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INDIAN PENAL CODE (IPC), SECTION 498A : Husband or relative of husband of a woma
n subjecting her to cruelity : Whoever, being the husband or the relative of the
husband of a woman, subjects such woman to cruelty shall be punished with impri
sonment for a term which may extend to three years and shall also be liable to f
ine. 498a is a criminal offense. It is cognizable, non-bailable, and non-compoun
dable offense.
If you are already married and fearing of a false 498a case - please go through
each of the links below. I understand it may be boring, but it can save you lot
of trouble later. If 498a is imminent - to save your parent, brother, sister, et
c from 498a, you may ask your parent to legally disown you, your parent need to
contact a lawyer to file affidavit in court.
Once your wife files 498a, just go underground, do not get arrested at any cost,
make your lawyer apply for bail for all those people who have been named in the
FIR, surrender to court after bail is denied.
Ideally Police should not register FIR if your wife is living separately from yo
u , so make sure that you have got some solid proof for the same as example you
can send legal notice to your wife to her address asking her to come back. On th
e basis of the notice file the Divorce immediately.
If you are a bachelor looking for a bride or you are looking for a bride for you
r son , for God's sake please be informed about IPC section 498a which can be us
ed to loot your family. Please follow the below checklist to make sure you are n
ot getting a 498a wife or daughter in law. It would be better if you can hire a
detective to gather the informations mentioned below. This would save you from t
he huge humilation, harrasment that your family may face in police custody/jail.
Check whether someone from the girl's father's family or mother's family has dit
ched her husband for trivial reasons and staying in her parent's house
If the girl that you are going to marry is currently having a full fledged relat
ionship with someone who is a frequent visitor to the girl's house - stay away
If the girl is having a relationship with her brother in law or her close relati
ve - stay away
Check whether the girl's family is in deep debt (lot of home loans, car loans) a
nd their income is less than their spending
If both the girl's parent are working , be double cautious , girls with lot of f
reedoms can really be troublesome
Make sure there is not much difference in economic status between your family an
d girl's family
Make sure the girl is a good match to you physically. (example if she is fat and
you are too thin, stay away)
If the girl starts saying things like "I love you ,etc." before marraige , just
do not get melted , 90% of the time she may be just acting as told by her parent
.
if the girl has got a close lawyer relative and the lawyer is not earning much f
rom his practice, be extra cautios. Verify whether the lawyer is ready to fight
a fake 498a case.
If the girl is very hot tempered , better to avoid
If you belive in astrology , for God's sake get both of your kundali matched by
a good astrologer
If you are not taking any dowry , better put in writing that "No dowry was excha
nged in this marriage" in a stamp paper and get it signed by the girl and her pa
rent
Money: The girl and her family can easily walk away with half of your fortune ,
by scaring your family of 498a
Revenge: The girl just want take revenge on you and your sister , mother ,etc.
Guilt: She has done something which she should not have done, so she wants to ge
t out of marriage with good chunk of your wealth, DNA test is not allowed by cou
rt
Still in love with her ex boyfriend
Control: She wants to control you like a slave
Marry boyfriend: She wants to settle with her unemployed boy friend with a chunk
of your wealth
Start gathering evidences in the form of letters, photos, videos and witnesses.
If possible provide money to your wife via cheque , keep a copy of the cheque wi
th you
Write registered letters to DGP of your state,Mahila Commision,etc. and keep a c
opy of them with you - this will save you from arbitary arrest
Apply for anticipatory bail. Get it for all members of your family.
This is a criminal case; get a criminal lawyer with a good reputation, not a div
orce lawyer.
Talk to people around you , send email to tv channel like aajtak,ibnlive ,etc.
Have at least Rs 50000/- cash with you.
In the event of an arrest and bail being denied by the lower court, file 3 appli
cations for regular bail in the lower court, district court and the High Court
Talk to people who have already undergone false 498a harrasment.
You need to start treating your spouse like an enemy. Any weakness shown will co
st your dearly.
After a 498a FIR is filed against your family
Police will start investigating the matter, (means they will try to extract as m
uch money as possible from your family), you should know the following about FIR
:
No male under the age of fifteen years or woman shall be required to attend at a
ny place other than where they reside.
The police officer shall orally examine the person supposed to be acquainted wit
h the facts and circumstances of the case.
A person is not bound to answer those questions, which would have a tendency to
expose him to a criminal charge or to a penalty or forfeiture (Right Against Sel
f Incrimination).
No statement made by any person to a police officer in the course of investigati
on in writing shall be signed by the person making it.
No police officer shall prevent any person from making in the course of any inve
stigation any statement, which he may be disposed to make of his own freewill.
Any police officer making an investigation may, by order in writing ask any pers
on being within the local limits of his own or adjoining police station to come
to the police station for questioning and it is the duty of the person called to
report on the specified time and place.
Such person is bound to answer truly all questions relating to the case put to h
im by the officer. No police officer or other person shall offer or make any suc
h inducement, threat or promise to the person being questioned.
The Police Cannot Torture You Or Resort To 3rd Degree Methods
No female person can be detained or arrested without the presence of lady consta
ble and in no case, after sun set and before sun-rise