When can the section 498a be filed?

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.

Highly educated people when give such public statement it shows how much they are so wrong about family Laws of the land! Women are aware of law made for them. They may not know exact Sections of Act or Code or procedure to file but they know Law is in there favor since the 60’s.

Now I will prove you wrong by below one sentence;

Kindly re-read messages by lots of women queriest here in LCI, they write no doubt all the allegations that they were subjected to as their version of facts and then they add unbeatable Shastric punch line “I want to live with my husband”. Now Dr. Ramani Sir you being so highly educated can tell this forum “why a woman who has been so wronged wants to live with same husband who committed so many atrocities upon her?”

In above real inked illustrations from this very LCI I have not made any divide like you i.e. educated awareness or un-educated woman awareness to create more gender bias in society. I have simply pointed to your mindset which is indeed opportunist medieval and people like you are dangerous for the very society which is being empowered today by State is my observation leave aside two types of people coming to this forum justification which reads as some naive opening remarks in your above observation that you made.

An allegation of 498a / DV Act gets made by whom? By both urban and rural ladies.

How they make it? By assistance of a pleader either directly before a Court or in a Police station.

So how come more education is need of the hour?

Women in India have been given more leverage than men which is reality.

Here is start to un-ending finish for your just eye opener;

1. They have been given choice to abort without consent of their husband. Does husband demand so?
2. They have been given choice to consummate or not consummate a marriage. Can husband demand non-consumation?
3. They have choice to do house chores or join outside work. Can husband ideating?
4. They have rights to take child to natal home without consent of natural father.Can husband bring back his own child? No he will face kidnapping charges first and later acquattal is norm!
5. They can raise demands on stridhan return inspite of it never crossing their natal home lockers from date of marriage. Husband has to spend next 7-10 years proving where damn stridhan rests  or end up giving second set of stridhan just to seek Bail!
6. They have rights to maintenance even if working independently. Here husband has to inference status right before marriage to his so called end of youth that also by way of affidavit!
7. They have rights to alimony even found guilty of adultery. Here husband if just saying hello to a female neighbour ends up in jail for a long time to come.
8. They have right to file FIR on any cause of action which husband donot have. Here husband has to spend on lawyers to pester them to file via S. 156 (3) r/w S. 200 CrPC which is a long route.
9. They have demands on husbands self earned post marriage properties without contributing single penny towards it. Here husband starts shelling more on stamp duty to pass on property to sister / brother or even to a donky just to save his hard earned property.
10. They have right to declare husband and his relatives ‘guilty’ even before prosecution starts it first opening sentence in a Court of Law. Do you have any parallel from anywhere in the world to such typical prosecution of a husband?
11. They have rights to claim residence at In Laws properties even right after day 1 of marriage it was never established as ‘matrimonial home’. In laws may even end up in hospital who cares since DIL is rightful owner is what education brings ideas about.
12. They have rights to claim punitive compensation towards imaginary ‘mental cruelties’ and medical damages. That is the reason mental cruelties definition is left incomplete.
13. They have right to say no to divorce when husband files one. Husband ends up early to death bed.
14. They have right to State born prosecution whereas husband donot have such luxuries to opt in. Husband has to beg, borrow or sell his kidney / liver to meet high litigation cost pan India.
15. They have right not to disclose natural father’s name in school admission form of child which a custodial father in similar situation does not have.
16. They have right to remain unknown during criminal prosecution where as husband (male) name identity with pic. is national database as some national hall of fame.
17. They have right to claim prosecution for failed engagement whereas a would be groom / his side can never dream of such failure of her parts.
18. Ex wife has been given right to share pension of ex husband even post divorce. How many govt. servant pensioner wives were given such direction?
19. Ex wife can seek continuation of alimony payment from previous husband as well as present husband in her second marriage. How many husbands managed even interim maintenance from their wife leave aside alimony?
20. Under change of circumstances ex wife can claim once again maintenance enhancement as well as revision in alimony other than right to residence be provided to her all post divorce. Do ex husband have such luxuries?
21. Wife has been given choice to join her lover during her subsisting marriage by Court of law. Does a husband afford such luxuries?

22. A widow DIL has right to maintenance from In Laws as well as right to residence at in-laws registered home. How many poor widow husbands can dream of getting similar treatments from dead wife's family?
23. A wife can raise cause of action from whereever she currently lives and husband has to run thousands of kms. to service cause title. How many husbands got such luxuries to raise cause title in their ordinary residence jurisdiction?
24. A mother (wife) can refuse visitation of child to its own natural father citing XYZ allegations. How many custodial natural father can dream of refusal to natural mother?
25. A custodial mother under agreed visitation plan has been given right to distrub visitation by moving ordinary residence to tens of thouands of kms. away and Court favors such movement and as largese to natural father orders once in a year we modify visitation and top it up with supplimentary order directing natural father to meet conveyence to see his own child!
26. When wife files divorce Court grants them and also orders husband to pay hefty alimony. Do husband filing divorce have such luxuries i.e. atleast of divorce decree leave aside dream of getting litigation cost?
26. STATE enacted laws states both ‘giving’ and ‘taking’ dowry is crime. Yet when DP Act is filed by husband who has not taken dowry against wife and in-laws he is told common man, WE give your wife ‘protection’ from prosecution and hearing your dancing agitation before us we revive old Shastric Laws and purify your agitation by mentioning (emphasis) here that ‘somehow marriage of a woman in India is so difficult without dowry giving and even if your wife’s father gave dowry he wanted to see his daughter happy’ so here WE give protection to your FIL and all your wives relatives who gave dowry too!!!!. Now do you want divorce or shall we prosecute you for ‘taking’ dowry bze here in your affidavit you mentions that wife says she gave dowry so unless ‘giving’ is there ‘taking’ only follows and as per Queens Court Lord Irwin said such and such in such and such Judgment where he described word and phrases……..blah blah! Such luxuries only in Indian sub-continent educated and un-educated wives can receive protection from STATE and no where else you will hear such r@pe of ‘gender equality’ as someone wrote in most dented and painted Constitution!.  
27. STATE only sees 2 OK legs and 2 OK hands r/w 2 OK eyes / ears / nose / tongue of a husband when maintenance cases comes before HER of a un-employed husband and even sends him to jail for not meeting maintenance to a wife. Whereas when a highly capable wife comes before HER against whom maintenance is being sought by above characteristic husband she is seen only through a veil and said how can she work to pay maintenance in gender neutral S. 24 HMA!
27.1 I could add more here but then I have been called to r@pe law discussion in a social community to speak on ‘why certain sections of activist who started the Delhi stir are themselves against stringent penal actions against r@pe accused persons’ in today’s context….so Oh Lord Ramani I respect you but excuse me for today, we will continue this agenda on some other occasion…………………
etc.

I will end my rebuttal for now with another reality speak for you; “You have problem about low n ational conviction rate that is all and nothing else.”

For your info.

STATE publishes and says some 99,135 cases under S. 498a IPC alone were filed in the year 2011 by national ladies.

STATE publishes and says some 63,805 cases under DV Act alone were filed in the year 2011 by national ladies.

And yet you talk of millions of ladies, common ld. Dr. Ramani I expected better adjudication of controversies in hand especially from highly educated scholar.

@TAjobs.........sir your reply is fantastic!! every bit of information is valuable and informative. hats off to you!!

Thanks Tajobs, as usual spot on in highlighting it. Dr. Ramani tried to be a feminist and not realising modern world is mean for money by any mean and wives ( of course not all,) knew in both urabn and rural areas. I was of the opinion that rural women do not take up 498a. but to my astonishing , my native  a remote rural village with 100 family, 8 family complained in PS and all of them got share in property by settelement. 

So the problem is the law with biasis, when something is biased towards any one specific aspects, that cannot be called as law, because the very basis of the law is to be nuetral.

 Highly educated people when give such public statement it shows how much they are so wrong about family Laws of the land! Women are aware of law made for them. They may not know exact Sections of Act or Code or procedure to file but they know Law is in their favor since the 60’s.

I am not highly knowledgeable in law and that is why I style myself as “Scientist and Engineer” in this lawyer’s forum. Dear Mr. Sanjeev Pawar, will you not thank me too?  You got yourself educated only because I provoked Mr. Tajobs India with my questions and statements. It is an art how to derive knowledge from knowledgeable persons. I not only derive knowledge, but also vet.

Now I will prove you wrong by below one sentence;

Kindly re-read messages by lots of women queries’ here in LCI, they write no doubt all the allegations that they were subjected to as their version of facts and then they add unbeatable Shastric punch line “I want to live with my husband”. Now Dr. Ramani Sir you being so highly educated can tell this forum “why a woman who has been so wronged wants to live with same husband who committed so many atrocities upon her?”

Women of traditionally trained families do not want to leave a marriage. Also they believe that a woman should be a “pativrita”. Anyway that does not mean that they should not speak out. There are also their male counterparts who want to live with their wives.

In above real inked illustrations from this very LCI I have not made any divide like you i.e. educated awareness or un-educated woman awareness to create more gender bias in society. I have simply pointed to your mindset which is indeed opportunist medieval and people like you are dangerous for the very society which is being empowered today by State is my observation leave aside two types of people coming to this forum justification which reads as some naive opening remarks in your above observation that you made.

I did not mean the general public. I meant only the members who participate in debates on Family Law posts. I have got brickbats from the female brigade also. I do not know whether you remember that once both of us together were comrades in arms against a virulent female brigade. In case you do not recollect, please visit

https://www.lawyersclubindia.com/forum/details.asp?mod_id=42273&offset=4

An allegation of 498a / DV Act gets made by whom? By both urban and rural ladies.
How they make it? By assistance of a pleader either directly before a Court or in a Police station.
So how come more education is need of the hour?
Women in India have been given more leverage than men which is reality.

Most parents of girls in this country are not aware of existence of laws in their favour and hence advise their daughter to suffer in their marital home. Aggressive feminist females are very very few. Most do not dare.. Even with all laws in favour of women, why there are cases of female feticide?

  A young girl, say, 20 years of age does not know anything about either 498A or D. V. Act, when she goes to her matrimonial home. If she is ill-treated by her husband or in-laws and complains to her parents or brother, they would tell her that it was only temporary and everything would normalize in course of time. Then one day they hear that either the girl committed suicide or accidentally got burned in the kitchen.

I am a fairly knowledgeable person. Still until I joined LCI two years back, I knew nothing either about 498A or D.V. Act.

Here is start to un-ending finish for your just eye opener;

1. They have been given choice to abort without consent of their husband. Does husband demand so?

The husband doesn’t become pregnant; hence the question does not arise. A husband can get himself sterilized without either the knowledge or permission of the wife.

2. They have been given choice to consummate or not consummate a marriage. Can husband demand non-consummation?

The choice is same for both.
3. They have choice to do house chores or join outside work. Can husband ideating?

Well! It is the husband who thinks doing house chore is below his dignity. Working women are required to do house chores even after they return from their work.
4. They have rights to take child to natal home without consent of natural father. Can husband bring back his own child? No he will face kidnapping charges first and later acquittal is norm!

This depends on court decision on child custody. If the court gives custody to husband, what you say above can get reversed.

5. They can raise demands on stridhan return inspite of it never crossing their natal home lockers from date of marriage. Husband has to spend next 7-10 years proving where damn stridhan rests or end up giving second set of stridhan just to seek Bail!

These differ from case to case.
6. They have rights to maintenance even if working independently. Here husband has to inference status right before marriage to his so called end of youth that also by way of affidavit!

Some lawyers have stated here that if the woman was working and had adequate income, the court will not order alimony for her..
7. They have rights to alimony even found guilty of adultery. Here husband if just saying hello to a female neighbour ends up in jail for a long time to come.

This law was enacted by the British in the 19^th century. I have given the reason for that in other posts. What the legally wedded wives of Bonny Kapoor and Dharmendra could do?
8. They have right to file FIR on any cause of action which husband does not have. Here husband has to spend on lawyers to pester them to file via S. 156 (3) r/w S. 200 CrPC which is a long route.

This is the chore subject of our debate and has been answered in different ways.
9. They have demands on husbands self earned post marriage properties without contributing single penny towards it. Here husband starts shelling more on stamp duty to pass on property to sister / brother or even to a donky just to save his hard earned property.

Has this law been enacted?
10. They have right to declare husband and his relatives ‘guilty’ even before prosecution starts it first opening sentence in a Court of Law. Do you have any parallel from anywhere in the world to such typical prosecution of a husband?

This is the same thing repeated in a different way.
11. They have rights to claim residence at In Laws properties even right after day 1 of marriage it was never established as ‘matrimonial home’. In laws may even end up in hospital who cares since DIL is rightful owner is what education brings ideas about.

When a young woman leaves her parental home and comes to the matrimonial home, she is in strange surroundings. She has already left her parental home. Now if she is pushed out where will she go.
12. They have rights to claim punitive compensation towards imaginary ‘mental cruelties’ and medical damages. That is the reason mental cruelties definition is left incomplete.

In some cases men also have similar rights.
13. They have right to say no to divorce when husband files one. Husband ends up early to death bed.

Ordinarily a woman suffers more in the event of a divorce.
14. They have right to State born prosecution whereas husband do not have such luxuries to opt in. Husband has to beg, borrow or sell his kidney / liver to meet high litigation cost pan India.

This is repetition of the same thing in different words.
15. They have right not to disclose natural father’s name in school admission form of child which a custodial father in similar situation does not have.

 People like N. D. Tiwari could claim innocence until recently. Now there is technology to the rescue of women. What the mother of his natural son, who filed paternity suit, would have given as his father’s name in school?
16. They have right to remain unknown during criminal prosecution where as husband (male) name identity with pic. is national database as some national hall of fame.

In such cases the male is the accused and the female is the victim. Society is unfair to such women. In a rape case, the husband may abandon her if she was married. If she was unmarried no one will marry her. It is not so for men.
17. They have right to claim prosecution for failed engagement whereas a would be groom / his side can never dream of such failure of her parts.

 Is there a female favoring law here?
18. Ex wife has been given right to share pension of ex husband even post divorce. How many govt. servant pensioner wives were given such direction?

Husbands of Government servant wives get quarters not only for himself but  for his parents also to live. They also get sumptuous medical facilities afforded by the Government to the family of the female employees
19. Ex wife can seek continuation of alimony payment from previous husband as well as present husband in her second marriage. How many husbands managed even interim maintenance from their wife leave aside alimony?

 This is disputable.
20. Under change of circumstances ex wife can claim once again maintenance enhancement as well as revision in alimony other than right to residence be provided to her all post divorce. Do ex husband have such luxuries?

This is again a repetition in different words.
21. Wife has been given choice to join her lover during her subsisting marriage by Court of law. Does a husband afford such luxuries?

lease enlighten me which is the law here.

22. A widow DIL has right to maintenance from In Laws as well as right to residence at in-laws registered home. How many poor widow husbands can dream of getting similar treatments from dead wife's family?

Generally it is the man who earns and not the woman.
23. A wife can raise cause of action from where ever she currently lives and husband has to run thousands of kms. to service cause title. How many husbands got such luxuries to raise cause title in their ordinary residence jurisdiction?

Generally marriage takes place in the place of residence of the bride.

1. You do enjoy 50 shades of women and rest 50 shades are that of men and do craftily handle such discussions after empowering most misunderstood family law by non-parishioners in such public debates.

2. I also accept your rejoinder and leave them to a stage where we may meet again in this forum on some other cause title discussion(s) probably? Until then I reiterate by acknowledging your understanding and then leaving this thread topic discussion with above opening observations as is where is! 

PS: I’m not shy to read down the shades and volunteer to compensate much deserved ‘thanks’ to you

Hi amit, 

Thanks for the reply. I have below questions regarding your answer.

1) these cases can be filed belatedly also. - My Question is, how belatedly they can file? Within a year, or within 3 months or within 6 months or how soon?

Hi TaJobs, 

Can the bail be granted for case filed under section 498a? Are you sure?

The time defined is 3 years as per CrPC 468 from the date of last incident.

However, as most of the cases are false, so one more incident closer to the FIR date would give a timespan of any number of years.

Regards,

Shonee Kapoor

Yes, it can be granted.

Regards,

Shonee Kapoor

Dear Ramani Sir,

I am not highly knowledgeable in law and that is why I style myself as “Scientist and Engineer” in this lawyer’s forum. Dear Mr. Sanjeev Pawar, will you not thank me too?  You got yourself educated only because I provoked Mr. Tajobs India with my questions and statements. It is an art how to derive knowledge from knowledgeable persons. I not only derive knowledge, but also vet.

Though I agreed at all other points, this statemenst is not applicable to educated career pursuing women in metros or atleast one in their  close family circle knows this laws. Only women moved toMetros from other cities take time to understand or get help of lawyers.