What precautions should be taken to avoid false dowry cases
2 years ago
I have been married since two months, my wife recently accused my father of eve teasing, and went to her parents house, all this was a misunderstanding but now they are threatening for fake cases of dowry and rape, there are only me , my father amd brother in family, its a very uncommon situation for us , what precaution should we take yo avoid this.
A.Dear Sir,
You may apply and get anticipatory bail even prior to filing of FIR.
Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions
Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?
A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm
Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.
Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.
Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.
Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
More FAQ’s on request.
Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609
Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.
Show up a smiling face to them. Your happy face will provide them the strength.
Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do?
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor.
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction.
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You may apply and get anticipatory bail even prior to filing of FIR.
Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions
Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?
A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm
Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.
Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.
Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.
Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
More FAQ’s on request.
Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609
Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.
Show up a smiling face to them. Your happy face will provide them the strength.
Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do?
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor.
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction.
Rate me Five Star*
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Vaidehi Samant
Responded 2 years ago
A.Dowry and rape cases required to be proved which is a big legal hassle but eve teasing can be filed hence better meet your wife and try to explain her in nice way to stop all this nonsense if she really wants to keep a healthy married life with you and such false cases will lead nowhere, may be you can take her to marriage counselor, and may be offer to stay separately from your father and brother only if you deem fit and if your wife is ready to mend her ways. Please note that if your marriage is registered under Hindu Marriage Act than upto one year divorce can't be filed and even 6 months after filing parties require to wait. Thank you.
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DEV PANDEY
Responded 2 years ago
A.If your wife has left her matrimonial home , talk to her and your in laws , go to her parental house along with some mediators who are friends of your in laws family or of both the families and try to bring your wife back to your own home .
If some she and her parents refuse to bring your wife back or even creates some nuisance or threatening , come back but after filing an informatory petition before the Judicial / Metropolitan Magistrate of that locality , stating all facts and take out a copy thhereof.
2nd Immediately after your return Talk to your wife on telephone , email her / your inlaws / post letters through speed post requesting and convincing her about her saftey and security in your home and also about misunderstanding if any and continue this for a week . All such endeavours may convince her to return back her matrimonial home .
Even if all these go in vain , then take the copies of all documentory records (letters/ emails/ informatory petitions ) hire a lawyer to make out and immediately file a case for restitution of conjugal rights in Family Court under whose jurisdiction you reside .
All such endeavours will be an evidence of your bonafide which will strengthen your stand if your wife or in laws innstitute false case against you and your family members .
If some she and her parents refuse to bring your wife back or even creates some nuisance or threatening , come back but after filing an informatory petition before the Judicial / Metropolitan Magistrate of that locality , stating all facts and take out a copy thhereof.
2nd Immediately after your return Talk to your wife on telephone , email her / your inlaws / post letters through speed post requesting and convincing her about her saftey and security in your home and also about misunderstanding if any and continue this for a week . All such endeavours may convince her to return back her matrimonial home .
Even if all these go in vain , then take the copies of all documentory records (letters/ emails/ informatory petitions ) hire a lawyer to make out and immediately file a case for restitution of conjugal rights in Family Court under whose jurisdiction you reside .
All such endeavours will be an evidence of your bonafide which will strengthen your stand if your wife or in laws innstitute false case against you and your family members .
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Dekhiye kisi ko bhi case karne se nhi roka jaa sakta hai. Iske liye aap ko sachet rahana hoga. Aap ko apna married life ko surakshit rakhna chahiye. Jiske liye aap ko paryash karna chahiye.
But agar aap ko wife aaj aise aarop laga rahi hai. Tab to kal ko kuch bhi kar sakti hai. Isliye aap ko apni wife se relationship samapt kar na hi achha hoga.
But depend aap par karta hai ki karna kya hai aap ko.
But agar aap ko wife aaj aise aarop laga rahi hai. Tab to kal ko kuch bhi kar sakti hai. Isliye aap ko apni wife se relationship samapt kar na hi achha hoga.
But depend aap par karta hai ki karna kya hai aap ko.
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A.Hello
Solve the issue amicably with your wife inorder to avoid getting arrested under section 498A of IPC and dowry act. Generally in such situations the burden is on you to proove that you are innocent and its a fake. As the court generally favours the women side in such cases.
Thanks
If you find this advice helpful, please rate.
Solve the issue amicably with your wife inorder to avoid getting arrested under section 498A of IPC and dowry act. Generally in such situations the burden is on you to proove that you are innocent and its a fake. As the court generally favours the women side in such cases.
Thanks
If you find this advice helpful, please rate.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
Generally in such situations the women files an case under Section 498A of the Indian Penal Code. Under that you and your family members could get arrested for cruelty on your wife without any warrant. To avoid such situations ir would be suggested to solve the issue amicably with your wife. Yoy could agree on mutual terms and conditions and live happily.
The judiciary is well aware of the misuse of Section 498A. Supreme Court called it legal terrorism. But even the judiciary is helpless due to tremendous pressures from feminist groups. There is a bill pending in Rajya Sabha for amendment to Section 498A.
Thanks.
Generally in such situations the women files an case under Section 498A of the Indian Penal Code. Under that you and your family members could get arrested for cruelty on your wife without any warrant. To avoid such situations ir would be suggested to solve the issue amicably with your wife. Yoy could agree on mutual terms and conditions and live happily.
The judiciary is well aware of the misuse of Section 498A. Supreme Court called it legal terrorism. But even the judiciary is helpless due to tremendous pressures from feminist groups. There is a bill pending in Rajya Sabha for amendment to Section 498A.
Thanks.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years. best option you have is to fight the case and make your defence strong.
Thanks.
Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years. best option you have is to fight the case and make your defence strong.
Thanks.
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Rajinder Pal Singh
Responded 2 years ago
A.File anticipatory bail in the court, making local police station/crime against women cell party in bail application, take ground of false implication, engage a lawyer, if matter get compromised, then install cameras inside house to prevent false accusations.
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