Precautionary measures before and after 498a cases


Before 498a

If you are apprehending such a case, make an intimation to the concerned authorities (with strict instructions as to no action)  and you’d be on stronger grounds. But no protection is absolute. 

General:

Right from the marriage learn about the marriage laws of India. (Divorce Laws / Various Grounds for divorce/ Alimony / Other by products like 498a, DV Act etc)
Never commit fully with wife & her family before making sure that the girl really loves husband & respects his family.(Like spending money to their family, getting job to her brothers etc) Love, Respect, Trust & Intimacy are the four pillars of marriage. If it misses any one of these 4, then definitely it will end up with divorce & in turn 498a in current trend.
Wife Side Family Structure:
Understand the structure of the wife’ family. Get to know about the decision-making & influencing people from their family. Collect all the employment & social standings of male members of wife’s family. Get the contact details, employment details and social background of as many relatives as possible of wife´s side. Don’t disclose any financial information of your family to anybody from wife’s side.
Never discuss wife side family matters, financial interests, investments etc.
If something fishy about the activities of wife & her relatives, try to reduce the interaction with her relatives.
During Marriage Life:
Keep evidence / bills / receipts etc for every purchase / expenses you do when u r with wife. Never believe the innocent face of the wife after acrimonious quarrels with her husband. Try to find out opposing member from wife’s family to get information. Keep in touch with them & it will be very helpful in case of 498a & DV act cases.
It´s easy to find impending cases & actions from wife’s side by her behavior with husband & his family. If u smells any abnormality, don´t argue with her & try to solve or mellow down the wife. Learn about health abnormalities of the wife & past records of it, if any. Read about Borderline Personality Disorder (BPD) & related abnormalities. Try to understand the symptoms w.r.t the wife´s behavior. These disorders are very crucial in deciding the behavior. No sane female will try having her marriage life, personal things, etc in Police records & try to book criminal case against her husband & put him in the jail.

Pre 498a cautions:
Try to read between the lines in wife´s family conversation, as there can be lot of clues for the impending cases.
If u r sure that the marriage will not last, make the first move. That is filing either RCR or Divorce petition, based on nature of wife.
In case of martial problems, where husband is 100% sure that wife won´t rejoin, file RCR & enjoy the fun at family court counseling sessions.
If the FIL & any other male members or relatives of the wife is in Govt job & if the wife behaves abnormally, be sure that 498a is going to hit you any time. Govt employees are well aware of the dowry case & women’s cell. And they think that its one of their perks to implicate false dowry case, if some female from their family has troubled marriage.
But the advantage of having relatives or FIL in the govt job is, u can nail them easily as so many rules & regulations are framed in various govt depts.
Do your homework to learn about laws & issues related to 498a & DV act. Make sure that Police, lawyers & wife’s family are aware about your knowledge in these cases. If Police comes to know about your awareness on these issues, they will never dare to intimidate you.

If 498a is imminent – 
To save your parent, brother, sister, etc from 498a, you may ask your parent to legally disown you, your parent need to contact a lawyer to file affidavit in court.

Before you get the 498A you might predict that it might happen to you any time. You may get threats from your dispute wife and in-laws. If you get this then first of all, make your mind set like this – that you may spend one day in jail. Please don’t worry for this. But still you can avoid this. Your first job is to file NC (Non Cognizable) on both your and her local police station against her (your wife). Also make NC by your parents, brothers, sisters and senior most members of your family against your wife. Arrange Anticipatory Bail U/S 438 CrPC (Criminal Misslanious Case) for all of you family members in the Session Court or High Court. Please note that you can file anticipatory bail both BEFORE and AFTER registering the FIR of 498A. If you have AB then police can’t arrest you.

After 498a

What to do If 498A has been filed against you and your family

  • Think positive.
  • Don’t worry much.
  • Plan your moves step by step.
  • If she has filed false case against you then you are the winner. Thousands of false 498A cases are filed daily all over India and everyone knows that. Take control of your family members (they are your strength and vice-versa). Concentrate on your job. Make more money (and invest wisely).
  • Do meditation. Be focused. Always remember you are going to win.
  • Keep a door open for negotiation. Talk to them through your community members, family friends etc.. but never give in to their outrageous demand. Main thing is to get bail asap for you and your family, there after things will be in your hand and they will compromise. (Generally they demand Rs 20 lacs and above before you get bail but in the long run through court they can get hardly Rs 2k per month, which means less than Rs 30K per year.
  • Keep a v good lawyer (not necessary costly), which can be young but v resourceful and gives you time. Lawyer should be such that he has contacts within court and helps you in all condition.
  • In the initial stages talk to the police before they complete charge sheet, get all your family member’s point of view written in the case diary.
  • There are lots of cases similar to yours, check them in net (links are given below) n be prepared always.
  • There are direction from US and Canadian consulates that Misuse of dowry laws are rampant in India.
  • You are in the battlefront and want to win so remember these words:

    “When your strategy is deep and far-reaching, you gain much so you can win even before you fight.When your strategy is shallow and near-sighted,you lose even before you do battle.

  •     Much strategy prevails over little strategy
  •     so, those with no strategy cannot help but be defeated.
  •     So, it is taught that victorious warriors win first then go to war
  •     While defeated warriors first go to war and then seek to win. “

Post 498a – things to do
Keep in mind. If 498a is in your fate, nothing in this world could stop it. So main strategy is to keep calm & collect information on their movements. Don´t discuss much about the problem.
Contact nearest SIF team members & attend the meetings regularly to under stand the gravity of the problem.
Don´t panic & ask your family members not to panic. Make them aware of all these false dowry cases & its motive. For parents & elders false dowry cases will be a great shock. Educate them & make them comfortable.
Never accept the demands of the police & lawyers for settlement & mutual consent divorce with 498a as intimidating weapon.
Adhere the conditions of AB & say good bye to Police station.
Don´t withdraw RCR & make those ill educated girl & her family to run around family court.
It´s for sure, if you hold the fort for 6 months – 1 year, they will definitely come to your terms. You can dictate things as per your will.
NEVER go for Mutual Consent Divorce when 498a case is open.
Keep watching the moments of immediate family members & other family members from the wife side thru contacts or detective agencies. Be sure if a girl is filing a false 498a on her husband means, credibility, moral are very low in her family. Definitely there could be lot of abnormalities their family. Get detailed background about her parents & siblings. (This should have been done b4 marriage. Since we missed it, we got trapped in 498a)
If the girl is employed or eligible for employment, keep a special eye on her moments. It will be very helpful for maintenance case.
Never be in hurry to settle the case with money. The police & the crooked lawyers can do nothing, once u passes the initial ordeals in the police station.
In counseling sessions of RCR case, try to confuse the counselor & wife as much as possible by saying only good things about your wife, even if she had done nothing to u.(It will be real fun)
Never show interest on 2nd marriage in any of your conversations with lawyers & wife’s side.
If the instigators, brothers, FIL are in govt job, collect info abt their credibility & make a move accordingly. Try to nail them individually by creating problems to them. Nobody will help others, if their own house is on fire.
Uses RTI to its maximum extend. It´s our “Brahmastra” to tackle 498a case. RTI can be used effectively against the members of wife side, if they are in Govt job.
Don´t be in urge to file counter cases. Make slow & steady moves to nail them.
Get the copy of the complaint or charge sheet & read every word in those documents. You can get numerous clues to file counter cases. Discuss with senior SIF members on this.
Collect evidences to counter the allegations mentioned in the complaint.
Trust that it´s extremely difficult to prove false allegations. So run thru your memory lane & write down all the incidents, fights, arguments happened between u & your wife from the day of your marriage. This will be very helpful in courts & counseling sessions.
Keep a careful watch during counseling sessions in family court as u can get many clues & counter arguments from wife´s statement & counselor´s queries.
Advantages of false dowry cases:
Never lose heart for these filthy cases, which kills time & money. It will definitely test your nerves & will power. At the end of this ordeal u will be surprised to see your own strength & will power growing immensely.
Believe me, there is no other ordeal in this great nation (Jai Hind!) for its own citizens as intimidating & cruel than false 498a case. (And not every citizen of this country is blessed with this case, to test their nerves)
Please concentrate on your job or business as usual. Everything will be cleared & u can start a fresh personal life. Believe me; these cases can supply immense will power, which u can use in job or business to deal with day to day problems.
Can get rid of ill educated & crooked wife.
You will be aware of so many laws, IPCs & functions of Indian Judiciary, Police & other Govt organizations.
Your strength & will power will improve tremendously, which will be very vital in this completive world. This is the real benefit out of 498a.

Post 498a

  • Immediately take copies of FIR thru your lawyer and apply AB. Other things can be taken up later.
  • As a strategy , i think the best will be to highlight in AB and every where, as u had gifted the home to your mothers, so only all this cases started, no other issue. Means a property disputes converted to 498A.

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