498a Case Study

The guidelines of the Supreme Court in Rajesh Sharma and others vs. State of Uttar Pradesh and another in cases relating to complaints U/S 498A of the Code of Criminal Procedure has baffled the entire nation. In a Country where the rights of women are sought to be protected by Courts, expanding the limited understanding of certain provisions, the sudden need to regress is unfathomable.

The mandatory guidelines that, complaints U/S 498A would have to be referred to Family Welfare Committees, who would in turn submit their report to the District Legal Service Authority and that there shall be no arrest of the accused until such time defeats the very purpose of the section.

Breaking: Supreme Court Issues New Guidelines To Prevent Misuse Of S.498A IPC [Read Judgment]

While it is justifiable for the Courts to bring about checks and balances when there is misuse of law, the extent that a harassed woman would now have to go through, just to register a case is beyond comprehension.

Coming from a counsel who adventitiously represents more men than women in family disputes, an unbiased and realistic views may be expected. The strive for justice is most certainly not the opinion of feminists or misandrists but that of persons with a conscience.

The ground realities which have not been reflected in any study could be the reason for such misguided guidelines. The misuse of Section 498A is admittedly rampant, but forms a miniscule percentage when opposed to actual and genuine cases filed. The genuine cases are horrid tales. Horrid tales of not what the harassed women endure in their marital homes. Horrid tales of what the women encounter just to register an F.I.R.

The woman spends her first few days running pillar to post i.e., between different police stations pleading for justice. She is shunted out conveniently to another station on the grounds of jurisdiction though the law is clear on that aspect. She is then asked to go to a women’s police station, who in turn ask her to get an approval of the A.C.P. All this assuming the officers are actually present in the stations as most often, several trips are made just to get an audience with the concerned officer.

As the shuttling process between the Commissioner’s office and the final destination police station is complete, the F.I.R. is registered with great reluctance. The woman is asked to alter the language in her complaint to suit the convenience of the police. They then register the F.I.R. in the local language, use terminology that the hapless woman most certainly cannot comprehend. The witness statements are recorded incorrectly, quite often deliberately and intentionally to give it a look of a third person narration of events rather than an actual account of the happenings. What isn’t apparent to the victim is that her case before the Magistrate has already been weakened.

The torrid times have just begun. There is no sign of a ‘mahazar’ being done. The investigation remains incomplete and the charge sheet isn’t submitted before the Magistrate for the trial to begin. Since there is no time frame, the agony of the victim only worsens.

Digging deep into her moth filled pockets to ensure it finally reaches the Courts, the already doomed woman has a faint ray of hope, to find justice in the Court. Needless to say, the husband and his family have in such time moved the Courts to secure bails for themselves, comfortable and protected they remain. The victim is placed in the hands of a Public Prosecutor of the Court before which her matter is to be heard. The Public Prosecutor gives no time to the victim. The Public Prosecutor doesn’t really understand the case beyond what is in the file before him and treats her with disdain. There are some exceptional Public Prosecutors who have done excellent work, but this is targeted at the larger and general happenings.

The victim is present in the Court on every hearing, treated poorly by the Court peon, the Public Prosecutor and at times even the Magistrate. The husband and Co. on the other hand are never in the Court. Their Advocate files exemption applications for them, which are allowed generously by the Magistrates, exempting them from their appearance in the Court. Therefore the victim is punished by putting her through the ordeal of the police station outings, innumerable Court hearings, no justice anywhere in sight even after 2 years with the case chugging along aimlessly.

The guidelines dictated by the Supreme Court in Rajesh Sharma and others vs. State of Uttar Pradesh and another direct the lower Courts to exempt the Accused from appearing in person and allow him video conferencing facility. Some men have it all! There already existed the luxury of the ever so generous exemption applications and now the husband can contest the matter from the comfortable confines of his home and sofa that his wife was made to buy before entering the matrimonial home.

The victim is alone, all through this entire trauma. The Accused has his lawyer to defend him and bully the victim in the Court. The Victim is left to fend for herself as the Public Prosecutor is indifferent, the Magistrate wants one less matter, one disposal to his set target and as a result the Victim is pressurized into exploring the possibility of a settlement through mediation. Money is offered as alimony in exchange for proceedings to be dropped against the accused. Both the Magistrate and the Mediator take it upon themselves to explain to the victim that she must consider her whole life ahead and not focus on the case. That she could get remarried and start a fresh life.

When the victim expresses no interest towards monetary compensation and expects justice, she is lectured that putting him behind bars is not going to solve her problem. Where would she live? What would she do for a living?

The victim is also warned that she may not succeed in her case and the husband may go scot free. The victim is sometimes forced to withdraw her complaint, made to file a quashing petition before the High Court and coerced into living with her husband again, probably in the hope that there would be no second innings of harassment. Viewed from any angle, it’s an innings defeat for the victim.

The Victim wonders and asks very pertinent questions. What are the courts for? Are not the laws and the Penal Provisions meant for punishing the guilty? Why the over eagerness to settle disputes instead of conducting trials?

Mediation could be used to settle civil disputes and matrimonial disputes before the Family Court. To enforce upon parties the mediation route in Criminal Cases even when they do not want to, is travesty of justice.

Cases that do proceed and come to a probable conclusion, possibly acquitting the accused for want of evidence, do not find their way into the Appellate Court. The victim is left exhausted after several years of hopeless hope and is dependent on the State to find her justice which again, is too much to ask.

To find justification in the opinion of the Supreme Court, it must be accepted that frivolous cases have increased and there is a need to stem the misuse. This was already remedied and curtailed in Arnesh Kumar vs. State Of Bihar & another wherein the Supreme Court directed the police not to register the F.I.R. immediately on 498A complaints. The police were directed to call the parties, talk to both, ascertain as to the genuineness of the complaint and then proceed. The police were also directed not to arrest aged in-laws. This process is, with my limited knowledge, followed by most Police Stations.

It isn’t as easy to register an F.I.R. U/S 498A today as it was several years ago. Therefore, there seemed no need for a new system to be brought in which would lead to emanation of stench from various levels of corruption, influence and red tape. For a victim to wait for a month, expecting a positive report from the committee, then from the Legal Services Authority, then deflated and broken from within about the negative result and then what? Where is she to go?

The need of the hour is to have separate Courts for such cases. Though the same was to be implemented, all Magistrates dealing with 498A matters or Domestic Violence matters are overburdened with other criminal cases. In view of the acute shortage of Judges and Courts, the pile up is imminent, leading to the complainants being pressurized into settlements.

If the cases are determined within three to six months, neither the complainant nor the accused would be harassed or affected by the case. It is the inordinate delay that creates the problem. Accused husbands are infamous for ridiculing their wives when the matter is pending in Court. They mock at them stating statistics reflect only 2% conviction and that they would be acquitted. The abysmal conviction rate is due to the poor recording of the statements, poor manner of conducting the trial, enforced settlements, ill-treatment of victims in court premises, excessive and unwarranted length of time to conclude a trial. It is definitely not due to the innocence of the Accused.

Drawing a parallel, the RTE Act was enacted to give the lesser privileged children, an opportunity to study in good private schools. Instead of ensuring what is a right under the Constitution, by making the Government and Corporation schools function efficiently and bringing middle class children to study in Government schools as opposed to donation seeking private schools, the Act has effectively made all Government schools ineffective, several of them on the verge of closing down. It has instead encouraged corruption of the worst order, seats reserved for children under the Act being sold at atrocious rates to privileged families. Lesser privileged made to cough up amounts by touts and middlemen only to be looked down upon once admitted in a said school.

Sometimes, in order to set right something wrong, inadvertently it goes from bad to worse. If ever there was a case in need of urgent redetermination, then this case is that case.

Mrs Lakshmy Iyengar is an advocate in the High Court of Karnataka and Supreme Court of India and the  proprietor of Lakshmy Iyengar & Associates.

[The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of LiveLaw and LiveLaw does not assume any responsibility or liability for the same] 

Topics: Code of Criminal Procedure | domestic violence | RTE Act | Section 498A | Supreme Court

As part of its awareness campaign, 498a.org is releasing the anguished cries of the victims that come here for help in various stages of being devastated by a law that presumes that they are guilty without even giving them a semblance of a fair chance. The options they have are either to give in to their wife's demands of astronomical amounts of money or waste 4-5 years in the court to prove themselves innocent. We have thousands of victims who are waiting to be heard. We are releasing 100 stories for now and will release more stories from time to time. These stories have NOT been specially selected and have not been edited except that names etc. have been edited/changed.

See how innocent men and women are vitimized by the draconian 498a law. See for yourself how easy it is for a wife to use this case to destroy an innocent man and his complete family. Look at how distressed people are when they contact us (some even considering suicide).Look at failed relationships, failed marriages and how kids just become pawns in the hands of unsrupulous women. Look at all the injustice that has been meted out to these families and see how some of them were betrayed by someone they considered their own. Feel their pain and the sting of the stab if you can.


Victim No. 1 from R.O.Ireland
Victim No. 2 from New Delhi
Victim No. 3 from mumbai
Victim No. 4 from secunderabad
Victim No. 5 from Hyderabad
Victim No. 6 from CT, USA
Victim No. 7 from Dubai
Victim No. 8 from Los Angeles, USA
Victim No. 9 from NJ, USA
Victim No. 10 from HOWRAH
Victim No. 11 from chandigarh
Victim No. 12 from kolkata
Victim No. 13 from Jaipur
Victim No. 14 from JHARKHAND
Victim No. 15 from United Kindonm
Victim No. 16 from mumbai
Victim No. 17 from New Mumbai
Victim No. 18 from New Jersey
Victim No. 19 from bangalore
Victim No. 20 from New Jersey, USA
Victim No. 21 from USA
Victim No. 22 from UP
Victim No. 23 from Texas
Victim No. 24 from Mumbai
Victim No. 25 from Sydney, Australia
Victim No. 26 from Singapore
Victim No. 27 from India
Victim No. 28 from Hyderabad
Victim No. 29 from Gurgaon (Haryana)
Victim No. 30 from London, UK
Victim No. 31 from THANE, MUMBAI
Victim No. 32 from india,AndhraPradesh.,Nellore
Victim No. 33 from Australia
Victim No. 34 from hyderabad
Victim No. 35 from Coimbatore
Victim No. 36 from Delhi
Victim No. 37 from mohali ,punjab
Victim No. 38 from London
Victim No. 39 from kurukshetra - haryana
Victim No. 40 from London
Victim No. 41 from CANADA
Victim No. 42 from Jakarta,Indonesia
Victim No. 43 from faridabad (India)
Victim No. 44 from Lucknow(Currently London)
Victim No. 45 from Canada
Victim No. 46 from Mumbai
Victim No. 47 from San Francisco, USA
Victim No. 48 from delhi
Victim No. 49 from hyderabad
Victim No. 50 from baltimore
Victim No. 51 from bangalore
Victim No. 52 from india
Victim No. 53 from US
Victim No. 54 from Gurgaon
Victim No. 55 from california
Victim No. 56 from Hyderabad/mumbai
Victim No. 57 from Jalandhar
Victim No. 58 from USA
Victim No. 59 from Kolkata
Victim No. 60 from Mumbai, mahashtra
Victim No. 61 from US
Victim No. 62 from Patna
Victim No. 63 from bangalore
Victim No. 64 from a
Victim No. 65 from agra
Victim No. 66 from lucknow
Victim No. 67 from Hyderabad
Victim No. 68 from Gurgaon
Victim No. 69 from New Delhi
Victim No. 70 from pune-mumbai
Victim No. 71 from amritsar
Victim No. 72 from Chennai
Victim No. 73 from Bhopal, MP
Victim No. 74 from Australia
Victim No. 75 from Abu Dhabi (UAE)
Victim No. 76 from jharkhand
Victim No. 77 from Mulund
Victim No. 78 from London
Victim No. 79 from Delhi
Victim No. 80 from Delhi
Victim No. 81 from Mangalore
Victim No. 82 from Kolkata
Victim No. 83 from Madras
Victim No. 84 from Byculla, Mumbai - 400008
Victim No. 85 from chennai
Victim No. 86 from USA
Victim No. 87 from Andheri(w),M\'bai.
Victim No. 88 from Delhi
Victim No. 89 from punjab
Victim No. 90 from Mumbai
Victim No. 91 from Fremont,CA
Victim No. 92 from madras
Victim No. 93 from Howrah
Victim No. 94 from belapur, New Bombay
Victim No. 95 from new jersey
Victim No. 96 from United kingdom
Victim No. 97 from Bangalore
Victim No. 98 from Lucknow
Victim No. 99 from thane
Victim No. 100 from delhi

Victim No. 1 from R.O.Ireland

Married In India, No Marraige Cert. therefore Court marraige where one swers not already married in Ireland.Wife did a Masters Univ.Degree,and worked as an assistant Law Librarian for Barristers, Left on the day got a passing result in Exams. which were received on Return after4 weeks in India. 
Bought one way ticket from own funds and never wrote back. 
 
Divorce Petition filed in U.K. as I am domicile of U.K.She refused to accept petition, a lawyer in Agra hired who served the petition. 
 
MAIN WORRY IS CAN 498A BE FILED WITHOUT OUR KNOWLEDGE, AND CAN MY FAMILY VISITING INDIA BE ARRESTED ON ENTRY AT ANY AIRPORT.IS IT WISE NOT TO TRAVEL TO USUAL INTERNATIONAL AIRPORT/ 
HOW CAN WE GET A LAWYER WILLING TO COMMUNICATE BY EMAIL, AS OPPOSED TO ON PHONE AND SAY ONE THING ONLY TO GET MONEY FROM NRI.I AM NOT WEALTHY ONLY A WORKING CLASS MAN. 
P.S. I DO NOT OWN A PROPERTY NOR A CAR.

Victim No. 2 from New Delhi

I get married in march this year all thing is going well my family is educaed n i am a government servent even we pay half for the marriage arrangement which is to be bear by the girl family problem starts when my brother which is working in another state transferred in our city so my father shifted us to bigger room in the same house and brother to small room that time my wife is not there when she came back she had talk falsely to my father n mother that why they shifted her room and shouted on them after that she took her own jewellery and my mother jewelery which my mother gave her to wear on some party occasions then she left her house and moved to her mother house it was about a month back till then whe lives with her mother whenever i talke dto her she old me that she want to live alone now she start syaing we will live in my father\'s other house but i dont want to leave my famliy and feared of that she would file a case against me and my family. after marrige she regularly goes to meet her mother as her house in the same city just 5-6 Km far from house she even ho 4 times a week at her house. when i told her not to go there she threaten me to do sucide. whe is pregnant and from her mothers family some people start rumoring to our relatives that we beat her and we thrown her out of the house. tell me what to do what is the solution of that problem

Victim No. 3 from mumbai

I year 2000 - my wife says that i am not handsome & she is not satisfied in sex with me - she got married only because he is afraid of his Seven brother - because they chose me, but same think she don\'t tell it in front of her brother - making false statement I was charged with a 498(a), i lose the case, jude gave me 1 year imprisment, I applied in upper court - we compromise it - Now (from 2004) i am staying with wife at with her parent & brother residence, again same thing she is doing - in alone she is shouting,abusing me. All my salary she is taking I am not giving a single penny to my parents. I am the only son of my parents. Again her mom & brother is saying that live with her otherwise again they will file 498 complaint - they are not ready to listen to me that she dont want to live with me - she make false statment that i am shouting her beating her. Her mom & brother listen to her what she say is right what i say is false, in front of them she become very inocent.  
Suggest me how to overcome from this situation....

Victim No. 4 from secunderabad

i got married in the month of may in 2004, she stayed with us for two months then suddenly she raised a issue to separate to live from my parents,(since her parents came to the city where we r living). 
 
i refused to stay without my parents...then immdtly she has given me two options 
1.i have to transfer all my assets on her name if she lives with my parents 
2.i have to live separately with her along with her parents 
 
i refused for both options...... 
 
since then the negotiations r going on but ultimately they have taken extreme step to file the case. 
 
so finally they filed the case on three of us(myself,mom and dad).when they filed the case i was out of town so my parents faced this worst situation and one night they were behind the bars. 
 
now they came for out of court settlement.....could u pls help me how to go about it? 
 


Victim No. 5 from Hyderabad

I was on the verge to going to US..and 498 stuck me....through my wife. why would a person earning in dollars do dowry harrasment? police didnot hear...now the law is taking its own time..... 
 
Justice delayed is Justice denied. 
 
I want everybody indiviual whose life had taken this worse turn..to take up this cause and fight against injustice and force women-friendly government to change laws to an extent this law doesnot get misused. Yes..i do agree...some women are facing problems.....but even boy\'s mother & sisters are also women...which law is protecting them for this ?

Victim No. 6 from CT, USA

Dear Friends: 
 
I have been in the same 498A Fraud case since last 6 years, fighting with my inlaws who are from Ajmer, we are from Mumbai. 
 
- Please advise if we can get the case transferred from Rajasthan to Mumbai. How to go about. 
 
- What is the time period for such cases 
 
- FIR has been filed for my entire family, except for me as I was in the USA at that time.  
 
- Interpole\'s role, in these case.  
 
Any support group in NY, NJ or CT 
 
Thanks

Victim No. 7 from Dubai

Iam a muslim and working at Dubai and got married in June,2005 basing  
that she is M.C.A After marriage i lived with her for 18 days and left to Dubai. AFter my left, the bride\'s parents took her place. As the bride given false info that she is M.C.A and I started asking about M.C.A copies and Marriage certificate for visa processing from Dubai. As she is not responding and delaying I found through university and got she didnt complete her exams. As she lied always and mother in law is in dominatingly and started accusing me and my family as they found guilty. I shocked and found the family is having worest behaviour and blackmailing my family by saying that Police and court etc., In between i approached elders to settle matter, that time elders requested to give the chance and i accepted as she will change her attitude as I went to India in OCt,2005 solve the issue. infront elders she acted that she will listen. But after she started tourturing me and my family and demanding to give 50 laks indirectly. Finally I wrote a letter to her and her her parents in Dec,2005 to come back to my home. But no response Yet. As she is having health problem asking about the details. They gave wrong info to me. 
 
Before left she will lodge a complaint leave all of my family memebers.  
 
I Approched the lawyer, he told to wait until they lodge any complaint. I dont know what to do as my parents are respectable officers in Central Govt. Considering their health also what i have to do.  
 
Please help me in this regard 
Thank you, Analyst 
Dubai  
 


Victim No. 8 from Los Angeles, USA

I am in USA right now. 
 
My wife has tortured my elderly widow mother while my mother came to me for a short visit. 
 
My mother was even treated for mental stress by a doctor over here. My wife threatened her so much. My wife being an MBA. 
 
They demended that I should leave my mother and my other relatives forever. 
 
Now she went to India and after 10 months she and her parents have filed Dawry/Torture case against me and my mother. My mother is going to Police for hearing. She is alone. The girls father shouts at my widow mom. 
 
They were threatening me already when my wife left me. So, I filed for divorce in USA and got it. 
 
How do I get peace of mind now. They are threatening my mom and relatives and we dont say anything. We are suffering. 
 
 
 
 


Victim No. 9 from NJ, USA

My wife filed 498a case, and she is not coming to court as she cannot prove accusation on me and my family as they are completely wrong. 
 
They just want to keep this 498a case pending so they can presurrise us. 
 
My family is going in court for every date as we have not taken dowry and we have not anything to her. My wife\'s family also gave this 498a news in local newspaper to malign my families perstige. 
 
I want my families honour back.  


Victim No. 10 from HOWRAH

Sir,my marriage was solmnised on 22.02.2004 and my baby was born on 24.12.2004.On 22.08.2005,I have put-up my hand on her due to some petty quarrel and she went to her parents home after lodging a GD to the local police station.When police has not taken any action on us,she filed a FIR through SP.But police kept silent.Then she filed a case u/s 498A and 406 of IPC and I have received a summon from distric court for appearence on 07.01.2006.

My wife makes hasty decisions without thinking properly and she is greatly influenced by her mother.In fact she is a puppet of her mother.

The case relates to the following points which are false:-

1.We started torturing her due to birth of a female child.In fact it is a matter of great happiness for us to have a female child as our joint family consists of self,mother,father and a brother and we were so happy that we have celebrated her birth and we have a CD for videography.

2.We have misappropriated the gift she brought.But this was not mention in FIR.

3.We are demanding luxury goods and also this was not mentioned in FIR.

Victim No. 11 from chandigarh

My marriage took place just 15 days ago.Before marriage me and my wife was serving in same city, but upon my selection in my hometown the situation turned out such that I have to go to my home city (about 400miles away).On the first night of our marriage itself, my wife had refused to make any physical contact with me, even she did not allowed me to come nearby her. Moreover she and my in-laws misbehaved during the marriage ceromney. Also right from the first day she was continously talking on her mobile phones especially when I was asleep in nights. On further investigations we had found that she had affair with a person in some other city and they have plan to falsely implicate dowery case. On the 5th day of our marriage me and my wife left for the city where she serves and on the same day I have to return home in order to join the new service.But since then she had not made any contact with me even on phone. Infact her phone number was always busy/ not being able to be contacted. Also, it come to our knowledge that my in-laws had married her forcefully with me, she was infact refusing to marry me. Moreover on the day we left for her city she had threatened me with dowery case with demand of an impossibly big amount, together with falsely proving that I am impotence. I am really worried and confused with advices from different layers. Kindly suggest that merely on evidence of phones can we file a divorce case with adultery and, also before she files a dowery case what steps should I take immediately?Moreover what implication it could have on my Govt.job?

Victim No. 12 from kolkata

1.498A filed after we filed Divorce.
2.Wife has mental Problem. Doc Certificate and Necessary document(Before Marriage) available.
3.Father and me were in custody for 2 days and 17 days respectively.
4. All have bail now.
5. Only verbal alligation of assult and torture. No supporting document.

How much the verbal alligation is going to stand the trial?

Victim No. 13 from Jaipur

False FIR was filed against me and my family memebers( mother, brother, sisters and brother in laws) for 498a and 406.Got bailed from the court. case is before the court. My in laws are stronger than my family. I dont have my father. Mother is old and on bad. My brother is psychiatric patient.

Victim No. 14 from JHARKHAND

They only married for the sake(name) of marriage, the girl(my wife) had already been involved with anyone whom she could/can never forget, and the matter is known by all her relatives. I protested it by saying that she will go there with me and return with me, but my opinion was rejected by them all. Actually, they had preplanning to harrass me, before marriage they went to Police Authorities(Actually one of his relatives is retired Supdt. of Police). Anyhow marriage held. After that they started to harrass me that I must opt transfer to their place and must give salary in her hand.
Within a few days, they came in my Office and complained that I am torturing their daughter, so my half of the salary be sent to them and daughter be sent to them. Again they complained in the Police, I went to them and clearly told my situation, police then sent them back, but by taking an oath from three parties in written, I felt safely. Again after some days they again went to police and complained the same(Those days my wife was with me), police authorities learned the whole idea and told me to compromise me, but I reiterated that she will go with me and will be back with me, they all agreed.
To save my life I thought that If she conceives the matter will be solved. By the grace of Almighty, it happened and she gave birth a baby child in October 2002, Her father came and took her to their residence in December, 2002 saying that she will be sent back in the month of January, 2003, but in vain. I sent my relatives to bring her but she didn\'t came. Again they went to the police authorities that I am not bringing my wife and baby child to my home, then I went to bring but they told that it is not possible as they will submit their daughter to the Police authorities, I came back. Again I came to the police, they told me to wait and go after few days.
I went there to bring my wife and baby child, but in vain.
Again in May 2003 I went to there to bring my wife but again in vain,
but they told scolding me that \'If you go to jail you will come in line\', I complained the matter to the Supdt. of Police there and came back and informed the local Supdt. of Police.
I talked over phone that if she wishes to come, I will go there, but she ignored.
Then on the advice of their ex. legal advisor I filed a case for\'Restitution of Conjugal Rights\', hearing this they filed a case of 498a, 3/4 and 4-5 more cases naming many family members of mine. I got my warrant, went to the Court got the bail of every member , but the District Judge rejected my bail plea. I went to the High Court, from their I got bail without going jail.
In the meantime they told me to withdraw my plea on \'Restitution of Conjugal Rights\' with some \'Gundas\'.
During the case, they again filed \'Maintenance Suit\' and she is getting 2000/-(Rs. two thousand only) per month from my salary since March, 2005.
Now the chargesheet framed and case is going on.

Since December 2002, she is staying there, often she comes my town, even my office(her relative do live here).

I haven\'t seen my baby child since long, I haven\'t tortured her but getting the result of it.

What should I do now, I don\'t know. But I am in full of fear that they will murder me by any means and she will take my service and wealth etc.

Believe me, I have never tortured her nor bitten her, I am puzzled that why is the law so \'BLIND\' ?

I am helpless as i am not a position to think and do \"bus jiye ja raha hun\'. Kindly advise me.

P.S. I haven\'t mentioned many facts due to some reasons.

Please hold me.


Victim No. 15 from United Kindonm

I have two brothers and one sister. She framed my complete family including my mother. My one brother and sister are married. She lived with me not more then 2 months in total. My married brother lives in Hyderabad for last 7 years. He met her only twice. My lawyer fooled us, he just gave money to keep them silent for five months and now again they are creating problem. In first investigation police gave us clean chit, but my in-laws requested re-investigation. Now different police (DSP) is doing investigation and they paid good money to him. We have applied for bail but not got yet.
Can law force me to come back to India? Can they charge my married sister?
Reason why she filed is i denied to go US with her because her sister lives there and her arrogant behaviour.

Please reply soon.

Thanks & Regards



Victim No. 16 from mumbai

this is my friends stroy, he got married 3yrs back , they ere not in good terms bcoz of same thoughts differences . in total 3 yes time she was here only for 3 month. last she left his home last yr. , and last week suddenly poice reached to his palce for 498A arrest. he is behind baz. his family tried hard for bail , but bail got rejected 3 time, as oppo. party has political influence in that area.
we are applying bail in high court.

pls help to point out the effective grounds for bails.
and how to get rid of this problem.

Pls revert back asap.



Victim No. 17 from New Mumbai

My wife has made a false complain against me. Actully she is a already a victim of 498 a which her sister- in-law made against her. Since before marriage she was suffering from dease called as pilo nidal synus she has been operated on. Since last 6 months she is stay with her family and also file a 125 allimony case against me asking for monthly maintains and operating cost. Before registering the case her family member asked 10 lakhs ruppees from me for settlement and if fail to do they will file a compliant. case is been registed i was in police custody for 2 days and later relase on bail. currently i job less. I was not aware before marriage that she has case of 498a against her and the dease she were suffering from.

what should my next step?? Please help me.

Victim No. 18 from New Jersey

This is SM , brother of DM who is a victim of 498a and 334. he is currently in judicial custody from last 12 days.

I am his younger brother living in US and currently single.The entire family has been a victim of the 498a and also a arrest warrant has ben issued on me, my brother, sister who is married , father and mother.

Father , Mother, and Sister got the bail from Hoshangabad - MP , but three times bail appeal has been rejected for my brother.All my family is living in Mumbai and my brothers wife is currently in Hoshangabad with her parents.This is totally a setup and a failse allegations against my family .

Would require your kind help on this and guidance to proceed wit the case.The case is right nowin the appeal mode at High Court in Jabalpur and the court hearing date has not been given yet.

Plaese call me if any one has any info.This 498a act should get a end , so that in future innocent people does not become a victim of the same.

Sincerely

Victim No. 19 from bangalore

I am a victim threat and mental torture. Though my wife and family did not lodge FIR they continously threatened to do so and reap the extracts...though at the end settled for a mutual. It was suppressed at perfect that she was a divorcee and I came to know this at later point of time. Also came to know about the previous history of same type. Can we use this website to submit names and references of such party so that no decent guy is picked up as her next victim??

Victim No. 20 from New Jersey, USA

I migrated to USA in May 2000 and got married in July 2003. I was married happily for two years till 2005. It was an arranged marriage, conducted in Delhi. I got my GC through H1B and wife got her GC through mine as a dependent. We went back to Delhi, India to meet family and in laws in June 2005. My wife picked up a fight after two days in India and called her father for no reason. Her father arrived and was abusive and assaulted me, dislocating my shoulder. My wife left with her father. I was operated upon in Apollo hospital the same day and returned back to US two days later. I filed a case for damages against her father and a case for divorce in Aug 2005. After recieving the notice from court, they filed a false FIR under section 498a against me and my family. At present, my family in India have been granted bail while my wife is trying to negotiate with me. They have filed for maintainance specifying exaggerated amounts for my income and assets and have demanded a large sum for mutual divorce.



Victim No. 21 from USA

Hi
A very dear friend of mine is under this case. he has been arrested. I know the whole family very well and being a girl became very close to his wife as well....my friends wife and her family are trying to get money and harrass my poor friend using this law.
how do we deal with this ? does the girl get punished for filing an incorrect case ? is there any support or hope for us ?

Victim No. 22 from UP

1. All these details are not from the victim (husband) hence not necessarily accurate but in all likelihood true. This colleague of mine married about one and a half year back. Same cast marriage (SC).

2. Harnmonius marriage but no issue despite conception more than once. Latest being pre-mature child. The husband had spent lot of time (had taken leave, took good care, spent the money borrowed/ withdrawn from GPF on medical. Later to help her recover, even sent her to parents and brought back.

3. The wife had depression, Under treatment also.

4. Committed sucide (hanging)when husband at office but some others (probably mother and brothers) at home.

5. The husband an engineer and a very decent person, The b-in-laws of this man i.e. the brothers of decesaed are 4 or five.

6. In-laws lodged FIR alleging dowry to be the cause. He and two brothers also were put at police station for several days though arrest not shown. Later prodced in court, remanded. Periodically produced. Already more than 4 months. the autopsy said no signs of struggle before death i.e. no bruises etc.

7. Recently, the in-laws came, broke-open the lock of unattended house (guard only at night) took away things.

8. The apparent motive of in-laws is to loot and exhtort as much as possible rather than any sentimental reasons. The police action may be to put pressure though this man clearly said that he was not interested in the girl\'s belongings at all and was willing to return everything.

9. Knowing this boy personally, I know he wouldn\'t hurt a fly. But in a case like this, law is harsh and insensitive for a long time.

Police refused to lodge FIR about the theft/ dacoity.

WHAT CAN BE DONE?


Victim No. 23 from Texas

Divorced in the US. She was served with papers in the US.
She was in the US when the divorce was given. She did not
attend the court proceedings - though she was fully aware of
the proceedings. Child custody/ support was not considered
since the child was in India at that time.
She goes to India on vacation and files 498a. And tries
to stop my second marriage. But then I am already married (legally
of course- after obtaining the divorce decree for my previous marriage). She falsely claims that the US divorce was obtained by
fraud, and that decrees given by US court are not applicable to her
since she is Indian(even though residing and working in US and paying taxes in the US)
Now the Indian court has asked her to prove why she thinks the US divorce is obtained by fraud.
As far as 498a is concerned..its at a stage of calling for witnesses.All the witnesses names have been forged. We heard through
reliable sources that the witnesses have refused to co-operate since their names were put without their permission.
She leaves the child with her parents in India and comes back to US from vacation and files for child support in a US court . But the US court throws it out- saying that it cannot do anything when the child is in India.
The interesting thing is that she wants the US jurisdiction
for child support but does not want the US jurisdiciton for divorce!
George Washington and BR Ambedkar should be having a hearty laugh
at a heavenly pub. :)
I informed the US State Department about the abduction. They are advising me on what my possible options are. They are very nice folks.
We have already incurred expenses of about Rs 10,00,000 to keep the cops at bay, attorney expenses etc.
The initial part of 498a was difficult. She had filed rape and assualt false cases against my brothers and the judge at a lower court refused bail to brothers and sister in law. We had to go to
to Highcourt to get bail for my brothers and brother-in-law.

Victim No. 24 from Mumbai

She tries to harras me on legal grounds without any rim or reason.
If I don\'t go according to her she tries to put me down saying she will put behined the bars to my family and me. Tell me what to do ? I\'m very dippresed.

Victim No. 25 from Sydney, Australia

I am an NRI. I would like to draw your kind attention to the extreme abuse of anti-dawry Section 498a of IPC with my case. I am among many of the hundreds of thousands person whose whole innocent family is tortured just on a false complain if the wife is unable to adjust with her husband. The sufferers have to go under harrasment and extreme stress after being held in police lockup and jail without any ground of proof and these people are assumed guitly by law. Is this justice to innocent senior citizen of India? Please go thorogh my what happened to my innocent parents and brother after 14 months of my separation with with my wife.

I hope necessary actions are taken to prevent the misuse of any law. These incidents are now very common and many people are suffering because of such blind laws.



I am working as IT professional in Australia since
last seven years. I completed my education(MCA) in
India and have been in good job since then. I am
currently in Sydney. My parents are living in
Faridabad.

I got arranged marriage in India Oct 2001 and
sponsored my wife, Pooja Saxena, to come over to
Australia (on permanent residency visa) to live with
me. We stayed together for eight months and during
that period I found her to be extremely dishonest,
unloyal, unfaithful, a big liar and greedy for money
and it was obvious her intention to marry was just to
come over to Australia and for the money. She had been
asking me to sponsor her brother to Australia as well
and to bear all his expenses on his education and
living. There was no love, commitment though I tried
my best to compromise with the situation and have
excused her on all occasions assuming it may take time
for her to adjust.

We went to India in Oct 2002 and there she tried a lot
of trouble by creating misunderstanding between
brothers, their wives and started stealing jewellery
and cash from home to take it to her mothers place.
Have been talking vulgar about my mother and brother.
Then she was involved in a horrifying crime by
secretly stealing and then destroying the passports of
my younger brother and his wife. They are living in
USA and where also on holidays there. My brother is
working as software engineer in Chicago. She did it
just two days before their departure and my brothers
whole career was in danger as he could not go to USA.
It is a long process to get the new passport issued
and then get visa processing again. It was a mental
torture for all of us.

It was not know where the passport have gone until
three days when the time came for me and my wife to
come to back to Sydney. Our luggage was packed it was
just five hours before our departure when we were
getting ready and I found a trace of torn passport
photo inside the toilet. It took me no time to
understand by her activities that it was her act. I
had to postpone our return to Sydney. I called my
father-in-law and sent her back(Nov 2002). I have all
the proofs with me that she has damaged the passport.

She has tried to torture everyone in the family by her
cruel and criminal acts. I then came back alone to
Sydney in extreme stress. I regretted a lot for
marrying and loving such a cupid girl. She contacted
me many times after that and asked me to call her back
to Sydney. But her intentions were still clear. I can
not live whole life with her.

I am Australian citizen and by the Australian
laws(validated by Indian law as well) I applied for
divorce at the earliest possible date and had sent her
notice on 16 Dec 2003 in Gujarat where she lives. The
notice was received by her.

Later suddenly on 14th Jan 2004, police and lawyer
from Indore came and arrested my aged parents and my
youngest brother who lives in Faridabad and within few
hours took them to Indore . They have to get me as
well but since I am in Australia, they can\'t arrest
me. My wife had filed a false case of torture in dowry
case under section 498A in Indore(Though her residence
is in Unjha, Gujarat). She put a false allegation that
I and my parents and have beaten her many times and
even have tried to burn her for demand of dowry. I or
my parents or any family member have never ever
touched her with any bad intentions. She has accused
this allegation after 14 moths of separation upon
receipt of divorce notice.

She didn\'t even mentioned the fact, the real reason
for what she was sent back to her fathers place.
Rather she said that she came back herself. Though I
have enough proofs for my claims. When my wife had
spend just about initial month or two in whole of our
married life with my parents. Also she had been
separated and staying away for more than a year.

I was extremely shocked. I have nor my parents or
brother have even touched her anytime with any
intention of beating or burning. We are from
respectable family. My father is retired engineer from
Dept of Atomic Energy. My brothers are well settled
and are earning extremely well.

She did such criminal act, still being decent we sent
her back respectfully with her father when we
separated. If we would have been strict, we could even
have got her arrested for destroying passports. But
still we respected her being a women.

It was a brutal torture to my innocent retired aged
parents and my innocent brother. Without any notice
they had to travel from Faridabad to Indore in police
custody for three days a distance of about 900km in
police vehicle. My mother is heart patient and is
under treatment. She was extremely exhausted, It was a
big risk for her. How can police just come and arrest
and torture anyone just on someone\'s fraudulent and
false allegation.

Later my elder brother had to go from Rajasthan to get
them released on bail on 16th Jan after spending one
night in lockup and three days in police custody.

My parents have a very clean and respectful life but
now have to see such a days.
It is big slap on Indian judiciary that they can just
destroy anyone\'s dignity and can prosecute without
trial. There is no respect for senior citizens who
have served the country for the whole life. At the
same time the legal system have a blind faith on
crook, cunning young married women and her parents. I
am feeling dismay. My aged parents and brother have to
suffer who have nothing to do with my wife. My crook
wife and her greedy parents aim is to get me and
extract a lot of money form me.

As a figure in India, almost 90% of such cases are
dismissed by the court after find the case as
malicious, but there is no punishment of making false
allegations. Almost all the divorce ends up in 498A,
where the reality is that dowry is not practiced and
hardly any women are harassed in educated well earning
family in urban area. And of 90% cases the police get
a good excuse to harass any respectable person and
then to discharge them after harassing. Lawyers and
police are making a big money by trapping innocent
citizens.

In my case
- my wife filed it after delay of 14 month of
separation when serviced from my side with the notice
of divorce
- It was filed at Indore which has nothing to do with
me or her, we have never ever lived together there.
Neither is this her place of residence. Just she has a
influence there. While the law states that the case
has to filed at the place of alleged crime.
- Its a clear case of After Thought done with
malicious intention, which is done to defame us to
negotiation table where she and her greedy father can
blackmail and extract our hardly worked earnings of
years.

Even after all this she was successful to get the
complain lodged at Indore and the police from other
state came and arrested my parents and brother without
permision of local police in Faridabad. Also a copy of
FIR is still not been handed over to us.

In the ongoing crises my aged mother in India was
admitted in hospital with severe cardiac pain and
abnormal blood pressure on 22th Jan\'04 while they have
to arrange lawyers and plan the visit to attend the
next date 29th Jan with a notice of just 7 working
days to be attend in Indore 900km far from our place.
My mothers health is so severs that she is going to be
operated today on 23th Jan. Not attending will weaken
our case. Who is going to look after my mothers and
aged father health?

As I am also the accused in my wife\'s complain, I can
go there in India as the police will arrest me. I am
just helpless.

As such there is no fair judicial or law system in
India. Its against the basic right to live with
respect.


Victim No. 26 from Singapore

My wife has made a false complaint in women cell that we are demanding dowry from them. The police has enquired my parents,currently Iam in singapore,and police asked my parents for me to come to india.The lawyers say that no need to come at this point.Your advice please

Victim No. 27 from India

Last year I have an engagement I have taken the taken the marriage certificate on the basis of engagement. There is no such proof of 7 faras. Marriage certificate I have taken without marriage. Then there was a dispute. It was broken

This year I came back there was a dispute with first party. I married with another girl through paper matrimonial and tell them the truth. First party was not having any problem.They rae with us and ready to sat that without marriage we have taken the marriage certificate

I married on 12-12-2005 and on 15-12-2005 my wife slipped from home and on 18-12-2005 she filed FIR against me ,my mother ,father sisters under section 498,498a and 494.
The police arrested me and my father from home rest of fellow escaped.
I remained in custody on remand for 6 days they were demanding 20 lakhs and all dowry articles.
Then they sent us to jail for 7 days after that I have taken my and my father bail. Rest they have taken confirmed bails from outside

Now they are demanding my passport .
I have query
As i lived oversesa and work there
My lawyer say u go back we will fight for others. Because this case may take 2-3 years. My future will be spoiled.They will declare me police offender rest when every body get free then u come back.On the basis of that u can be free and they will try to quash the FIR




Victim No. 28 from Hyderabad

We spent about a week after the wedding. I left for the US and sent her all the relevant papers for her US travel. My wife obtains her dependent visa in September, 2005. Differences and mistrust arose soon afterwards. From then on, there was minimal communication by email and phone. She has been at her parent\'s place ever since I left for the US.

My sister and I had to come to India in December 2005 to see our father who was seriously ill. My in-laws visited the hospital and wanted to discuss my marital issue. I told them that it was an inappropriate time/place to discuss the issue and that I would talk to them when I was in a better state of mind (than when dealing with a family crisis).

28 December 2005 - despite our father\'s critical condition, we invited my in-laws to begin some communication. They file an FIR under IPC 498A before coming to meet us. We (my sister and I) were taken to the police station under the guise of \"counselling\". We were held up in police custody without being informed about the charges. We were not aware of the FIR and arrest until the next morning.

29 December 2005 - our father passes away in the hospital. We were presented before the magistrate in the afternoon. We were able to obtain a bail but by the time we were able to get out our father\'s body was already being cremated.

The bail order required me to submit my passport by 12 January 2006.

12 January 2006 - I submitted my passport in the magistrate\'s court.


Victim No. 29 from Gurgaon (Haryana)

Wife suffering from Hepatitus B taken on Rly Reservation to her parents at kashipur(Uttaranchal) for treatment by their Homeopath Physician who admitted her to his Nursing home against will of husband. Their only child, a daughter, then 2.1/2 yrs old brought back by father to Gurgaon (her home) after staying with her at Nursing home for more than a week. Wife\'s father, same day, get FIR written under sec.498a, 3/4 at Kashipur. No action taken by police for about 1.1/2 years. A few months after this FIR, wife, who had remained at Kashipur, submits divorce petition, alleging dowry harassment, that she had been turned out of the house with child. The date for this alleged act is the same as when husband took her to Kashipur for treatment. She further alleges that she was beaten, not treated for her ailment, was never told she had Hepatitus B, and it was only on reaching Kashipur that she found this out. As proof of this, she has submitted an inland letter. The letter is datelined Gurgaon, (Haryana), but the rubber stamp on the face of this inland letter where the postal stamp is affixed, is of kashiur, and is a money order stamp, and not a postal stamp. regarding the beatings, she has submitted medical report of the same homeopath which says that she had beating marks all over the body and was in trauma. The date of her examination and admission for treatment in nursing home is admitted as one day after she reached Kashipur. She has also alledged that husband did not contact her after turning her out of the house.

The Husband has submitted copy of Railway reservation certificate by which he took her to kashipur, various medical papers, including bill of Apollo hospital etc., and PCO bills of 55 calls made to her and 5 sets of Toll Tax receipts for visits to her by car.

over two years passed and the daughter, now four and a half yrs old, remained with father and she has not been claimed by the mother. No action has been taken by the police against the FIR u/s 498a, 3/4 etc.
Wife submits to police that no action should be taken against this FIR, and the police closes the case. But she goes to court, and gets this FIR activitated after a couple of months. In the meantime, she wins the case for Divorce. She also launches a case u/s 406.

Husband, because he has just heard of the case u/s 498a etc., files appeal in Uttaranchal High Court, Nainital, against divorce case. In meantime, warrtants of arrest arrive at Gurgaon u/s 406, and also 498a (a few days apart) quite a few times. Husband gets stay of 406, and also of 498a etc. and learns that wife\'s lawyer is Chairman of Uttaranchal Advocates Association. Wife\'s father is a lawyer who is very poor and a Nortary, (wife is M.Sc. maths). It is not understood as to how she can hire such an eminent Advocate. Whilest giving the stay u/s 498a etc. High Court Judge remarks that 498a is being gtrossly misused in many districts of Uttaranchal (names the districts) cites a case where High Court has recommended setting up of marriage recociliation cell, and sets a date for the cell to try and reconcile the parties. This fails. The High Court is presently on vacation, and wil open in Feb.

The problem with me is because the documents in the divorce case are very strongly in favour of husband, seeing the great resource of wife, the file may not get lost/misplaced and be not treaceable. What to do for this.

Thanks

Now


Victim No. 30 from London, UK

I am British citizen based in the UK. The wedding was registered on 21st December 2000 (for visa purposes!) and social (traditional) ceremony held on 26th August 2001 (signed religious documents).

My relatives and have been falsely accused under 498A in India. The case (FIR/Her statement) has been filed under 498A & 34 IPC into the Indian Court whilst she was in India. When allegations were made to the police I was premanently living in the UK. The charge Sheet has submitted to the Court stating that the 1st accused has absconded and the police requested to the court the immedaite issuing of the arrest warrent for my arrest.

I have submiited document evidence showing the serious nature of false and malicous allegations made under 498A to British and Indian authorities. as the result, the India police (Kerala) has instigated into the false 498A and the investigation is currently in progress.

Upen her to the UK (April 2005), she has filed for a divorce in the UK court. The divorce doesn\'t mention of dowry extortion as per 498A.

The divorce submitted to the UK divorce is with reference to registered wedding (21st December 2000). I have agreed to the divorce upon legal advice with the divorce. The UK courts has pronounced decree nisi recently. After 6 weeks and a day the petitioner (ie my estranged wife) has to put application into the UK court asking for Decree absolute (ie the divorce can be made final and the marriage ends).

How I can make the UK divorce valid in India as she was applied it in the UK? How best to go about doing this? I got a feeling that my Ex (or her family) might submitted another divorce application in India (ie for maintence etc) using the social ceremony. What the procedure that this doesn\'t happen? Can anyone advise, please?

Email me back.




Victim No. 31 from THANE, MUMBAI

wife left my house by stiling valuables with threats to indulge in in false case on 29.04.2005, i filled an n.c. immediately,exchange of many legal noticces, no word of doweryor harassment in her reply, on 26.03.2005 gave me a threat again on phone, i informed the police she might come and get herself hert to indulge me in false case. on 01.04.2005 she came made a drama in front of my house, filed a complaint u/s. 4978 (A) ,223,236,406 & 506 r/w 34. Fir supported by not a single document or evidence, police report is not supported by any evidence or any findings out of investigation. case is running in Tahne Court, she never attended on any date. now filled case u/s. 125 at FAmily Court, Nagpur.

Victim No. 32 from india,AndhraPradesh.,Nellore

I had cheated by my wife\'s parents that they are not informed me about their duather\'s illegal sex affaires with others,after marrage in first week I found that matter.so i want to divorce her by giveng talaq.but they are blackmailing me by 498a demanding lakhs of mony .Iam govt employ.soplease help me.

Victim No. 33 from Australia

Hi All!

I got married in February 1998 with my maternal uncle\'s daughter. I am from Andhra and she is from Maharashtra. Immediately after my marriage I went to Malaysia because of my job. She joined my after few months. We got a child and now he is around 5 yrs old. When she was with me in Malaysia she always used to take lot of money and used to send to her parents without my knowledge. My uncle had taken a loan of around 3 lakhs from me in various occasions when she was with me. But I have only few receipts of around 1.5lakh as it happened few years back.

My wife always used to suspect me and made several insults in front of my colleagues and friends. Whenever I come to India for few days also she always used to insist to take either separate house or stay outside for staying rather than at my home. She used to insult my parents and my sisters when they met me or I was with them. One time when I came to India and I forcibly brought her my home to stay for few days, her parents came to my house and created lot of fuss, shouted at my parents & me and insulted in front of my relatives & friends. I couldn\'t bear this and tried to commit suicide. Somehow I got survived and I came to home. As soon I reached home they started shouting again and took her daughter along with them. This incident happened in October 2003. I tried to mediate with them through some elders of my community but they refused to send their daughter and they insulted the elders whom we sent to them.

I fed up all this and then applied for divorce on mentally cruelty grounds in Oct 2003 itself and left India. As their place is near to Mumbai (not Mumbai, a small town 100 km away from Mumbai) they applied for change of court in Supreme Court. In the mean they filed a petition for maintenance at their place, but I didn\'t challenge it. The Supreme Court gave the order to change case to Thane, Maharashtra family court. This happened in early 2004. Since the case came to Thane court nothing progressed. Since I applied for divorce I had been trying through mediators to settle the issue and get the divorce mutually. But they never cooperated and everything went vain of all my efforts.

In Nov 2004, my sister (unmarried) passed away because of some health problem. By seeing this my mother went to coma. I then came to India immediately and admitted her in hospital on the same night without attending my sister’s funeral. My mother went on coma for 3 days. I was in hospital for 14 days with my mother. While in the hospital none from their side came (my uncle is my mother’s own brother and they got to know the news on the same day it happened). I even tried one time for negotiation with the through mediators while I was in hospital. But again I was failed. Immediately after my mother discharged (the next day it self), I left India.

In the early 2005 I have got Australian Permanent Resident and I moved to Australia. Since then I kept on sending the maintenance allowance to her from Australia. But they refused to take. In the mean I applied for divorce from Australia itself and I have got divorce from Australian Court in November 2005. By seeing my divorce petition my wife file a false case, 498A against me and my parents in Nov 2005. The Maharashtra Police came in the mid of the night and arrested my father. They tried to arrest my mother but seeing her health condition (she is quite old and can\'t even walk properly). My father spent one week in the police station. In the one-week the Police again to my place (from Maharashtra to Andhra) brought my father to my home one more time for taking their things from my home(They took lots of things even I bought for my home also like TV, fridge, Washing Machine, etc.,). The Police even tried to took the money from my NRI account and locker (my wife knows well about my savings in my NRI account and locker). But the bank Manager refused to handover to Police as they didn’t have court orders. I engaged one lawyer who resides in Mumbai (took lot of money but did nothing much, as we don\'t know any body in Mumbai/Maharashtra). After a week my father came out on bail. I engaged one more local lawyer again there it self as my lawyer couldn’t show much interest again (I feel he might have joined with them). Since then my father attended one time for hearing. We again started negotiating with them again. This time they sent a mediator to us and told a huge amount for mutual agreement. I spent most of my savings for my family, their family and to Lawyers. Now the amount they asked which I simply can’t give as it is impossible for me.

Yester day I heard from my lawyer that they filed a petition in Maharashtra court to Passport Office, Hyderabad to cancel my Passport, so that I can come to India. Now I want to seek help/guide from you all in this matter. I have few queries in this case.
1. Is it legal to file a 498A case against my parents and me when the case is running/pending in Thane, Maharashtra Court?
2. Is it possible to cancel my passport from Passport authorities, Hyderabad for this kind of cases as I neither a Terrorist nor cheated to any.
3. Is it possible that any international Police arrest me if I travel from Australia to any country at any international or Australian Airport? Why I am asking this is I have just come to Malaysia two days back on my job for 1 week trip.
4. Is there any possibility there that I can challenge this in any Indian Court (either in local Maharashtra or Thane Court or Supreme Court)? Can anyone give good lawyer details regarding this issue.
5. Can anyone email me that they knew some people in Passport Office, Hyderabad?
As I just want to know that what the authorities can do?
6. I heard somewhere that if the marriage happened over 7 yrs means, no one can file a 498A case (As I married more than 7 yrs)? Is it correct?

Ever since I married and even I got the divorce from Australian Court also I am still mentally getting tortured. So my dear friends pls help me in this regard as I am very frustrated now. I need your advice, suggestions. I can’t trust anyone in India except you all as you are like me.

Thanks you all for considering this matter.

Regards,



Victim No. 34 from hyderabad

moved from another city with my wife to stay with my parents after father got operated for heart ailment. she stayed with me and my parents for 11 days and then went to her home in the same town(hyderabad). and when i did not attend my BIL\'s Engement ceremony she fought with me and did not return to home. and after some 45 dyas she consumed some 20 pills of avil. and then filed a case which eventually became 498a, but since i had some copies of her threatns of suicide nad other SMS copies sent as threatns to me got the Bail after surrnedring in the court.

Victim No. 35 from Coimbatore

I am basically a qualified CA & ICWA and was in a decent job.V both r divorcees and marriage took place in a very very simple manner and I did not make any demand and she has come with two suitcase dresses and her personnal belongings.she already received a life time alimony of Rs. 150000 from her first husband.She has as soon as her arrival felt she could not fit in our deciplined culture.I have got only one brother who is BE graduate working for Indian Airlines and my father who is an ACMA is no more and passed away during 1996.Due to incompatibility she left out house on 24.02.2004 and took all her belongings on 06.06.2004. I gave a lawyer notice for divorce for which she never replied.She created some aweful scene before our house and I went for divorce again.After seeing the summon from the court, she came to our house on 05.09.2004 and 06.09.2004 and took some photographs and published in the media in the name of \"Hunger Strike\" to restore her family life whereas she never any petition in the Family court for Restition of Conjugal Rights for which she was not interested also.On the same day ie 06.06.04 she gave a complaint in the POlice Station saying that I drove her out for Rs.50000 demand of dowry and FIR was made on 09.09.2004.She had given so many allegations in her complaint but Police has registered only one section ie 498A of IPC since it is the constituional right of the ladies to give such a complaint.I was behind the bars for six days and with that I lost my job also.Subsequently I filed a case for Defamation on that family for a plot of publishing some defamatory news aganist me before going for the Police case or court. The court has ordered to register the FIR aganist all of them and now it will be done with in a day or two.The 498A case also will be over within a monthe or two since most the Prosecution Witness are examined and cross also over. The independant third party eye witness gave deposition aganist the girl only. Now Divorce case also pending and she has filed a petition for Interim Alimony and now for that adjournments are going on.

Victim No. 36 from Delhi

Dear All, Please note though i got a registered marriage done in sept 2002 at Delhi courts for the purpose of having a joint name in a property loan so that she can avail of the ITR benifits applicable. But it was decided between the families that both of us will have a social marriage after some time and we will stay together thereafter. However things did not materialise and we never got married socially and never stayed together as husband n wife ever. Now when it was discussed that we better get this marriage clear through mutual divorce first they agreed but later as the property has appreciated in the meantime it seems they are getting greedy and asking for unreasonable interest and even may be eying my property.
Keeping in view the developments i fear that to demand share in property they may try all these cheap tricks to harress and get share in property and try and lodge false complain now U/S 498a etc.
We have never stayed together so far but the house is in joint name and i want to get her name removed from the property. Please advise is there any preemtive way i can adopt before they try any stupid act. Is there a way one can get a anticipatory bail in such a case to avoid any stupid act they may try and do. Please advise with any contact nos. Thanking you/ Regards

Victim No. 37 from mohali ,punjab

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