Senthil (Consultant) 29 June 2013

Fear of fake 498a & advice for protection

I am currently out of India and my wife recently logged a complaint in Police station stated that my mother is not taking her well and she doesn’t give her food and residence (which is not the fact). She included that my father also supporting my mother on this. Police called my father and mother to Police station and enquired; finally they said to my parents that it is only ego clash within the family and asked to allow her to go to her place for some time. Her advocate wrote a complaint stating that she has not been provided food and residence also she is pregnant and weak she would like to go to her parents place and demanded for her educational certificate, Dress material and Jewelry from Police station. Our advocate, my parents engaged gave Police in writing that the charge is fake and we are ready to give all the demand items and for Jewelry they stated that will be handed over upon my arrival to India. One of her relative is in Police department and he guides my in-laws and we suspect he may use his department influence in this case. We tried to get the complaint copy from police station which they refused to give. We also applied for Anticipatory Bail and it got rejected stating that no FIR is made and only complaint is filed and investigation is going on so at this stage it may not be required hence the AB is rejected.

The details of the incidents happened so far (I know it may be boring to read but I request you to spend few minutes so that you understand my problem fully and guide me accordingly)

I got married in 2010 and within 2 weeks I took my wife to Hyderabad (by that time I was working over there). We lived there separately for a month and at that time I was asked by my company to go to Kuwait for an assignment. I dropped my wife at my home and left for Kuwait. As soon as I was done with my residency process there in Kuwait started applying for dependent visa for my wife. Meanwhile she got pregnant and doctor suspected the baby as down-syndrome. In-order to have the medical checkups go without any issue I dropped the plan of taking her along with me till she gave delivery. Moreover I was afraid that there won’t be anyone to take care of her @ Kuwait if I take her with me.

Meanwhile there were issues with her family members here and there and we have not taken that so seriously and thought with a good intension that in a family difference of opinion will be there always and we gave up in many situations. She got the baby delivered by May 2011. I took care of all the medical expenses during pregnancy and my wife wanted to go to her home town for delivery and I was OK with that. Her family spent money for the delivery expenses.

After 2.5 months of delivery she returned back to my home by that time I was just returned from Kuwait and was in Bangalore. I informed her that I was looking for home and told her that will take her to Bangalore within a month time. Within 20days of her return she made some fights with my mother and left my home without informing anyone. She was there at her place for almost 9 months and later upon mediation of one her relative she returned back to my home. This happened in last November 2012. There after I took long breaks from my work and stayed with my wife at my native place till this April 2013 because even I haven’t had any long-term assignments at my office and it was only short-term assignments on which I cannot take her along with me. Within the above said period last January 2013 I had a short-term assignment for 2 weeks and left my wife at my native and advised her not to create any problems as earlier and soon I will take her with me to settle down. Within few days I left her she again made fights and threatened my family members that she will commit suicide. I immediately returned from my project work and cooled down the situation and stayed with her till April 2013.

In the mean time I got an abroad job offer and I told her that I will take her as soon as I joined the company and got all the residency process over and which may take 3 months time. I asked her to be at her parents place till the time I take her along with me which she refused and said she will stay only at my place. I left India 22^nd April the very next day she again made fights with my family members and this time went up to the level of Police station and filed fake complaint as described in the first paragraph.

I am always quite adjustable with her and in each of the earlier issues the problem was only the ego and it’s over pretty silly things. The main problem is my In-laws they are illiterate and wanted me to in their control. They always influence my wife and she just listens to them. I don’t like their nature but still never went in to any arguments with them and so far wanted to try to avoid them. Earlier also on several occasions she left my place without any major reason on anger but later returned on her own. This time she went up to the level of Police station I just wanted to be careful in future.

Questions:

· Kindly suggest me what I should do in the short-term to protect me & my family on any false allegations (like 438a & DV) though I am not sure they will do that or not. My advocate advices to be quite and let my wife make the next move

· What to do with Jewellery in the short-term? Currently it is in the bank locker of my mother for security reasons. Police suggested to open a new locker and keep that with my custody as soon as I reach india. My earlier attempts with banks to open the locker in my native resulted with no result as they claimed that no locker available. I have a hand written copy of her Jewelery list from her father.

· How the earlier incidents of my wife leaving my place without any major reason will help to protect me? What type of evidence is required for this generally? Nothing comes to my mind immediately which I can produce for this case as evidence. Kindly suggest how can I prove this.

· How can I respond to the false charge she made on my family (not given her food & residence) Can my mother file compliant “Defamation charge on her” / DV case against her.

Even now my entire family intension is not to take revenge on her. We just want her to realize her mistake and have a peaceful life but we are not sure whether my In-laws will allow this to happen. Meanwhile I want to protect me & my family from any future false allegations which may arise purely as part of vengeance.

Appreciate your valuable advice & Thanks.

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14 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 29 June 2013

Nothing can prevent the cases from being filed, if the gal is bent upon filing of cases, any attempts is just expansion of energy.

However, if you wish her back, talk to her one on one and then try to sort out the differences between you.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

1 Like

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347) 29 June 2013

INDIAN PENAL CODE (IPC), SECTION 498A : Husband or relative of husband of a woman subjecting her to cruelity : Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 498a is a criminal offense. It is cognizable, non-bailable, and non-compoundable offense.

If you are already married and fearing of a false 498a case - please go through each of the links below. I understand it may be boring, but it can save you lot of trouble later. If 498a is imminent - to save your parent, brother, sister, etc from 498a, you may ask your parent to legally disown you, your parent need to contact a lawyer to file affidavit in court.

Once your wife files 498a, just go underground, do not get arrested at any cost, make your lawyer apply for bail for all those people who have been named in the FIR, surrender to court after bail is denied.

Ideally Police should not register FIR if your wife is living separately from you , so make sure that you have got some solid proof for the same as example you can send legal notice to your wife to her address asking her to come back. On the basis of the notice file the Divorce immediately. Post your question to a lawyer now. .

In an earlier Judgement, Hon'ble Supreme Court of India ruled that - Husbands Mother or sister can not be prosecuted in a Case u/s 498A of IPC except relatives of husband, mother or sister is not covered under the difination of "Husbands relative".

1 Like

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347) 29 June 2013

for more details, go through link below :-

https://498a.co.in/

1 Like

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347) 29 June 2013

another important judjement from Supreme Court, newsreport is given at the link below :-

https://articles.timesofindia.indiatimes.com/2013-02-23/india/37256423_1_mental-cruelty-section-498a-criminal-case

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347) 29 June 2013

Various Court's Judgement on misuse of Section 498a is given at the link below :

https://498amisuse.wordpress.com/category/resource/ipc-498a/ipc-498a-misuse-judgements/

2 Like

SUNIL (DOCUMENTATION EXECUTIVE) 29 June 2013

Mishra Ji , thanks for providing the link of TOI...100 solutes to you sir..

1 Like

Adv k . mahesh (advocate) 29 June 2013

As soon as possible when you come to city take a locker and shift the jewellary in it and also keep a statement

in mean time through one of there relative have a conversation of taking her to abroad and your child also because with this the situation may come to halt and she will be with you and your parents will be at relief and also cooperate with police when they want you to question because this will give confidence that you are not at fault

Senthil (Consultant) 29 June 2013

Thanks everyone for your valuable suggestion. Appreciate your timely support.

498_final stage (Professional) 30 June 2013

File Section 9. ASk her to come back.. the only way to attack is be defensive. Also try to audio record her statements. Hire a good lawyer. Police has been adviced not to arrest without investigation but this is India anything can happen here.

Vikrant Goel (fkhjk) 11 July 2013

i think it is worthless to go thru any link, as it does not work in real. If a women files fake case in the court the men is treated as criminal, there is no one to hear what a men feels & faces in its real life, i think it is better to beleive & hv faith in ur self, if u hv not done anything wrong, nothing can happen to you and your family, "You are the best judge of your case and no other judge can judge better then you" & make sure you hv not any thing worng, the judiciary judge just hold the power of law but a real men hold the power of truthness & so fight bravely and like a real men. Do not give up, as it will encourage ur wife and other womens to misuse such law which is totally against the men and has no sense of justice. I am an example of this and i hv fought against the whole judiciary and back slapped over their arrogant attitude with Divorce. I was trapped in false dowry act and 354 (Attempt to rape) and whole Hisar judiciary from Judges to all its staff has put all their efforts to damage my social reputation but could not do so, they could only destroy the house. The intension behind such cases are to harrass the men family and hide their own sin. I just hate Indian Judiciary, Law, Judges and above all such cruel women.

Vikrant Goel (fkhjk) 11 July 2013

Vikrant Goel (fkhjk) 16 July 2013

i think these law r not protecting women, but encouraging prostitution in the society. A man is so much tortured by the current law, that he and his family feel committing sucide, but after the new law i think the man will either live bachelor without getting marriage or either under depression having no choice and no hope to get justice will kill his wife inside the court to teach both law and his wife a proper lesson. the law and judiciary is no where the protector but acting as an agent of prostitution where innocent male and his family member are tortured for money. same on u judiciary.

Harsh (Manager) 20 July 2013

talk to your wife, give her gifts, her relatives; whatever and whoever. keep doing all this.

BUT try to get your AB without fail. Check your PM.

About your story -> Police will always side with the lady. Just ego problem etc. All this is crap talk by them to MAKE YOU HER PUPPET without resorting to FIR. Police JUST DONT CARE what the real issue is; they just act according to the girl's wish. If she wants just a complaint, she gets a complaint. If she wants a FIR, FIR it is. Police also want to be a Hero (ladki ko insaaf dilaenge etc.). The girl smiles and laughs and cries, the entire station wants to protect her. The police are always in CAHOOTs with the girl's side. Once FIR is filed, your family will not get a minute of window. So your AB is MOST Important. Even if she doesnt file a FIR.

I can appreciate the fact that people would advice you to reconcile to SAVE YOUR MARRIAGE; but what good a life it is with a dominating,self-centric and criminal-minded wife? anyways it is a personal thought. and you should STOP adjusting so much now; it actually feeds that monster. more you bend, more they will kill you.

There is no such thing as literate and illiterate as far as marriage is concerned - these are social & moral values (and your high school or college degree doesnt teach that). So you first realize that your in-laws are not illiterate, they are not good human beings and they dont have any morals.