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498a Discussion Forum Fight against the misuse of IPC 498a (anti-dowry law) 2019-02-07T07:50:46+00:00 https://www.498a.org/forum/feed.php?f=8 2019-02-07T07:50:46+00:00 2019-02-07T07:50:46+00:00 https://www.498a.org/forum/viewtopic.php?t=9888&p=104072#p104072 <![CDATA[498a Resources and Discussions • Re: Repository]]> Statistics: Posted by srkraidu — Thu Feb 07, 2019 7:50 am

]]> 2018-05-01T11:35:51+00:00 2018-05-01T11:35:51+00:00 https://www.498a.org/forum/viewtopic.php?t=15462&p=103980#p103980 <![CDATA[498a Resources and Discussions • Re: Plz help on 125(divorce and 498a)]]>
u can apply for restoration, but that can be done only if u appear personally. instead u can appear now itself and continue the case.

2) if u don't appear in 498a case, it would be taken that what ur wife stated in complaint is correct [as it is not contested by u and proved otherwise] and judgment given that u committed the offence.

u won't have much ground to go for appeal as u yourself did not appear for the trial.

3) there may not be much benefit in appealing against the interim maintenance of Rs. 5,000/-.

u can explore the possibility of an out of court settlement.

Statistics: Posted by ganeshrao — Tue May 01, 2018 11:35 am

]]> 2018-04-12T18:29:15+00:00 2018-04-12T18:29:15+00:00 https://www.498a.org/forum/viewtopic.php?t=15462&p=103970#p103970 <![CDATA[498a Resources and Discussions • Re: Plz help on 125(divorce and 498a)]]> I last visited in Dec17 and then i did not apprear for last 3 dates in this month there is a 4th date. My lawyer is saying if i do not appear case will be closed, but i do not trust him he never gave me any good advice.

In case divorce case is closed then is there any way to reopen divorce case and how soon i have to go for reopen and how much time it takes?

I am tired with these lawyers now they just want to make money no sentiments, i am not able to find fine lawyer as case is in the city where bitch family has influence and if i think to send lawyer from outside he ask lot of money but in advance:)

Statistics: Posted by abhi18jul — Thu Apr 12, 2018 6:29 pm

]]> 2018-03-29T03:47:31+00:00 2018-03-29T03:47:31+00:00 https://www.498a.org/forum/viewtopic.php?t=15462&p=103967#p103967 <![CDATA[498a Resources and Discussions • Re: Plz help on 125(divorce and 498a)]]> Statistics: Posted by abhi18jul — Thu Mar 29, 2018 3:47 am

]]> 2018-03-29T02:41:56+00:00 2018-03-29T02:41:56+00:00 https://www.498a.org/forum/viewtopic.php?t=15462&p=103966#p103966 <![CDATA[498a Resources and Discussions • Re: Plz help on 125(divorce and 498a)]]>
If you do not pay maintenance, court can pass painful orders. You can try this approach but it is not recommended.

You need to appear for 498A cross. Fighting conviction is worse than you think.

You may stop pursuing divorce case. Focus on maintenance.

HINDU LEGAL SYSTEM WILL NEVER LEAD TO DIVORCE. Only talking to opposition party can fetch you divorce.

Statistics: Posted by anand108 — Thu Mar 29, 2018 2:41 am

]]> 2018-03-18T15:07:47+00:00 2018-03-18T15:07:47+00:00 https://www.498a.org/forum/viewtopic.php?t=15462&p=103965#p103965 <![CDATA[498a Resources and Discussions • Plz help on 125(divorce and 498a)]]>
Below is the current status of my cases.
1. Sec24- Judge has passed an interim maintenance of 5k per month.
2. 125- I need to submit the reply(yes in future i will have to pay maintenance in either 125 or sec24)
3. Divorce - Lawyer saying now you have to come for cross.
4. 498a - Lawyer saying now you have to come for cross.

Personal issue-
My parents are not well and my job is not in good condition i will have to switch job asap which has become a challenge for me as i did not focus on office work for years when i was wasting my time to get anticipatory bail from SC and after wasting huge money and time i got regular bail after appearing to police:(
I am now tired with these case and have tried everything which i can to settle the case but ex is not ready.

My thought process:
To fight divorce and 498a i do not have very strong proofs, Although i have small points and so called proofs and i know i will have to appear in court and waste more time and money then miracle may or may not happen but i will lost my precious time which i must spent to brush up my skills and improve the conditions of my job as without job i have nothing...no saving.
Hence i have made up my mind to not appear in divorce/125 and 498a.

Questions:
1. 125: This is my real worry because this is for permanent maintenance, I prepare and sent an application to my lawyer and mentioned my liabilities, not able to give more money and my conditions.
1.1 As judge has passed 5k for interim maintenance, i am wondering if they will pass same 5k in 125 or any chance for more than 5k or if it could be less than 5k.
1.2 Ex never worked but she is educated M.Sc, Kindly share ruling for no or less maintenance for non working educated wife with no kids?
1.3 i do not have any proofs that she did M.Sc, Kindly share how i can obtain her degrees?
1.4 If i stop sending money which i am currently paying 5k per month as interim maintenance, What is the complications, it felt like fool as i am not getting divorce but paying money. Is it good idea if i stop sending money?
1.5 Most importantly, I want to file any case which help me to reduce the 5k interim maintenance, Which case i can file, in which court? any restriction of jurisdiction as i live in Maharashtra and case is in MP. If i file this case then can i stop paying 5k till the case is pending?

2. If i do not appear in divorce and case got rejected, Will i be able to claim for divorce by any mean?
3. Re 498a, i am thinking not to appear and let them pass the judgement against me and the i will go session and then HC for revisions. Any suggestions here?
4. I feel that ex is harassing me by not giving divorce and taking money and i feel getting divorce should be my human right as i have wasted more than 6 years, is it not violation of someones human right. Can i file any(ANY) case in diff state where i live so that ex has to come here to attend that case and then she may go for settlement.

Please rely and suggest.
Thanks

Statistics: Posted by abhi18jul — Sun Mar 18, 2018 3:07 pm

]]> 2017-11-11T12:02:18+00:00 2017-11-11T12:02:18+00:00 https://www.498a.org/forum/viewtopic.php?t=9888&p=103898#p103898 <![CDATA[498a Resources and Discussions • Legal Terrorism]]> @LegalTerrorismIndia
https://www.facebook.com/LegalTerrorismIndia/

Statistics: Posted by srkraidu — Sat Nov 11, 2017 12:02 pm

]]> 2017-10-18T07:44:47+00:00 2017-10-18T07:44:47+00:00 https://www.498a.org/forum/viewtopic.php?t=9888&p=103850#p103850 <![CDATA[498a Resources and Discussions • Supreme Court Issues New Guidelines To Prevent Misuse Of S.4]]>
http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/

http://www.livelaw.in/automatic-arrest-498-cases-sc-issues-strict-guidelines-police-magistrates-non-compliance-will-attract-disciplinary-contempt-proceedings/

1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1265 OF 2017
[Arising out of Special Leave Petition (Crl.) No.2013 of 2017]
Rajesh Sharma & ors. …Appellants
Versus
State of U.P. & Anr. …Respondents
J U D G M E N T
Adarsh Kumar Goel, J.
1. Leave granted.
2. The question which has arisen in this appeal is whether any
directions are called for to prevent the misuse of Section 498A, as
acknowledged in certain studies and decisions. The Court
requested Shri A.S. Nadkarni, learned ASG and Shri V.V. Giri,
learned senior counsel to assist the Court as amicus. We place on
record our gratitude for the assistance rendered by learned ASG
Shri Nadkarni and learned senior counsel Shri Giri who in turn was
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Digitally signed by
SWETA DHYANI
Date: 2017.07.27
17:07:01 IST
Reason:
Signature Not Verified
2
ably assisted by advocates Ms. Uttara Babbar, Ms. Pragya Baghel
and Ms. Svadha Shanker.
3. Proceedings have arisen from complaint dated 2nd
December, 2013 filed by respondent No.2 wife of appellant No.1.
Appellants 2 to 5 are the parents and siblings of appellant No.1.
The complainant alleged that she was married to appellant No.1
on 28th November, 2012. Her father gave dowry as per his
capacity but the appellants were not happy with the extent of the
dowry. They started abusing the complainant. They made a
demand of dowry of Rs.3,00,000/- and a car which the family
could not arrange. On 10th November, 2013, appellant No.1
dropped the complainant at her matrimonial home. She was
pregnant and suffered pain in the process and her pregnancy was
terminated. On the said version, and further version that her
stridhan was retained, appellant No.1 was summoned under
Section 498A and Section 323 IPC. Appellants 2 to 5 were not
summoned. Order dated 14th July, 2014 read as follows:
“After perusal of the file and the document brought on
record. It is clear that the husband Shri Rajesh Sharma
demanded car and three lacs rupees and in not meeting the
demand. It appears that he has tortured the complainant.
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So far as torture and retaining of the stri dhan and
demanding 50,000 and a gold chain and in not meeting the
demand the torture is attributable against Shri Rajesh
Sharma. Rajesh Sharma appears to be main accused. In
the circumstances, rest of the accused Vijay Sharma,
Jaywati Sharma, Praveen Sharma and Priyanka Sharma
have not committed any crime and they have not
participated in commission of the crime. Whereas, it
appears that Rajesh Sharma has committed an offence
under Section 498A, 323 IPC and read with section 3 / 4 DP
act appears to have prima facie made out. Therefore, a
summon be issued against him.”
4. Against the above order, respondent No.2 preferred a
revision petition and submitted that appellants 2 to 5 should also
have been summoned. The said petition was accepted by the
Additional Sessions Judge, Jaunpur vide order dated 3rd July, 2015.
The trial court was directed to take a fresh decision in the matter.
Thereafter, the trial court vide order dated 18th August, 2015
summoned appellants 2 to 5 also. The appellants approached the
High Court under Section 482 CrPC against the order of
summoning. Though the matter was referred to the mediation
centre, the mediation failed. Thereafter, the High Court found no
ground to interfere with the order of summoning and dismissed
the petition. Hence this appeal.
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5. Main contention raised in support of this appeal is that there
is need to check the tendency to rope in all family members to
settle a matrimonial dispute. Omnibus allegations against all
relatives of the husband cannot be taken at face value when in
normal course it may only be the husband or at best his parents
who may be accused of demanding dowry or causing cruelty. To
check abuse of over implication, clear supporting material is
needed to proceed against other relatives of a husband. It is
stated that respondent No.2 herself left the matrimonial home.
Appellant No.2, father of appellant No.1, is a retired government
employee. Appellant No.3 is a house wife. Appellant No.4 is
unmarried brother and appellant No.5 is unmarried sister who is a
government employee. Appellants 2 to 5 had no interest in
making any demand of dowry.
6. Learned counsel for respondent No.2 supported the
impugned order and the averments in the complaint.
7. Learned ASG submitted that Section 498A was enacted to
check unconscionable demands by greedy husbands and their
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5
families which at times result in cruelty to women and also
suicides. He, however, accepted that there is a growing tendency
to abuse the said provision to rope in all the relatives including
parents of advanced age, minor children, siblings, grand-parents
and uncles on the strength of vague and exaggerated allegations
without there being any verifiable evidence of physical or mental
harm or injury. At times, this results in harassment and even
arrest of innocent family members, including women and senior
citizens. This may hamper any possible reconciliation and reunion
of a couple. Reference has been made to the statistics from the
Crime Records Bureau (CRB) as follows:
“9. That according to Reports of National Crime
Record Bureau in 2005, for a total 58,319 cases
reported under Section 498A IPC, a total of 1,27,560
people were arrested, and 6,141 cases were
declared false on account of mistake of fact or law.
While in 2009 for a total 89,546 cases reported, a
total of 1,74,395 people were arrested and 8,352
cases were declared false on account of mistake of
fact or law.
10. That according to Report of Crime in India, 2012
Statistics, National Crime Records Bureau, Ministry of
Home Affairs showed that for the year of 2012, a
total of 197,762 people all across India were arrested
under Section 498A, Indian Penal Code. The Report
further shows that approximately a quarter of those
arrested were women that is 47,951 of the total were
perhaps mother or sisters of the husband. However
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most surprisingly the rate of charge-sheet filing for
the year 2012, under Section 498A IPC was at an
exponential height of 93.6% while the conviction rate
was at a staggering low at 14.4% only. The Report
stated that as many as 3,72,706 cases were pending
trial of which 3,17,000 were projected to be
acquitted.
11. That according to Report of Crime in India, 2013,
the National Crime Records Bureau further pointed
out that of 4,66,079 cases that were pending in the
start of 2013, only 7,258 were convicted while
38,165 were acquitted and 8,218 were withdrawn.
The conviction rate of cases registered under Section
498A IPC was also a staggering low at 15.6%.”
8. Referring to Sushil Kumar Sharma versus Union of
India1, Preeti Gupta versus State of Jharkhand2, Ramgopal
versus State of Madhya Pradesh3, Savitri Devi versus
Ramesh Chand4, it was submitted that misuse of the provision is
judicially acknowledged and there is need to adopt measures to
prevent such misuse. The Madras High Court in M.P. No.1 of 2008
in Cr. O.P. No.1089 of 2008 dated 4th August, 2008 directed
issuance of following guidelines:
“It must also be borne in mind that the object behind the
enactment of Section 498-A IPC and the Dowry Prohibition
1 (2005) 6 SCC 281
2 (2010) 7 SCC 667
3 (2010) 13 SCC 540
4 ILR (2003) I Delhi 484
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Act is to check and curb the menace of dowry and at the
same time, to save the matrimonial homes from destruction.
Our experience shows that, apart from the husband, all
family members are implicated and dragged to the police
stations. Though arrest of those persons is not at all
necessary, in a number of cases, such harassment is made
simply to satisfy the ego and anger of the complainant. By
suitably dealing with such matters, the injury to innocents
could be avoided to a considerable extent by the
Magistrates, but, if the Magistrates themselves accede to the
bare requests of the police without examining the actual
state of affairs, it would create negative effects thereby, the
very purpose of the legislation would be defeated and the
doors of conciliation would be closed forever. The husband
and his family members may have difference of opinion in
the dispute, for which, arrest and judicial remand are not the
answers. The ultimate object of every legal system is to
punish the guilty and protect the innocents.”
9. Delhi High Court vide order dated 4th August, 2008 in
Chander Bhan versus State5 in Bail Application No.1627/2008
directed issuance of following guidelines :
“2. Police Authorities:
(a) Pursuant to directions given by the Apex Court, the
Commissioner of Police, Delhi vide Standing Order
No.330/2007 had already issued guidelines for arrest in the
dowry cases registered under Sections 498-A/406 IPC and
the said guidelines should be followed by the Delhi Police
strictly and scrupulously.
(i) No case under Section 498-A/406 IPC should be
registered without the prior approval of DCP/Addl.DCP.
(ii) Arrest of main accused should be made only after
thorough investigation has been conducted and with the
prior approval of the ACP/DCP.
5 (2008) 151 DLT 691
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(iii) Arrest of the collateral accused such as father-in-law,
mother-in-law, brother-in-law or sister-in-law etc. should only
be made after prior approval of DCP on file.
(b) Police should also depute a well trained and a well
behaved staff in all the crime against women cells especially
the lady officers, all well equipped with the abilities of
perseverance, persuasion, patience and forbearance.
(c) FIR in such cases should not be registered in a routine
manner.
(d) The endavour of the Police should be to scrutinize
complaints very carefully and then register FIR.
(e) The FIR should be registered only against those
persons against whom there are strong allegations of
causing any kind of physical or mental cruelty as well as
breach of trust.
(f) All possible efforts should be made, before
recommending registration of any FIR, for reconciliation and
in case it is found that there is no possibility of settlement,
then necessary steps in the first instance be taken to ensure
return of stridhan and dowry articles etc. by the accused
party to the complainant.”
10. In Arnesh Kumar versus State of Bihar6, this Court
directed as follows :
“11.1All the State Governments to instruct its police officers
not to automatically arrest when a case under Section 498-A
of the IPC is registered but to satisfy themselves about the
necessity for arrest under the parameters laid down above
flowing from Section 41, Cr.PC;
11.2 All police officers be provided with a check list
containing specified sub-clauses under Section 41(1)(b)(ii);
6 (2014) 8 SCC 273
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11.3 The police officer shall forward the check list duly filed
and furnish the reasons and materials which necessitated the
arrest, while forwarding/producing the accused before the
Magistrate for further detention;
11.4 The Magistrate while authorizing detention of the
accused shall peruse the report furnished by the police
officer in terms aforesaid and only after recording its
satisfaction, the Magistrate will authorize detention;
11.5 The decision not to arrest an accused, be forwarded to
the Magistrate within two weeks from the date of the
institution of the case with a copy to the Magistrate which
may be extended by the Superintendent of police of the
district for the reasons to be recorded in writing;
11.6 Notice of appearance in terms of Section 41A of Cr.PC
be served on the accused within two weeks from the date of
institution of the case, which may be extended by the
Superintendent of Police of the District for the reasons to be
recorded in writing;
11.7 Failure to comply with the directions aforesaid shall
apart from rendering the police officers concerned liable for
departmental action, they shall also be liable to be punished
for contempt of court to be instituted before High Court
having territorial jurisdiction.
11.8 Authorising detention without recording reasons as
aforesaid by the judicial Magistrate concerned shall be liable
for departmental action by the appropriate High Court.”
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11. Learned ASG suggested that there must be some preliminary
inquiry on the lines of observations in Lalita Kumari versus
Government of Uttar Pradesh7. Arrest of a relative other than
husband could only be after permission from the concerned
Magistrate. There should be no arrest of relatives aged above 70
years. Power of the police to straight away arrest must be
prohibited. While granting permission, the court must ascertain
that there is prima facie material of the accused having done
some overt and covert act. The offence should be made
compoundable and bailable. The role of each accused must be
specified in the complaint and the complaint must be
accompanied by a signed affidavit. The copy of the preliminary
enquiry report should be furnished to the accused.
12. Shri V. Giri, learned senior counsel assisted by advocates Ms.
Uttara Babbar, Ms. Pragya Baghel and Ms. Svadha Shanker
submitted that arrest in an offence under Section 498A should be
only after recording reasons and express approval from the
Superintendent of Police. In respect of relatives who are
ordinarily residing outside India, the matter should proceed only if
7 (2014) 2 SCC 1
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the IO is convinced that arrest is necessary for fair investigation.
In such cases impounding of passport or issuance of red corner
notice should be avoided. Procedure under Section 14 of the
Protection of Women from Domestic Violence Act, 2005, of
counseling should be made mandatory before registration of a
case under Section 498A.
13. We have given serious consideration to the rival submissions
as well as suggestions made by learned ASG and Shri V. Giri,
Senior Advocate assisted by Advocates Ms. Uttara Babbar, Ms.
Pragya Baghel and Ms. Svadha Shanker. We have also
perused 243rd Law Commission Report (August, 2012), 140th
Report of the Rajya Sabha Committee on Petition (September,
2011) as well as several decisions to which our attention has been
invited.
14. Section 498A was inserted in the statute with the laudable
object of punishing cruelty at the hands of husband or his
relatives against a wife particularly when such cruelty had
potential to result in suicide or murder of a woman as mentioned
in the Statement of Objects and Reasons of the Act 46 of 1983.
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The expression ‘cruelty’ in Section 498A covers conduct which
may drive the women to commit suicide or cause grave injury
(mental or physical) or danger to life or harassment with a view to
coerce her to meet unlawful demand.8 It is a matter of serious
concern that large number of cases continue to be filed under
Section 498A alleging harassment of married women. We have
already referred to some of the statistics from the Crime Records
Bureau. This Court had earlier noticed the fact that most of such
complaints are filed in the heat of the moment over trivial issues.
Many of such complaints are not bona fide. At the time of filing of
the complaint, implications and consequences are not visualized.
At times such complaints lead to uncalled for harassment not only
to the accused but also to the complainant. Uncalled for arrest
may ruin the chances of settlement. This Court had earlier
observed that a serious review of the provision was warranted9.
The matter also appears to have been considered by the Law
Commission, the Malimath Committee, the Committee on
Petitions in the Rajya Sabha, the Home Ministry, which have been
referred to in the earlier part of the Judgment. The abuse of the
8 Explanation to Section 498A
9 Preeti Gupta (supra)
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provision was also noted in the judgments of this Court referred to
earlier. Some High Courts have issued directions to check such
abuse. In Arnesh Kumar (supra) this Court gave directions to
safeguard uncalled for arrests. Recommendation has also been
made by the Law Commission to make the offence
compoundable. 15. Following areas appear to require remedial
steps :-
i) Uncalled for implication of husband and his relatives
and arrest.
ii) Continuation of proceedings in spite of settlement
between the parties since the offence is
non-compoundable and uncalled for hardship to parties
on that account.
16. Function of this Court is not to legislate but only to interpret
the law. No doubt in doing so laying down of norms is sometimes
unavoidable.10 Just and fair procedure being part of fundamental
right to life,11 interpretation is required to be placed on a penal
provision so that its working is not unjust, unfair or unreasonable.
The court has incidental power to quash even a
10 Sahara India Real Estate Corporation Limited v. Securities and Exchange
Board of India (2012) 10 SCC 603- para 52, SCBA v. Union of India (1998) 4 SCC 409- para
47, Union of India vs. Raghubir Singh (d) by Lrs. (1989) 2 SCC 754- para 7, Dayaram vs.
Sudhir Batham (2012) 1 SCC 333
11 State of Punjab vs. Dalbir Singh (2012) 3 SCC 346- para 46,52 & 85, (2014) 4
SCC 453- para-21
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non-compoundable case of private nature, if continuing the
proceedings is found to be oppressive.12 While stifling a
legitimate prosecution is against public policy, if the proceedings
in an offence of private nature are found to be oppressive, power
of quashing is exercised.
17. We have considered the background of the issue and also
taken into account the 243rd Report of the Law Commission dated
30th August, 2012, 140th Report of the Rajya Sabha Committee on
Petitions (September, 2011) and earlier decisions of this Court.
We are conscious of the object for which the provision was
brought into the statute. At the same time, violation of human
rights of innocent cannot be brushed aside. Certain safeguards
against uncalled for arrest or insensitive investigation have been
addressed by this Court. Still, the problem continues to a great
extent.
18. To remedy the situation, we are of the view that involvement
of civil society in the aid of administration of justice can be one of
the steps, apart from the investigating officers and the concerned
12 Gian Singh vs. State of Punjab (2012) 10 SCC 303- para-61, (2014) 5 SCC
364- para -14
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15
trial courts being sensitized. It is also necessary to facilitate
closure of proceedings where a genuine settlement has been
reached instead of parties being required to move High Court only
for that purpose.
19. Thus, after careful consideration of the whole issue, we
consider it fit to give following directions :-
i) (a) In every district one or more Family Welfare
Committees be constituted by the District Legal
Services Authorities preferably comprising of three
members. The constitution and working of such
committees may be reviewed from time to time
and at least once in a year by the District and
Sessions Judge of the district who is also the
Chairman of the District Legal Services Authority.
(b) The Committees may be constituted out of
para legal volunteers/social workers/retired
persons/wives of working officers/other citizens
who may be found suitable and willing.
WWW.LIVELAW.IN
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(c) The Committee members will not be called as
witnesses.
(d) Every complaint under Section 498A
received by the police or the Magistrate be
referred to and looked into by such committee.
Such committee may have interaction with the
parties personally or by means of telephone or
any other mode of communication including
electronic communication.
(e) Report of such committee be given to the
Authority by whom the complaint is referred to it
latest within one month from the date of receipt of
complaint.
(f) The committee may give its brief report about
the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no
arrest should normally be effected.
WWW.LIVELAW.IN
17
(h) The report may be then considered by the
Investigating Officer or the Magistrate on its own
merit.
(i) Members of the committee may be given such
basic minimum training as may be considered
necessary by the Legal Services Authority from
time to time.
(j) The Members of the committee may be given
such honorarium as may be considered viable.
(k) It will be open to the District and Sessions
Judge to utilize the cost fund wherever considered
necessary and proper.
ii) Complaints under Section 498A and other
connected offences may be investigated only by a
designated Investigating Officer of the area. Such
designations may be made within one month from
today. Such designated officer may be required to
undergo training for such duration (not less than
one week) as may be considered appropriate. The
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18
training may be completed within four months
from today;
iii) In cases where a settlement is reached, it will be
open to the District and Sessions Judge or any
other senior Judicial Officer nominated by him in
the district to dispose of the proceedings including
closing of the criminal case if dispute primarily
relates to matrimonial discord;
iv) If a bail application is filed with at least one clear
day’s notice to the Public Prosecutor/complainant,
the same may be decided as far as possible on the
same day. Recovery of disputed dowry items may
not by itself be a ground for denial of bail if
maintenance or other rights of wife/minor children
can otherwise be protected. Needless to say that
in dealing with bail matters, individual roles, prima
facie truth of the allegations, requirement of
further arrest/ custody and interest of justice must
be carefully weighed;
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19
v) In respect of persons ordinarily residing out of
India impounding of passports or issuance of Red
Corner Notice should not be a routine;
vi) It will be open to the District Judge or a designated
senior judicial officer nominated by the District
Judge to club all connected cases between the
parties arising out of matrimonial disputes so that
a holistic view is taken by the Court to whom all
such cases are entrusted; and
vii) Personal appearance of all family members and
particularly outstation members may not be
required and the trial court ought to grant
exemption from personal appearance or permit
appearance by video conferencing without
adversely affecting progress of the trial.
viii) These directions will not apply to the offences
involving tangible physical injuries or death.
20. After seeing the working of the above arrangement for six
months but latest by March 31, 2018, National Legal Services
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20
Authority may give a report about need for any change in above
directions or for any further directions. The matter may be listed
for consideration by the Court in April, 2018.
21. Copies of this order be sent to National Legal Services
Authority, Director General of Police of all the States and the
Registrars of all the High Courts for further appropriate action.
22. It will be open to the parties in the present case to approach
the concerned trial or other court for further orders in the light of
the above directions.
…………………………………….J.
(Adarsh Kumar Goel)
…………………………………….J.
(Uday Umesh Lalit)
New Delhi;
27th July, 2017.
WWW.LIVELAW.IN

Statistics: Posted by srkraidu — Wed Oct 18, 2017 7:44 am

]]> 2017-08-06T18:13:10+00:00 2017-08-06T18:13:10+00:00 https://www.498a.org/forum/viewtopic.php?t=12649&p=103722#p103722 <![CDATA[498a Resources and Discussions • Re: Attributes of a good lawyer - you wish your lawyer had !]]> Statistics: Posted by victimoffraud — Sun Aug 06, 2017 6:13 pm

]]> 2017-07-29T17:20:37+00:00 2017-07-29T17:20:37+00:00 https://www.498a.org/forum/viewtopic.php?t=15409&p=103712#p103712 <![CDATA[498a Resources and Discussions • Re: Need judgement regarding maintenance for a qualified wif]]>
It is burden on opposite party to prove income.

But few judges are biased and may grant 3 to 5 thousand as interim maintenance.

Other sections u can refer that in DV she got interim. Final maintenance will be rejected based on merits.

To prove your wife qualification, you need to provide her degree certificates etc in the court.

Statistics: Posted by 498a_raja_victim — Sat Jul 29, 2017 5:20 pm

]]> 2017-07-29T14:07:30+00:00 2017-07-29T14:07:30+00:00 https://www.498a.org/forum/viewtopic.php?t=15409&p=103711#p103711 <![CDATA[498a Resources and Discussions • Need judgement regarding maintenance for a qualified wife]]>
Bitch filed sec24,125and DV, She is claiming I am earning 2 lacs per month that is completely rubbish.
My lawyer is asking me to provide details of my income and liabilities.
My understanding is i should not reveal my income in the court, Please correct me?

I have no children.
Bitch is post graduated M.Sc (Chemistry) and B.ed.
But no job.

Kindly provide me such judgments where maintenance is denied for a qualified wife or at least less maintenance is awarded and stated that qualified women should work and not just relied on men's salary.

Please help asap

Statistics: Posted by abhi18jul — Sat Jul 29, 2017 2:07 pm

]]> 2017-05-13T09:48:15+00:00 2017-05-13T09:48:15+00:00 https://www.498a.org/forum/viewtopic.php?t=15354&p=103645#p103645 <![CDATA[498a Resources and Discussions • Re: Divorce case is just started]]> Need help for below.
1.
I need my office attendance from my previous employer but they are not providing saying this is confidential data.

My Employer says- "If this is a legal ask then we would request you to share the same in the documented manner."

I need this urgently...I am thinking for below options.
a. May requesting letter from my lawyer work?
b. Or will RTI work? Please let me know how i should file RTI to get attendance from the previous employer?

2. I want to transfer my cases(divorce, 498a, domestic violance) from hometown(in MP) of the bitch to another city within the state.

Only ground I have my parents are senior citizens and not well and under treatments.
I have to be available to take care of them, they are not able to survive without me not even for 1-2 days(it took me at least 3 days to go from Maharastra to attend court hearing)
What i can do if the case is transferred to cities like Gwalior/Jabalpur(just a few hours journey for bitch) so i can go by flight and come back the same day.
Will this work?
kindly let me know what other ground should i made to get the case transferred and what are the possibilities?
I need this at any cost.

Please bhai log reply kro apka experience share kro

Thanks a lot

Statistics: Posted by abhi18jul — Sat May 13, 2017 9:48 am

]]> 2017-04-22T06:42:51+00:00 2017-04-22T06:42:51+00:00 https://www.498a.org/forum/viewtopic.php?t=15354&p=103603#p103603 <![CDATA[498a Resources and Discussions • Re: Divorce case is just started]]> 498a_raja_victim and Anand108

Statistics: Posted by abhi18jul — Sat Apr 22, 2017 6:42 am

]]> 2017-04-13T08:54:46+00:00 2017-04-13T08:54:46+00:00 https://www.498a.org/forum/viewtopic.php?t=15354&p=103596#p103596 <![CDATA[498a Resources and Discussions • Re: Divorce case is just started]]>
All recordings you have need to be proved as per Section 65B of IT act, otherwise they considered as tampered.

Your lawyer must be knowing the same.

But remember these things, proving in court takes ages and no way useful in divorce case.

Only 498a acquittal gives you better chances of getting divorce and also depends on case by case by judge.

In 498a cases only if you go to remand and allegations are false then divorce will be granted.

To get acquittal it takes 2 to 3 years and from there to contest divorce it takes another 3 to 4 years.

Also your wife always can go to appeal in high court and that takes another 2 to 3 years.

So prepare for long battle minimum 7 to 9 years from now.

In general, matrimonial disputes end in compromise with "X" amount only.

Else contested takes years to win the battle and you need to prepare for that.

No matter whatever hard work you do, courts take their own time.

Accept that destiny puts in bad part of life and fight the case on merits.

Only trying to say, prepare for long battle.

Statistics: Posted by 498a_raja_victim — Thu Apr 13, 2017 8:54 am

]]> 2017-04-13T06:47:29+00:00 2017-04-13T06:47:29+00:00 https://www.498a.org/forum/viewtopic.php?t=15354&p=103595#p103595 <![CDATA[498a Resources and Discussions • Re: Divorce case is just started]]>
The Judge has 100% control over the direction and outcome of any case. The litigants and the lawyers can only voice their opinions, but cannot influence the Judge in any way. The Judge has the right to pass whatever judgement he wishes to pass. Using a play of written language, any judgement can be made to sound just and fair.

Once you understand this thoroughly, you will get answers to all your questions automatically.

Statistics: Posted by anand108 — Thu Apr 13, 2017 6:47 am

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