a "female" as the judge mentioned. he demanded no dowary and the weddign was pretty small with hardly any money spent by either parties. The question of dowry does not arise and FIR was registered without any background verification way back in 2009. Ball is on our court to prove our innocence.

The case had been marked as a false case for money and divorce has been granted with no demands. The said case has been closed in the high court and we forgot to follow it up and get it closed in the criminal court. The police arrested him and demanded documents for case closure which we failed to produce. They wantedly gave it in the newspaper to get some fame and money. 

We provided the same info to the judge on the next day and the judge scolded the police for the over enthusiasm and let him free and asked us to follow up and get the case closed. Interesting part here though is that police refused to close the blue corner notice and remove the airport flag even after the closure notices were served from high and criminal courts. By the way he was just trying to get the visa renewed at the consulate and not fleeing the country from an aiport. The very word "NRI" triggered the bllod sucking vampires to close in and make it public.

We had to file a writ petition directing MEA to clean up the mess in the system and get the name removed from the blue corner notice. It took them 15 mins to get this done and all the trouble for 6 years of troubled unconsumated marriage took a toll on his family, him and almost costed him his job. the girl was happily married to some other innocent guy whiel my friend and his family have been going through all the trouble.

I am really amazed at the length to which women/people go to make free money.

Thanks to all the good people who support us during the crisis and blame the system which is biased towards women for the wrong reasons.

Thanks,

For a 498a Innocent victim