14/05/2024, 17:19 A well said strategy to fight false 498a,DV and maintenanace cases - Family Law | Maintenance [10]

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A well said strategy to fight false 498a,DV and

maintenanace cases
Page no : 10

yudhvir 05 November 2016

dear sir

can a woman live focefully in mother-in-law house while her husband

living outside for job even her wife is getting maintaince charges and

her wife is torturing her mother and not giving even maintaince

charges of house like electicity bill etc and she filed a dv case also but
that was in his favour if dv is not in his favour what yet he has to give

her maintaince

   

yudhvir 05 November 2016

dear sir

can a woman live focefully in mother-in-law house while her husband

living outside for job even her wife is getting maintaince charges and
her wife is torturing her mother and not giving even maintaince
charges of house like electicity bill etc and she filed a dv case also but

that was in his favour if dv is not in his favour what yet he has to give
her maintaince she is living in his house from last 3 years

   

Bharat 20 February 2017

Sir i am a govt dr, elder brother of accused, complainant
filed false allegattions against us and my brother is a1,
mother a2, myself a3. Police arrested me and i was
remanded for twelve days. Now the police under lucrative
influence of complainant planning to issue red corner notice

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against my mother and brother who r currently in united

states. Wat all can we do to get out of this.. pls suggest sir...

   

Bharat 20 February 2017

Sir iam dr bharat,govt dr, elder brother of accused,
complainant filed false allegattions against us and my
brother is a1, mother a2, myself a3. Police arrested me and i
was remanded for twelve days. Now the police under
lucrative influence of complainant planning to issue red
corner notice against my mother and brother who r
currently in united states. Wat all can we do to get out of
this.. pls suggest sir...

   

Nitish Banka (lawyer) 21 January 2018

Some common Questions related about

498a?
Posted by: nitish788 Categories: Uncategorized
No comments

What precautions can an

Indian man take to save
himself from a false 498a et
al after an arranged
marriage?
Vivek Deveshwar, I know about Laws in India.

1. IPC 498A, CrPC 125, DV Act are applicable to all Indians

so marrying under some other marriage act won’t save a
man. Changing religion to Islam won’t help either.

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2. Pre-nuptial not valid in India. Marriage is considered a

sacrament under Hindu laws. But one can try nevertheles
as a future insurance assuming things go wrong.

3. Adultery is already covered as a ground of ground unde

HMA, which will still take many years if wife decides to
contest the divorce. Regarding that pre-marital contract,
which court and how will you enforce that contract?

4. Contrary to often claimed assertion by MRAs, onus of

proving guilt is still on prosecution, except in IPC 304B
(dowry death). It’s just that people think if police is not
listening to them, it must be that onus of proving innocen
is on them.

What other contingencies? You can’t. Don’t marry if your

marriage seems to be holding itself together based on a
bunch of pre-marital contracts. They won’t carry much
weight anyway.

For more info, go to Men Rights India – Men Rights, Man

Sense! which is my site on men’s rights issues. I thought o
answering some questions about men’s rights on Quora
myself, since I saw that others are referring to my site in
their answers.

What is the procedure for

arrest under Section 498A
and 406 in Delhi?
Shonee Kapoor, lives in New Delhi, lives in New Delhi
Answered Nov 14

In Delhi, the police follows the below procedure in norma

circumstances for arrest under 498a/ 406 Cases:

1. Call the accused to join investigation by sending notic

under CrPC 41(A)
2. If the accused is not co-operating/ custodial
interrogation is necessitated, a permission is sought
from concerned DCP for arrest of that person.
3. In normal circumstances permission for arrest of
husband only is given by DCP.

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However, the above procedure is not followed, if the

complainant has suffered grave injury/ attempted suicide/
there are other henious sections like 328, 377, 376/511, 35
etc are part of the FIR. Also, if the complainant/ her family
influential, there can be foul play as well.

To be on the safe side, it is always advised that one seek

Notice Bail (A kind of Anticipatory Bail which has been
granted following Delhi HC practise) to secure oneself full

How does a man prove he

did not demand a dowry in
a dowry case?
Rajinder Bhalla
Answered Dec 9

Though it is right that it is for the prosecution to prove tha

there was demand for dowry but in Indian courts as per
current practice it is difficult to get bail or anticipatory bai
without some kind of proof.

First proof will be non user of the dowry items by the

husband. If there are dowry items like car or something
specially for the husband and he is usually that exclusively
then that must be returned or price of a new vehicle must
be returned to prove or give weight to the bail application
that he never intended to enrich himself out of marriage.

Second the husband can offer to give security deposit to

the satisfaction of the court.

Third evidence can be given of other marriage in the same

family say sisters and brothers and their spouses.

Fourth evidence can be given of neighbours of the nature

the family and members in general.

Fifth evidence can be given of the bank accounts – that

there was no cash which exchanged hands during marriag
or any time close.

Sixth evidence can be given of expenses incurred by the g

after marriage and how lavish and extravagant she is. The
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trips made after marriage can also help.

Seventh the pics of the couple together at various outings

will also help in securing bail.

Once bail is there – relax.

You do not have to prove anything. Let the prosecution

prove everything. If there is not sufficient proof by them y
need not even give a statement that you did not demand
dowry. Though giving a statement will be better option in
most of the cases.

Is 498A really misused

against Indian men?
DOWRY LAWS MISUSED

WHAT IS SECTION 498-A

Section 498-A is contained in the IPC(Indian penal code).it

contains provisions related to dowery & empower women
to fight aginst it menace.

Dowry is the money,goods,or estate that a women brings

a marriage.under the dowry prohibition act of 1961,dower
is illegal in india,under which both giving and accepting
dowery Indian Penal Code, Offence definition, Offences in
Indiathis law the punishment for violating is 5 years
imprisonment + RS15000 fine or the value of the dowry
given,whichever is more.

DOWRY THE MENACE

Dowery is a big menace in Indian society. people are afrai

to complain to the police regarding dowery, due to which
there is an increase in dowry-related crimes.

DOWRY AND IPC(INDIAN PENAL CODE)

According to the IPC dowery prohibition (DP) ACT 1961, th

menace of dowery has been covered in three sections.first
section 406, second is section 304-B & third is section 498
A.However, there are some major issues with these laws a
discussed under.

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In order to stop dowery related crimes, a dowery pro act

1961 was enacted to prevent atrocities against women.act
of dowery is a punishable offence under ipc.;

SUPREME COURT INTERPRETATION

The IPC of section 498A deals with if the husband or a

relative of the husband of women, subjects the woman to
cruelty, he shall be punished with imprisonment to three
years and shall also be liable to fine.here considered to be
non-compoundable or non-bailable.this means they once
the case is lodged, there cannot be compromised.

SECTION 498 -A IS BEING MIS-USED

Chandrabhan vs state

In 2008,after prolonged dispute and multiple cases the

Delhi high court came to the conclusion that most of the
complaints are filed in the of the moment over trifling and
ego https://clashes.it is also a matter of common knowled
that in the tussle between the couple and ongoing hostilit
the hapless children are the most victims.

FALSE COMPLAINTS

The verification of the complaints shall be carried out by a

special police officer and a district level family welfare
committee.which will preferably be comprised of three
members, who can be ‘’paralegal volunteers/social
workers/other citizens who may be found suitable and
willing’’.

The court also assured that gave physical injury on the

death of the aggrieved would be an exception to the
directive.

SUSHIL KUMAR SHARMA VS UNION OF INDIA

IN 2005, the supreme court observed that complaints und

section 498-A of the IPC were being filed on the basis of
personal by misuse of the provision.this was seen as a new
legal terrorism. It also observed that the legislature should
find out the way in which makers of frivolous complaints
can be appropriately dealt with.
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RAJESH SHARMA AND OTHERS VS STATE OF UP

Supreme court states that there is an underlying assumpti

the judgement that women misuse the law and for this
reason, the law itself must be emasculated.

SUPREME COURT GUIDELINES

Under section 498-A all complaints received by the

police or the magistrate shall be looked into by such
committees and no arrest will be made unless the
committee report is received by the police.in case of a
bail application, the committee shall look into it on the
same day as far as possible.The court also made it easi
for possible residing abroad and directed that no
passport shall be impounded or issuance of red corner
notice should not be a routine.

The Supreme Court 2014 and 2017 Judgements on

Dowry Law

2014 Judgment

In the

Arnesh Kumar v State of Bihar,

a wife had alleged that her father-in-law and the mother-i

law had demanded Rs 8 lakhs, a car, an air conditioner etc
in the form of dowry. When her family failed to pay this, s
was threatened by her husband for a second marriage and
drove her out of the house. The Supreme Court, however,
observed that

there were several frivolous complaints lodged by women to

falsely implicate their in-laws and thus laid down a checklis
of nine criteria which must be complied with before arrestin
a person under Section 498A of IPC.

2017 Judgement

In the recent

Rajesh Sharma and Ors. v State of UP

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case also, a woman had complained of dowry demand by

her in-laws subsequent to which she was dropped at her
matrimonial home when she was pregnant. She had to go
through trauma and had a miscarriage followed by her in-
laws taking away her

stridhan

. The Court, in this case, gave further stringent criteria for

determination of case under Section 498A.

It mandates the setting up of a family welfare committee i

every district for scrutinizing the dowry harassment cases.

The members of this committee shall be social workers or

persons interested in the subject.

The members shall be paid an honorarium.

The police has to look into the recommendations of these

committees before making any arrests

The focus here is thus mainly the accused and not the
women who may genuinely seek relief from the court. In
this way, the court has overlooked the main objective of a
penal provision to give full protection to the victim while
reviewing it. The provision has not been able to control
dowry deaths which have been at the rate of 20 per day
from 2012 to 2014. Thus, the judgments in this manner ha
eroded the interests of the large groups of women and
taken a step back in the achievement of gender equality.

How to quash false 498a?

498a Quashing-How to Quash?
Posted by: nitish788 Categories: Uncategorized

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1 Comment

498a Quashing-How to Quash?

These days its quite an easy tasks for women to register

a FIR by attributing allegations of cruelty and a case is
registered and thereby the husband and his family membe
has to go harassment and torture. Now one remedy is
available for them which can relieve them from all the
harassment and torture and that is quashing of FIR under
482 CrPC. But this remedy is generally very sparingly and
rarely exercised by the courts. Generally allegations of
cruelty are mentioned in the FIR and based on this FIR is
lodged but sometimes police forgets that in the cases
of 498a general allegations of cruelty does not stand, the
allegation must qualify either of the two parts as envisage
in section 498a.

First part is that the harassment which can be physical or

mental is of such a nature that it could cause women to p
her under grievous hurt or she may even commit suicide
based on such harassment, therefore only gravest form of
harassment are covered, but less graver form of harassme
can be used in civil suit for divorce. if the FIR does not
satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3

C 736, it was held that the
Magistrate while issuing process against the accused shou
satisfy himself as to whether the
allegations made in the complaint, if proved, would ultima
ly end in the conviction of the
accused. It was held that the order of Magistrate for issuin
process against the accused could be
quashed under the following circumstances: (SCC p. 741, p

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a 5) “(1) Where the allegations made

in the complaint or the statements of the witnesses recor
ded in support of the same taken at their
face value make out absolutely no case against the accus
ed or the complaint does not disclose the
essential ingredients of an offence which is alleged again
st the accused; (2) Where the allegations
made in the complaint are patently absurd and inherentl
y improbable so that no prudent person
can ever reach a conclusion that there is sufficient groun
d for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in is
suing process is capricious and arbitrary having been
based either on no evidence or on materials which
are wholly irrelevant or
inadmissible; and (4) Where the complaint suffers from fu
ndamental legal defects, such as, want
of sanction, or absence of a complaint by legally compet
ent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July,

2009

In order to understand the meaning of the expression

`cruelty’ as envisaged under Section 498A, there must be
such a conduct on the part of the husband or relatives of
the husband of woman which is of such a nature as to
cause the woman to commit suicide or to cause grave
injury or danger to life, limb or health whether mental or
physical of the woman.

Therefore if prima facie the charge sheet or FIR does not

disclose an offence under section 498a the court can
quash

the proceedings.

Warm Regards,

Adv.Nitish Banka

Advocate Supreme Court of India

[email protected]

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   

Nitish Banka (lawyer) 21 March 2018

Some important judgement on Maintenance

Section 125 CrPC
Posted by: nitish788 Categories: Uncategorized
30 Comments

Some important judgement on Maintenance Section

125 CrPC

Where the wife claims maintenance under Section 125,

she must positively aver in her petition that she is
unable to maintain herself in addition to the facts that
her husband has sufficient means to maintain her and
that he has neglected to maintain her.”

Contact lawyer Nitish Banka -> call@ 9891549997 –

>Free consultation on phone<—-

Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980

MAINTENANCE TO HUSBAND BY WIFE

How Maintenance to wife is assessed in S.24 HMA

Divorce on Adultery

Desertion as a ground for divorce -What to prove?

125 CrPc-How to alter the maintainance

Interim Maintenance-How courts calculate

Interim Maintenance Reduced Judgments

All About Maintenance and Interim Maintainence

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LAND MARK SC JUDGEMENT ON INTERIM

MAINTENANCE/MAINTENANCE 125 crpc

Maintenance u/s125Crpc stopped

to wife if she gets job
Vikas Jain . . Revisionist Versus Smt. Deepali @ Ayushi Jain

No Maintenance u/s Crpc

125 to wife if she deserts
hubby without any cause
and also earning
Smt. Archana Gupta & Another .Versus Sri Rajeev Gupta &
Another

Maintenance not granted as it is proved that wife wants

to reside separately.

Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar

Unemployed man can not be forced to pay Maintenance

Sanjay Bhardwaj & Ors. … Versus The State & Anr. .

LAND MARK SC JUDGEMENT ON INTERIM

MAINTENANCE/MAINTENANCE 125 crpcJune 25, 2013In
"Family Law"

Interim Maintenance Reduced JudgmentsSeptember 1,

2016Similar post

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All About Maintenance and Interim MaintainenceJuly 30,

2016With 1 comment

   

Nitish Banka (lawyer) 24 April 2018

   

(Guest)
Brother what you said is very right. It may sound crude, but
all your statements are right. Thanks for taking time to post
it.

 

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