How to counter attack pre 498?

Dear Sushil

Don't be so fraustrated. Always remember a line called "Satyameba Jayate".

I want to address few of your queries. What I mean you are talking about is the section 498A, i.e. husband or relatives of husband subjecting a married woman cruelty. It is seen very often ladies are taking undue adventage of this section and are using as a tool against their husband. But the intent behind the legislation was just opposite.

One cannot succeed on the basis of false allegation perticularly in a proceeding u/s 498-A. Because here strict prooof of some material fact are required by the court to arrieve at any conclusion. At initial stage, one may be harrassed for not getting immediate bail, for loss of reputation, etc. but at subsequent stage of the trial, the complete burden lies on the petitioner/complainant to prove the allegation beyone all reasonable doubts, which is not so easy.

If one is not capable to appoint a lawyer, he should consult the Legal aid service authority at the court, which will provide free legal aid subject to fulfilling certain condition.

Similarly it is not mandatory to have a lady lawyer for the proceeding. You can have any one or you can appear on your behalf also.

You have not described the facts leading to 498a case so it is difficult to say that if you are victim or victimizer.  On this site many persons make query which reveals facts indicating the necessity of 498a.

how can be 498 be amended?

Ans : You can chalange any law befor judiciary if you feel it against consitutuion.  In case no constitutional provision is violated then every law is unassailable.

Is there any counter attack pre 498?

Ans : depends on the facts of the case which you have not revealed.

how can victims saved by emotional harasment by selfish ladies?

Ans : How the ladies besaved from the emotional harassement after marriage.

what to do if one has no fee to afford for lawyer?

Ans : Approach legal aid authority and prove that (i) he is indignant and (ii) he has a prima-facie case worth winning.

is there anyone self help groups which bring forward the voice of victims?

Ans : search the net

why should one pick lady lawyer to defend oneself?

Ans : who told you this that only lady advocates can argue in such cases.

why one lady helps other lady harms?

Ans : Your query is vague.

why mother loves why wife hates?

Ans : Mother is never asked to give account of pre-marriage salary.  Not deprived of pocket money after snatching of salary not barred from opening bank account independently.  not expected to follow husbands dictates in her professional field, . Not denied appropriate medical aid.  Mother is not barred from meeting her parents brothers and sisters on her wish and not expected to go for repeated abortions for the sake of male child. Not beaten or taunted and above all society hates and condemns a son if mother is neglected (howsoever wicked she may be) but tolerates if wife is ill-treated (howsoever benevolent she may be). 

what is the philosphy involved in 498?

Ans : Even if you are hurt as a victim but one has to live with the fact that in our society woman is still vulnerable those earning are more vulnerable.  Even ladies holding position of senior officers are subjected to domestic violence. They still cook food and wash clothes despite earning equally (at times more) than husband.

So in such a society some people behave in such a manner that the laws like 498a, 304b, DV Act, Dowry Act etc are justified as these type of persons are not amenable to social pressure. As long as such persons are not reformed such laws have a need to remain on statute book.

is this law demands a change human behavour in order to adapt crtical situations?

Ans : Human behavior needs to be changed so that the law becomes redundant.

How this law turns a victim from love oriented to fear oriented living conditions?

Ans : Fear of punishment is many time beginning of wisdom

Why great technocrats get into deep trouble of confusion?

Why ladies are called Maya? Why Gents are satya? how can chandipath help to fight this law?

Ans : There is no legal query in this question. The question is posted on a wrong forum.

why it is so gender specific?

                        Ans : Come what may woman is weaker gender

why do people will miss their kids? do you really think your wife doesnt love u?

                        Ans : Not a legal query.

Why truth seekers will not be a losser?

Ans : Not a legal query.

what i noticed from 498 is ladies try to harm by doing legally iilegal activites like having affairs with others

Ans : I noticed that ladies when tortured avoid taking shelter of this law.

what if gents try to do it differently like iilegally legal activites like absconding from their place in order to get bail.

                        Ans : Your choice.

dear sir

i am anticipating a false 498a against me ., i got married 2 years ago and is living seprately from my parents..i live in baroda and my  parents live in panipat (haryana).my wife is also from my own hometown that is panipat . she left my house in august , and she said that she will see me in court ,and threathened me . she herself is a witty lawyer ., i came back to panipat 3 times to take her back with me ,, but now she has changed altogether , now she is very offensive and has indirectly indicated that she will take revenge , i am preparing all that i can , if she will file an FIR i am even ready to go to jail for few days , but i can't let my parents get in jail at any cost , they are old , my father fears of jail ,as he frequently keeps on having anxity and panic attacks .,. they live 1000 miles away from us , how can they go to jail ..what i am trying to say is ,,,whenever we will anticipate that she will file FIR we will obviously get underground and will apply for anticipatory bail ..but as i said i cant let my parents go in jail ,,, so IF I SURRENDER FIRST AND GET REGULER BAIL AND TILL THAT TIME MY PARENTS REMAIN UNDERGROUND  ..WILL IT INCREASE THE CHANCES OF MY PARENTS TO GET ANTICIPATORY BAIL ...i talked with one of the finest c lawyer in town , and he said that he'll get us AB ., if not from session court then from high court ... pls help me ...

i shall be very very thankfull

regards

Ishan

Mr Ishan,

Live with facts :-

• Whether regular or AB.  it is to be from High Court only but that too after being rejected by session.  So you have three accused (atleast) and fill your bag with currency.
• You wish to surrender and live in jail for few days.  it is not few days in Haryana.
• It is heculian to get anticipatroy bail in such cases in haryana
• what do you think of judiciary, when your parents are underground will anyone fee like releasing you on bail.
• and for how long your parents go underground.  This is not the first case for Police.  Where they will go underground? the moment FIR is filed most of your reletives will says "hum aap ke hain kaun"

Now coming to your wording in blog.

You said that " now she has changed altogether , now she is very offensive" This clearly indicates that earlier she was not offensive.  You also said that "she will take revenge" This indicates that she has strong grudge against your family.  It appears that she was submissive and subject to ill-treatment.  You appreat to be on fault. You  have to buy peace.

You said " my father fears of jail". yes even gangsters fear jail. Even millioners and politicians wan to avoid going there.  Even a man on street starving may not like being there despite free food and shelter. You said that "i can't let my parents get in jail at any cost".  Are you not worried about brothers/sisteres  their spouces uncles/auts etc.

The only way to ensure your parents out of jail is to beg for her mercy.

Peace is never constly.

Ishan,

bail whether regular or anticipatory, granted absolutely on grounds, which revealed from facts, you as well as your parents can get bail but depends strictly on facts of the case. now a days it has become a tendency to implicate family members and relatives of husband in the 498a case and court also knows that so your other family members (mother - father) can get bail but again depends on facts of the complaint and on discretion of court.

you may felt harrased in the beginning but lator on the burden to prove lies on complainant to prove the allegations, which is not easy as suggest above by bhawani ji.

Suneel Moudgil 

Dear sudhir kumar

i respect your concern , and i thank you for your reply but when you assume out of my text that she was subject to ill treatment without knowing any of the actual facts , then it turns out to be wrong on your part ,i am not worried for anyone else except my parents because i am the only son ,  you are right about many things , looks like it is going to be a hell of a challenge .
lets see what happens
. thanks again

ishan

Dear Suneel Moudgil

thank you for your advice

regards

ishan

dear Ishan,

I have just analysed your wording and gave that what perception do these words convey to third party.

If you concern for parents try if reconciliation is possible.