When can the section 498a be filed?

How exactly one can be "vigilant" against 498A? Is there any pre-emptive action one can take?

Hi 

How can one file case for the some crime happened long back? Where can such case be filed ? - In court or in Police Station? 

If they can file case in Police Station - Dont police ask Why lodging complaint so late and what is the proof? In that case, will they arrest me?

1) these cases can be filed belatedly also.

2) she can lodge FIR in police station or

3) she can make private complaint to magistrate.

for further information read : 

https://www.lawyersclubindia.com/forum/Ease-of-ab-in-406-498a--72432.asp#.UOFZ_-QTGNU

Following are WARNING SIGHNS of an Abusive Personality and Future 498a

If your wife / her family is displaying a combination of these behaviors, then you may have a potential 498A mis-user on your hands.

1. Family: Is newly-rich; Likes to show-off (their house / cars / paintings / relatives / connections, etc.); Related to politicians / bureaucrats / lawyers / judges / police officers; Has a history of filing cases  against anybody and everybody (search the website of the courts in their State of residence); Beats up its employees; Lives beyond its means; Mother's face cannot be seen beneath the layers of

cosmetics; Father acts like a 'Brown Sahib'; Girl/her sister has been in more than one previous  relationship, etc.

2. A push for a quick involvement: Comes on very strong, claiming, "I've / We've never felt loved like this by anyone/or so close to anybody." An Abusive woman / her family pressures the man/his family for an exclusive commitment almost immediately.

3. Jealousy: Excessively possessive; calls constantly or visits unexpectedly: prevents you from going to work because 'you might meet someone;" smells your jacket for perfume residue, checks your shirt collar for lipstick marks and goes through your pant pockets.

4. Controlling: Interrogates you intensely (especially if you're late) about whom you talked to, and where you were; wants her name on all your assets/control all the money.

5. Unrealistic expectations: Expects you to be the perfect man and meet her and her family's every need.

6. Isolation: Tries to cut you off from family and friends; accuses people who are your well wishers of "causing trouble."

7. Blames others for problems and mistakes: The boss/the employee, her ex-boyfriend / ex-husband, it's always someone else's fault if anything goes wrong.

8. Makes everyone else responsible for her feelings: The abuser says, "You make me angry instead of, "I am angry' or, "You're hurting me by not doing what I tell you." Less obvious is the claim "You make me happy."

9. Hypersensitivity: Is easily insulted, claiming that her feelings are hurt whenshe is really mad. She'll rant about the injustice of things that are just part of life.

10. Cruelty to animals and to children: Kills, maims (e.g., tears the wings off a butterfly) or punishes animals brutally (e.g., by kicking them till they bleed). Also may expect children to do things that are far beyond their ability (makes an 18 month old stand in a corner or whips a 2-year-old for wetting a diaper) or may tease them until they cry.

11. "Playful" use of coercion during s*x: Enjoys initiating and controlling s*x, stimulating herself and teasing; asks about your s*xual fantasies.

12. Verbal abuse: Constantly criticizes you/your family, orsays blatantly cruel, hurtful things; disgraces, curses, calls you/your family ugly names. This may also involve sleep deprivation, waking you up with relentless verbal abuse.

13. Rigid s*x roles: Expects you to serve and obey her / her family.

14. Sudden mood swings: Switches from sweetly loving to explosively violent in a trotter of minutes or even more confusing, within seconds. You feel as you are walking on "eggshells" around her.

15. Past behavior: May not actually admit to hitting men in the past (but may write it in her journal / diary and says they made her do it or the situation brought in on).

16. Threats: Makes statements like, "My parents will support me even if I murder someone," or "A woman is always right/the system should always believe the woman" or "I will cut you up the way a fisherman slices fish" and then dismisses them with, "Everybody talks that way," or "I didn't really mean it." If she has come this far, it is time to get help and get out!

Abusive and Violent Women in Relationships

- Recognizing the Signs -

Abuse and violence are behaviors chosen by a woman to cause physical, s*xual, or emotional damage and worry or fear. Women who behave this way are often promiscuous, selfish, and narcissistic. Such a woman uses her moods, rage, and impulses to control the people around her and she is not satisfied until they have noticed her. These women choose deceit, fury, and assault to get their own way and then revels in the addicting exhilarating emotional unrest they create. Others, more insidiously, present a personable public image to conceal their true character and behavior.

These women lie, connive, and extort. To insult and humiliate their partner, some argue and use offensive language in the presence of others including their children. Many steal or destroy their partner's possessions. These women are driven by jealousy and view others as rivals. They treat their partners as possessions and strive to isolate them from friends and family.

Many abusive women falsely accuse their partners of infidelity while they have affairs. These women often abuse children or animals. Nearly all exhibit erratic mood changes, feign illnesses or injuries, and most are practiced actresses. They are not sick; they play the triple roles of a terrorist, a tyrant, and a victim.

At some point, she will falsely accuse her husband or partner of a crime. False allegations of child abuse continue to be a common feature in divorce proceedings and the courts ignore the problem. Now, the domestic violence accusation has become the woman's weapon of choice. Apart from the monetary and property gains, domestic violence is so easy to fabricate and these women crave the pleasure that comes from destroying their husband or partner.

Persons who have experienced an abusive relationship often experience fear or shame or bewilderment. They have tried everything and nothing works. These people have found themselves not knowing what will happen next, riding on an emotional roller coaster that they cannot escape. Most are sad, depressed, humiliated, and just plain exhausted. Many have lost everything they had in the world and are worried about their future. However, these women have no limits. Their outrageous behavior escalates to unbelievable levels and so, no one believes the victim. Once your wife or companion has chosen abuse or violence, end the relationship promptly and irrevocably. U.S. and British studies support this view. Domestic battery, theft, and destruction of property are private and civil wrongs. The victim can sue for damages. Get a restraining order now and change the locks, sue in civil court now and, when the assailant is your spouse, file for divorce now.

When faced with the breakup of a relationship, especially a marriage, some women become vindictive, and abusive women become very dangerous. When others (friends, relatives, police, attorneys, and judges) believe her, they join in, and the frustrated husband or partner finds himself a victim of undeserved hatred, defamation, and abuse.

The other dangers are that some women kill their partner, or the partner's new companion, or the children, or the relatives, or stage unsuccessful suicides. Sometimes, women fake or inflict injuries on themselves, or use an accomplice, a relative or new lover, to frame her husband or partner. The most common behaviors are pressing false criminal charges, stealing or destroying property, snatching children, and engaging in bad faith litigation.

In divorce, husbands must treat their abusive wives with steeled resolve and the courts must understand this. These women cannot see and reason beyond themselves, so negotiation is impossible. Mediation is pointless. Unfortunately, the legal process regarding divorce requires negotiation and mediation providing yet another way for these women to abuse their husbands. Husbands must not accept telephone calls, conversation, visitations, reconciliation, or appeasements from these abusive wives for this only bolsters their belief that they remain in control of their husbands. The court must realize that these women have no limits and derive pleasure from destroying their husbands. Only unswerving firmness of purpose shows these women that their power has ended.

Sir,

will giving a written statement about the facts serve the purpose of pre-emptive action against 498 ?
can she still later complain ??

Hi Harsha, 

I would suggest instead of finding ways to defend youself from impending 498a, which you apprehends to be filed by wife, you should focus on saving your marriage. If case is filed both the families would suffer. Why not try to figure out the reason behind your wife not being compatible. Try to patch up with her, bring her back, meet some counsellors. Marriage is the most pious relation and it should not be ruined so easily. 

Vera, 

We tried to contact her and her family. All kind of communication are cut from their end - even through her relatives. 

Even I went personally with my relatives to her home. They are not even bothered to talk to us.  I dont want to ruin it as you said. I want my wife back and enjoy life with me. 

and it should be two way.  But I think, neither she or her family do not wish to continue further. So I am asking these question in order to understand what they can do and how they can do anything if they wish to do against me. 

If you have been sincerely trying to patch up and your wife is the one who deserted you then its your wife who is at fault. Start writing letters/ e-mails to her to join you and have peaceful life. Don't worry if your wife files false cases just to harass you  she is not going to win, At the same time it is also important that you must focus on your work and health, such family issues may lead to depression.

Keep sending letters/ emails showing your intentions to work the relation out. Do it via registered post, keep a record....

Yes She may file a 498a any time, If you doubt her actions, be tentatively prepared for actions...

Regards

Chetan(dot)7679(at)gmail(dot)com

Some people treat a Registered letter like a lawyer notice, which is not desirable. So first write letters only under certificate of posting without writing "Under Certificate of Posting" on the cover. If no replies are received, send the next letter by Registered AD, stating in the letter itself the reason for sending by Registered Post. If the letter returns undelivered that indicates the end.

The advice of Tajobs India is too long and exhaustive. The advice appears to be for those who are not yet married and intend to get married. It can also happen that one spends his whole life studying the advice only and never getting married.

Still no one has written what pre-emptive action can be taken against 498A.

What do you mean by saying that she is not interested in giving satisfaction? Do you mean s*xual satisfaction? Generally the society norms make one believe that s*x is a dirty thing which decent people do not engage in. Many girls (some boys too) are brought up with such ignorance and get married without knowing the purpose of marriage. They resist advances made by the husband. In such cases the girl's parents should be told about it and asked to advise their daughter property. Even when the girl returns home, she may not disclose to her parents the real reason.

If you in your wisdom think one should only know about pre emptive action and not understand the tell tale signs before hand leading to filing of S. 498a IPC then be it so. You think just one liner as reply when one omits reading signs in continuous matrimony are sufficient then I will now give you exactly a one liner.

1. Pre-emptive action is seeking Anticipatory Bail under S. 438 CrPC.

Now keep guessing without understanding tell tale signs of a wife / her side of family leading to filing of S. 498a IPC as in what is the law concerning Anticipatory Bail? When can an Anticipatory Bail be granted? When can an Anticipatory Bail be not granted? How to obtain an Anticipatory Bail and finally what is the need for such a provision vis-à-vis S. 498a IPC?

That is what happens if one merges SCIENCE into Matrimonial Laws which is pure social ART J

It is Mr. Harsha who wants to know what pre-emptive action can be taken against 498A. After long debate now only Mr. Tajobs India is advising anticipatory bail. Probably now Mr. Harsha can try that.

As the wife's party is refusing to communicate, can Mr. Harsha file for restoration of conjugal rights. Can the wife be compelled to talk to her husband through a counselor? When such communication goes on through a mediator, can the opposite party stealthly make a 498A complaint?

I suspect Mr. Harsha has not disclosed the whole truth.

I believed law is a science. When it becomes an art in the hands of some lawyers, justice gets denied.

Here there are two types of members. On the one side there are females, who have suffered at the hands of their husbands and/or in-laws and on the other side are the husbands who have suffered at the hands of their wives and their people. When a wife posts a complaint, the females start fighting for her and the males suspect her bona fides. The situation is exactly the other way when the complainant is a husband.

The DV Act and 498A are draconian no doubt, especially the latter. But the pity is that millions of women, who need it, do not know that there are laws in their favour and suffer at the hands of husband and in-laws. Some vily lawyers help the crooks among women.

There is a need to educate ignorant women about the laws in their favour. Cinemas and TV serials atrociously meddle with the concept of laws.