Seeking guidance

It is really unfortunate that the laws made for the betterment of social life are misused; if she will file complaint unders section 498A and related sections your friend as well as his family will be in trouble,till they will prove the complaints are false they had to face hell of pains. The family of your friend seems educated and decient, it is better to involve some respected members from both the families and setlle this problem. It is unfortunat as such acts starin the smooth domestic life, i don't understand when a wife or husband allegate upon each other how can they live with love and serenity in life.

Try to look for some soultion without intervention of legal means. 

Legal means ; i mean courts and police

Sir, After throughly going through the IPC 1860, i came to the conclusion that we have an opportunity to file a case under section 498A against woman also, with the support of 420. 

To start with first we have to look that what this word marriage means. ‘Marriage is the voluntary union for life of one man and one woman to the exclusion of all others.’ It is a social institution where husband has the responsibility to take care and maintain his wife. He cannot neglect his duties. But on this great institution a stigma called ‘dowry’ still exists. Women are ill-treated, harassed, killed, divorced for the simple reason that they didn’t brought dowry.

        For safeguarding the interest of woman against the interest of woman against the cruelty they face behind the four walls of their matrimonial home, the Indian Penal Code,1860(herein after referred to as I.P.C.) was amended in 1983 and inserted S.498A which deals with ‘Matrimonial Cruelty’ to a woman.

        Matrimonial Cruelty in India is a cognizable, non bailable and non compoundable offence. It is defined in Chapter XXA of I.P.C. under Sec. 498A as:

Husband or relative of husband of a woman subjecting her to cruelty.
Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine. 
Explanation – for the purpose of this section, "cruelty" means:
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or 
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demands for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.[1]

        The section was enacted to combat the menace of dowry deaths. It was introduced in the code by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). By the same Act section 113-A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide by married woman. The main objective of section 498-A of I.P.C is to protect a woman who is being harassed by her husband or relatives of husband.

To start with first we have to look that what this word marriage means. ‘Marriage is the voluntary union for life of one man and one woman to the exclusion of all others.’ It is a social institution where husband has the responsibility to take care and maintain his wife. He cannot neglect his duties. But on this great institution a stigma called ‘dowry’ still exists. Women are ill-treated, harassed, killed, divorced for the simple reason that they didn’t brought dowry.

        For safeguarding the interest of woman against the interest of woman against the cruelty they face behind the four walls of their matrimonial home, the Indian Penal Code,1860(herein after referred to as I.P.C.) was amended in 1983 and inserted S.498A which deals with ‘Matrimonial Cruelty’ to a woman.

        Matrimonial Cruelty in India is a cognizable, non bailable and non compoundable offence. It is defined in Chapter XXA of I.P.C. under Sec. 498A as:

Husband or relative of husband of a woman subjecting her to cruelty.
Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine. 
Explanation – for the purpose of this section, "cruelty" means:
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or 
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demands for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.[1]

        The section was enacted to combat the menace of dowry deaths. It was introduced in the code by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). By the same Act section 113-A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide by married woman. The main objective of section 498-A of I.P.C is to protect a woman who is being harassed by her husband or relatives of husband.

Wife or relative of wife of a man subjecting him to cruelty.        like this we are going to apply.

Please, to my limited knowledge!!: -

1. At first instance, immediately ask the boy and the parents to lodge a diary before the police against them.

2. And also pass the information to the boy's District Magistrate's office as well.

3. Simulteneously send a legal notice to the wife asking her not to disturb or threat your client else necessary legal actions will be initiated and your client wants to settle any allegations amicably in presence of each other parents. Also mention to state her proposed time and date when they want to sit jointly.

4.  In the meantime, let the husband reside separately till this settles amicably, if not please initiate for filing divorce petition on the relevant grounds.

Sec498 and Sec498A are provided for the genuinely suffering women. But it had been very much misused illegally and presently the Court's consent is also not required by Police' If Police is one sided or partial the husband and husband.s family could be is Soup very easily.The Anticipatory bail could be the only remedy but a long term legal battle would be awaited.

In earlier days the families of bride and bridegroom used to visit each other's residence with all their relatives and friends and which would help in understanding  and if any hurdle is there the proposal would be dropped. But these days alliances are seeked thro websites and miseries and mysteries were invited.

Dear Experts  Thanks for your Reply. Please confirm whether it is advisable to deposit the jewels given by the girl's parents in Court  when no case is pending please.