Discover Top Posts Tagged with #498a misuse

Short 498a Q & A (as retold)

* Can 498A be filed after 7 years of marriage? : YES possible ! * Can FIR be filed on Ladies at home .. example mother-in-law, sister-in-law? : YES ! * can there be an FIR on hubby's brother who lives abroad? - YES * Arrest in 498A? - YES (possible) ! * Can 498A and DV case run parallel? - YES ! * Can 498A and maintenance run parallel? - YES ! * 498A without medical cert / death of wife? - YES ! * Husband 2 attend all dates in 498A?- YES !(unless exempt) * Is Anticipatory necessary - YES ! (unless u r a hard nut !)

...and...and.... and.... *important*

* Can a concubine / mistress file 498A ? - NO NO NO NO !!! ~~~~~~~~~~~~ now you decide !

#498a #498a misuse #Q&A

False 498a endng in acquital is cruelty. No need 2 establsh “malafide”. Divorce granted !! Bombay HC

False 498a that ends in acquittal is cruelty. No special finding by trial court needed to establish malafide intentions or intent to defame ! Divorce granted to husband & Wife’s RCR set aside. Spouses cannot be asked to live together after such cruelty. Bombay HC

The key question raised in this case is “…. “Whether for the act of filing complaint under Section 498A of Indian Penal Code, to amount to mental cruelty on the acquittal of husband and family, it is essential that judgment of acquittal must find that the complaint filed was false and with an intention to defame ? “

I.e. is a false 498a where husband & other accused are acquitted by itself gorunds for claiming cruelty or is there a need for the trial court to state that it was intentionally filed to defame the husband ?

In this case, a newly married wife who lives with her husband for just five days goes out to file false 498a etc. on husband and family. As a result of these false cases, husband and his parents are arrested. Some years later the husband is acquitted in the 498a case, on the grounds that the prosecution did not prove the charge. Husband applies for annulment of marriage , wife applies for restitution. At lower courts and first appeal wife wins RCR. Husband approaches HC on appeal (for divorce). Wife & co contend that the lower court acquitted the husband in 498A etc as the prosecution did not prove the case, and the learned MM did not claim that it was false case (in his order). So wife argues that it was not cruelty.

However Bombay HC rightly appreciates the facts and decrees that a 498a that ends in acquittal of the accused husband and his people is cruelty and enough to grant him divorce. The case need NOT be decreed as false !

more at

https://vinayak.wordpress.com/2015/12/26/false-498a-endng-in-acquital-is-cruelty-no-need-2-establsh-malafide-divorce-granted-bombay-hc/

#498a #498a misuse #False 498a #cruelty #filing false cases tantamounts to cruelty #false 498a is cruelty #false 498a is cruelty separate malafide need not be established

when investigations proved there was NO abortion let alone forced abortion !! Fake 498a quash Guj HC

A wife files a fake 498a on Husband and 6 members of his family claiming forced abortion and other cruelty. However investigation reveals that there is NO abortion. In laws who were 6 years and 9 years at the time of marriage are included in her case. The Hon HC say continuation of this case would be an "abuse of the process of law", and quashes the case against everyone except the husband !!

Specifically the Hon Court notes "....5. As usual, all the family members have been implicated in the alleged offence. It deserves to be noted that the applicants Nos. 5 and 6, at the time of marriage, were 9 years and 6 years of age respectively. Even they have not been spared. As such, there are no allegations worth the name against the applicants herein except the allegation against the husband.

6. There are allegations of causing forcible abortion. However, the investigation revealed that there was no abortion. No charge-sheet has been filed for the offence under Section 313 of the Indian Penal Code.

7. In my view, continuation of the Criminal proceedings against the applicants herein will be nothing but an abuse of the process of law...."

Saying so, the Hon HC quashes the case against every one of the accused except the husband more at

https://vinayak.wordpress.com/2015/12/17/498a-506-on-6-of-famly-claimng-abortion-etc-but-invstigaton-reveals-no-abortion-guj-hc-classic-quash/

#fake 498a #fake 498a quashed #498a misuse #498a quash #wife claims abortion and other cruelties investigation proves there was NO abortion !!#Gujarat HC #Hon Justice Padriwala #fake 498a on in laws who were 6years and 9 years old at the time of marriage

AB in Dowry, 306 case as accused is 52 yrs old diabetic & other accused already quashed. Guj. HC

Gujarat HC grants anticipatory bail in Dowry DEATH / Abetment of suicide case as the accused is 52 yrs old diabetic & the case against other accused is already quashed.

“…regarding the FIR, … vide order dated 6.2.2015 quashed and set aside the FIR against other co- accused. ….”

“…that present applicant is aged about 52 years and suffering from diabetes and other ailments. ….” “…Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. ….” **************************************************************** ****************************************************************

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD more at https://vinayak.wordpress.com/2015/11/29/ab-in-dowry-death-case-as-accused-is-52-yrs-old-diabetic-others-accused-already-quashed-guj-hc/

#498a #498a misuse #Anticipatory bail #anticipatory bail in 498a #anticipatory bail in 306 #Gujarat HC

Woman does NOT appear to quash 498a even after divorce & her remarriage! Guj HC quashes 498a on NRI

In a crisp and clear order, the Honourable Gujarat HC summarises the case thus “…a settlement was arrived at between the parties. The marriage was dissolved and the father-in-law and the mother-in-law came to be acquitted in the trial. I am told that the first informant has got married with another person and has settled in life. Perhaps, that is the reason she has chosen not to remain present before this Court…..

……. Since the settlement has been arrived at and the marriage was also dissolved and the other co-accused have also been acquitted by the trial Court, no useful purpose would be served …….” 498a 504 etc case quashed

more at

https://vinayak.wordpress.com/2015/11/29/woman-settles-498a-divorces-remarries-still-does-not-appear-for-quash-guj-hc-quashes-498a/

#498a #498a misuse #NRI #NRI 498A #NRI 498A quash #woman refuses to quash 498a even after her re mariage #gujarat hc #quash

Rude, uncultured behavior & perfunctory abuses are mundane matters. Not attract 498A GujHC

In this case a woman married to a London based NRI files, returns back from London and files 498A, 323, 504 read with Section 114 of IPC & Sec 3, 7 of DP act, almost 3 years after alleged incidents. She claims Mother in law abused her and in laws did NOT turn up to take her back to her matrimonial home !!

the Hon gujarat HC appreciates the facts and decrees “….Rude and uncultured behavior as well as perfunctory abuses are mundane matters and would not attract the rigors of Section 498A of the IPC. There has to be something more to attract Section 498A of the IPC. …” The Hon HC quashes the case against IN LAWS !!

* Marriage on 8th December 2009 * In 2010, wife joined husband at London and stayed there for two years. * Since she was taken ill, she returned to India in May 2012 * In 2015, (approx 3 years later) she filed FIR # II-CR No.12 of 2015 @ Petlad (Rural) Police Station, District Anand, u.s 498A, 323, 504 with Sec 114 of IPC & Sec 3 and 7 of DP Act * Hence this quash. In this quash, The applicant no.2 is the father-in-law, the applicant no.3 is the mother-in-law and the applicant no.4 is the married sister-in-law.

The Hon HC observes “….Rude and uncultured behaviour as well as perfunctory abuses are mundane matters and would not attract the rigors of Section 498A of the IPC…..They may be morally guilty of not treating the daughter-in-law with respect in an Indian society, but such moral acts fall short of an offence under Section 498A of the IPC…” and quashes the case

more at

https://vinayak.wordpress.com/2015/11/29/rude-uncultured-behavior-perfunctory-abuses-are-mundane-matters-not-attract-498a-gujhc/

#rude behaviour and abuses do NOT attract 498a #498a #498a misuse #498a misuse on London based NRI #NRI #NRI 498a #498a quash #gujarat hc

Slapping M-in law, emptyng bank, separate resid, deserting hubby cruelty. Divorce granted B4 498a decided.

Slapping M-in law, emptying bank account, insisting on separate resid during police negotiations, deserting hubby and such acts are all cruelty. Divorce granted by lower court BEFORE 498a decided and confirmed by HC. HC clearly states, Civil and criminal cases continue on own merits. Decision in one need not affect the other ! GOOD case for husbands whose 498A is NOT yet decided !! **************************** A good case where there is a conflict between civil and criminal (matrimonial violence) related cases .. the Hon HC syas "....“Coming to the last contention that an effort should be made to avoid conflict of findings between the civil and criminal Courts, it is necessary to point out that the standard of proof required in the two proceedings are entirely different. Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable doubt has to be given. There is neither any statutory provision nor any legal principle that the findings recorded in one proceeding may be treated as final or binding in the other, as both the cases have to be decided on the basis of the evidence adduced therein...." ***************************** The husband alleges and proves the wife was disrespectful towards the his parents, she was abusive and even slapped the Mother in law and insulted her before relatives. The husband and his family tolerated the cruel acts & her behavior continued to deteriorate. She left the husband on numerous occasions, harassed the husband for a separate resid, emptied the bank account !! and deserted the hubby. All these were decreed as cruelty towards the husband. Wife’s side says the 498a / 406 case is NOT yet decided. But HC confirms divorce even B4 498a is decided. HC observes that Civil and criminal cases continue on own merits. Decisions in one need not affect the other !

Key Excerpts :

“……33. As regards to the contention of pendency of criminal proceedings, in P. Swaroopa Rani Vs. M. Hari Narayana @ Hari Babu 2008 (3) SCALE 501, the Apex Court has observed as under : “It is, however, well-settled that in a given case, civil proceedings and criminal proceedings can proceed simultaneously. Whether civil proceedings or criminal proceedings shall be stayed depends upon the fact and circumstances of each case.”

34. A constitution bench of the Apex Court, dealing with the same question, in Iqbal Singh Marwah & Anr. v. Meenakshi Marwah & Anr, 2005 (2) RCR (Criminal) 178 has observed as under : “Coming to the last contention that an effort should be made to avoid conflict of findings between the civil and criminal Courts, it is necessary to point out that the standard of proof required in the two proceedings are entirely different. Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable doubt has to be given. There is neither any statutory provision nor any legal principle that the findings recorded in one proceeding may be treated as final or binding in the other, as both the cases have to be decided on the basis of the evidence adduced therein.

79. In this way it is evident that appellant lived at the matrimonial home only for short intervals and most of the times she was living at her parental home, thereby, strengthening the case of the respondent. ………. 82. It is clear that the appellant has not remained consistent on her allegations and she has been improving her defence at the belated stage. In the circumstances, no reliance can be placed upon the version of the appellant. 83. On the other hand, the respondent has been able to establish by way of specific pleadings and evidence that appellant came back to the matrimonial home on 23rd July, 1999 after the birth the child. In view of this, it is difficult to accept that the incident of beating and confining the appellant had happened on 23rd July, 1999. 84. It is admitted by the appellant in her cross- examination that she withdrew the amount from the joint account of the parties without informing the respondent. It is also admitted by the appellant in her cross examination that she demanded separate residence before Crime against Women Cell stating that she was fed up with the cruelty. 85. The act of the appellant in withdrawing the amount from the joint account of the parties without informing the respondent also indicates the intention of the appellant to stay separately.

86. Thus, in view of the above discussion and in the light of evidence, it is clear that the appellant has not been able to establish her case and the conduct of the appellant was not proper towards the respondent and his parents thereby causing cruelty to them.

87. Hence, I do not find any infirmity or illegality in the impugned judgment passed by the Trial Court.

#Cruelty #Divorce #498a #406 #emptying_bank_account #Civilcase #Criminalcase https://vinayak.wordpress.com/2015/08/13/slapping-m-in-law-emptyng-bank-separate-resid-deserting-hubby-all-cruelty-divorce-granted-b4-498a-decided-civil-and-criminal-cases-continue-on-own-merits-decision-in-one-need-not-affect-the-othe/

#cruelty #divorce #divorce granted #498a #498a misuse #civil cacse #criminla case #emptying bank account

Aftr dowry case on 15ppl ablaa tries bail cancel. Raj HC happy dat NO bail given 2 Hubby & In laws. Fate of marriages @ India!

Aftr dowry case on 15ppl ablaa tries bail cancellation. Raj HC happy dat NO bail given 2 Hubby & In laws Fate of marriages in India!

As per this order

* 12 ppl granted anticipatory bail

* 3 NOT granted bail – the husband and his parents

* So it should be total 15 ppl accused by Smt. 498a !!

* after accusing 15 ppl, ablaa also wants bail cancellation – that is this application

* however men are still falling over one another and marrying as if there is NO tomorrow !!

*****************************

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. CR.MISC.CAN. OF BAIL APPL NO.189/2011

Smt. Vandana Vs. State & Ors.

Date of order : 29/3/2011.

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri Mohammed Anees for the petitioner.

Shri Mahendra Meena,P.P. for the State.

****************

Application for cancellation of bail has been filed on the ground that anticipatory bail could not be granted to the accused-respondents because recovery of dowry articles are yet to be made.

Contention of learned counsel for the petitioner is that respondents were elder and younger brothers and sisters of the husband of the petitioner, but it is not disputed that none of the accused-respondents is either husband, mother-in-law or father-in-law of the complainant-petitioner. Prayer for cancellation of bail has been made on the ground that so far recovery of the dowry articles have not been made and the husband, mother-in-law and father-in-law of petitioner have not been arrested. http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com

On consideration of the arguments aforesaid and the material on record, I find that 12 accused were granted benefit of pre-arrest bail considering the fact that it was a case of over implication/false implication. The provisions of Section 498A of IPC were found to have been misused. In any case, the husband, mother-in-law and father-in-law were not granted benefit of bail. All near and distinct relatives were made accused which is why the learned Additional District Judge was persuaded to grant them benefit of anticipatory bail.

I find no reason to cancel the bail so granted.

The bail cancellation application stands dismissed.

(MOHAMMAD RAFIQ), J.

RS/

*****************************disclaimer**********************************

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

******************************************************************

CASE FROM JUDIS / INDIAN KANOON WEB SITE

******************************************************************

#498a on 15 ppl #bail cancel fails #498a misuse #Rajastan HC