Parents disown to be safe from 498a

rather than disown their son they can defend their case with sepearte lawyer and give facts of the case where they are not involved with the case or no unlawful act has been committed by them .

Adv. NIKHIL SETH

Mumbai

498a makes harassment to a woman by husband or relatives punishable. Hence no disownment or severation of legal relations can immunise them from a prosecution. There is a tendency to implicate parents falsely these days to exert pressure. Leave alone arranged marriages parents are being increasingly implicated even in love/run away marriages. 

The only solutions to these problems is a little tact and good defence. 

Bharat Chugh

Advocate Supreme Court of India

Mens Rights Activist

bharat.law06@gmail.com

Thanks to both of you for your valuable information.

In almost all cases its 498a and DV together filed and the police arrest the old aged parents immediately giving any notice.Te 498a is similar to POTA and the accused is not given time to prove their innocense.In such a situation the dignity and respect of parents is lost only with a false complain of a girl.

Yes there may be ways to fight against after 498a arrest but is there is a way to avoid it ?

Its really a shame on our nation that respected senior citizens who were government servants,who were holding gazetted posts and positions are put behind bars only with complaint of a girl without even making any investigation.

498a and DV not only turning husbands as criminals but it also makes them hate our nation and turn into terrorists.

The situation has really mellowed down over the years. Many state police dgp's have come up with guidelines & safeguards against arbitrary arrest. Take Delhi for that matter  as per a latest circular by CP, Delhi (Delhi Police Standing Order & Delhi Police Notification – DP/8194/09) 

Read the news clipping. 

Bid to stop dowry law misuse  Hindustan Times - June 23, 2008
To prevent misuse of dowry harassment laws, no arrests will be made without prior investigations, a circular issued by the Commissioner of Police states.

According to the order, only the main accused will be arrested unlike previous instances when even the distant relatives were not spared. Earlier, a mere allegation or the name of a relative lodged in the First Information Report (FIR) by the complainant was enough to arrest the entire family. 

The order issued by the Commissioner of Police clearly states that any arrests under sections 498 A (matrimonial cruelty) and 406 (criminal breach of trust) of the Indian Penal Code will be made with prior permission of a Deputy Commissioner of Police (DCP).

“Arrest of the accused should be an exception and not a rule. From the allegations set out in the FIR and other subsequent allegations or material collected during investigation, if necessary only the prime/main accused, whose primary role in commission of the offence has been established, should be arrested, and that too after the prior written approval of the DCP,” the order issued by Y.S. Dadwal, Commissioner of Police, reads.

The order also states a judgment passed by the Delhi High Court in 2003. The Court observed that Sections 498A/406 of the IPC which are “much abused provisions and exploited by the police and the victims to the level of absurdity….every relative of the husband, close or distant, old or minor is arrested by the police. Unless the allegations are very serious in nature and highest magnitude, arrest should be avoided”.

“The new guidelines have definitely ensured better monitoring. The supervision is also accurate. We now ensure that any arrest under Sections 498A/406 is not made without any evidence. This measure has proved to be a deterrent in arresting innocent people. Mere naming anyone in the FIR is not sufficient to arrest anyone. We have also seen a fall in the number of frivolous complaints after that,” said a senior police officer.

Thanks Adv. Bharat Ji

Yes i have already gone through the newspaper clippings but being an advocate you know what's the reality.There are thousands of cases even in Delhi and NCR where parents being arrested without notice.In a recent case from NCR region an elderly couple was arrested by police team from MP and after arresting  they took the couples by road to MP like criminals even without informing the local police.

The wife who lives in Delhi can take a train to Assam and file a case there and return if she wants.

Its a shame there are orders and newspaper clippings but no one follows any orders the situation of 498a in India is similar to Hitlers Nazi regime in which jews were arrested.

Its really shame on the nation, which encouraged dowry system..All are not same but most of the boy parents are very greedy of money, they want to grow rich by looting money from bride's parents's and they want bride(daughter in law) to be slave for them , In my case i know my MIL said she spent 15 lakhs for his sons education and she wants whole money from my father as dowry ....what crap is that , even my parents spent more money than wats spent on my  husband regarding education...and  but my in laws,they always taunted me for more money after marriage ..if the senior citizens are behaving in this way ..wat laws are there stopping this..even girl parents are also senior citizens haa...thats why people still go for female foeticides in india...because they have to give dowry for their daughters , in laws demands keeps on going on n on....no limit for that which results in death of women...still in india divorced women is treated as scapegoat, we women cant divorce and cant come out of this problems and which leads to suicides..........but now a days few percent of women, very few, they are filing 498a ...marrying women  and treating her as slave for husband and in laws is depressing especially when women is educated and growing in all fields..but men are men most of indian men ...they treat women , especially his wife as scapegoat not as a life partner..if she is treated as life partner..life is going to be wonderful...in laws they should have their limits..son or daughter are der to take care of them always..but it should nt be demanding or dictating even after son/daughter marriage ..i seen few families even wife parents  , they want to seperate daughter  from in laws..where in laws turned to be good........before marrriage check check ..if there any case like seperations of daughters , sons from in laws families

Shalini...... Just bcos u had some issues with your husband does not mean most of the boys are always wrong . Dumbo if you go through the stats more than 98% 498a dowry cases fall flat after trial . Doesn't it indicate that most of the girls tried to abuse law for their own selfish motive ??

Many times old parents are not innocent as claimed.A husband if abusive if his parents intigates him then things go worse.Son of a innocent and principled parents never can do wrong to his wife.

Parens should guide sitting together in conflicts between newly wed couples.

Fw months back I read a judgement here where a 92 years old lady was convicted with imprisonment.She killed her DIL for dowry when she was 80 years old.

Ranee i too go with your post...Parents or elders they should try solve conflicts between couple rather than instigating them ...i know in my case, donno wat went wrong...he loved me before marriage , he was after me and so desperate to mary me and asked my parents ..wen engagement got fixed, demands started coming..they showed real face...my dad fulfilled everything .but i know my MIL, FIL and SILS, BIL, husband grand ma too all together created negative atmosphere, always taunting ..every where they pointed mistakes , they are not even rich but there son's earning is good..he is 5 yrs elder to me , my husband thinks and expresses as me and my family didnt respect his family, donno wat ..???they said to there son that i came to seperate family  members,he always thinks so..my in laws always say DIL is not good and character is bad...i donno wat went wrong..from marriage on wards they ve done this....my MIL  she shouted and created disturbances on day of wedding later asked me to leave my jewels gold and silver articles with her..but i dint ...thats first and last i said no  to her...now i feel , i done right ...they provoke there son on me and my family ...wat aa parents  :( i stopped speaking to them but am still with my husband, he treats me bad, but  marriage is one time thing for me ..lets see wat going to happen.. i forgive all of them..i just pray for god that every thing be good..my  in laws should treat me as daughter and realise wat kind of illusions they made on me and my family...

Same is the case with wives Ranee,

Many times husband's old in-laws are not innocent as claimed. A wife if abusive if her parents intigates her then things go worse.Daughter of a innocent and principled parents never can do wrong to his husband.

Yes you are true Never Give up..

but 498A applicable only for girls in-laws..not for hubby's..