Ganesh Kumar (Law student ) 21 March 2013

Protection against 498a

My cousin brother got married in December 2012, after marriage his wife accompanied him to his residence and stayed for 4 days and left for her village under the pretext that she would not return and pull on with him if his parents, Sister and/or other relatives stay with him.

His father is 70 years old and a heart patient and my cousin brother is the only son.

He did not acceed to her demand because he has to look after his old parents.

Now almost One Year Four Months have elapsed and his father underwent openheart surgery. Unfortunately she (Cousin's wife) lodged a police complaint under section 498A and 406 against my cousin, his parents, his sister, brother-in-law, and other gentlemen who have many times tried to comprise the issue.All of them were summoned by police.

She alleges that Rs. 5.00 lacs were given as dowry which is unfounded and false.

At this juncture my cousin along with other persons except parents (because of post operative stage) have attended at the police station. Under compeling situations and police threat my cousin entered a compromise to bring her against his will, She also the compromise letter as her allegations are false.

He is totally unwilling to live with her and is willing to go for a divorce.

Now the question is :- "Can he go for a divorce and is there any recourse against section 498A for an innocent and sincere husband ?".

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Originally posted by : Ganesh Kumar
	My cousin brother got married in December 2012, after marriage his wife accompanied him to his residence and stayed for 4 days and left for her village under the pretext that she would not return and pull on with him if his parents, Sister and/or other relatives stay with him. His father is 70 years old and a heart patient and my cousin brother is the only son. He did not acceed to her demand because he has to look after his old parents. Now almost One Year Four Months have elapsed and his father underwent openheart surgery. Unfortunately she (Cousin's wife) lodged a police complaint under section 498A and 406 against my cousin, his parents, his sister, brother-in-law, and other gentlemen who have many times tried to comprise the issue.All of them were summoned by police. She alleges that Rs. 5.00 lacs were given as dowry which is unfounded and false. At this juncture my cousin along with other persons except parents (because of post operative stage) have attended at the police station. Under compeling situations and police threat my cousin entered a compromise to bring her against his will, She also the compromise letter as her allegations are false. He is totally unwilling to live with her and is willing to go for a divorce. Now the question is :- "Can he go for a divorce and is there any recourse against section 498A for an innocent and sincere husband ?".

Protection against 498a how?

Apply for anticipatory bail, take AB and be ready.

Cannot get AB, go underground, avoid arrest, later appear before court when you get bail.

Ask parents to file a affidavit in court that they have disowned you, so that they cannot be arrested.

Can beg before wife and her parents to withdraw such and such case.

JASWANT VIJAY AGNIHOTRI (AIR ARMY) 21 March 2013

keep patience and get AB, what is the wife education and her father job. what the husband do, go to the ''498a.org''

after AB convience the police and tell the truth, judges also knows the fact. but be prepared for any other fact.

track the way of her every movement, she may be in illegal relation. collect the evidence and be strong and don'y give any money to her,

to file the divorce wait for the chargesheet of police to be filled in court.

Advocate M.Bhadra 21 March 2013

ORIGINAL ADVICE GIVEN AT www.498a.org, you can surf also this site:

Make a detailed statement (with every detail you can think of, do not worry if the document becomes lengthy one) about your innocence and handover to police commissioner in writing (copies to SHO your local police station, ACP your local police station, DSP your local police station and a copy to ACP of her local police station. State in the document that you are under threat of "Falsely Implicating you, your parents and relatives in Dowry related and other criminal cases". If possible mention Blackmailing etc. This is sort of Advance Declaration from your side about your situation and your problems. This will be your weapon to defend their allegation.
If you have any evidence, file a complaint in police station and get a stamped copy, if not possible send through registered post. Then move to court and try to register the same under criminal procedure 156(3), for necessary investigation.
If the complaint made in police, CAW cell , try to get the copy and apply for Anticipatory bail , court notice for protection whatever applicable as per your state , at any cost you or your family member should not surrender to police , once you are able to get the bail , they will be under pressure . Collect all the related judgments, from Supreme Court and high court, to get the bail easily.
Always ask the bail for family members first (except husband) . Once the same achieved , then apply for the bail for husband in lower court , lower court will may reject it , move to session court ( may reject it ) , move to high court ( may reject it ) , then move to supreme court , we are here to help you out.
Normally at High court it self the bail or arrest stop judgment gives, as they know Supreme Court Judges are not fool. In case of TADA/POTA also people get bail, this is a family dispute only.