Indian laws 498a is mostly being used by greedy women to extort more money from allienated husband?

Question

Girls these days marry the man to capture his belongings and rule over him. When the pressure is felt and the husband resents, the woman goes to the police station. Police pacifies them or files FIR. In both cases police is benefited and they would never want this law to go..!
Notorious women are using this law to insult damage health and extort money from in laws.
How can the law makers be made to understand?
Big cities like Bangalore & Hyderabad with Computer engineers and NRI in plenty are the centres of such rackets.Some fellows are looking for unhappy DIL s to play this game and crush the decent families.

Answer 1

Section 498A of the Indian Penal Code has become havoc for every one whether it’s the husband & his relatives or wife & her relatives, local police or the so called women welfare organizations. Every one talks about this provision & is scaring or getting scared from it. Let’s see what this section 498A IPC provides Husband or relative of husband of a woman subjecting her to cruelty.


Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-


(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand. Now let’s study the parts of this provision. First part states that any act on the part of the husband or her relatives that causes either such a wife to commit suicide or cause grave injuries to her either or danger to life, limb or health either physical or mental. Now in all these cases what is the most important piece of evidence to ascertain any of the above mentioned acts is the Medical Evidence that will show that this lady received any physical or mental harm because such a cruelty was inflicted on her that made her to commit suicide or caused danger to her life? If the lady makes just a complaint to the local police that she was inflicted with cruelty then the police has to immediately take her to the nearest government hospital & get her medical examination done. If the medical examination report state that she has not received any physical injury either simple or grave nor any mental injury, the police will close her complaint as frivolous/false & if the police officer is sensible he will file a complaint against this lady under section 182 of the India Penal Code for False information, with intent to cause public servant to use his lawful power to the injury of another person. Now coming to the second part of this provision of section 498A IPC Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand. This part deals with illegal dowry demand, for this part to take action, what this lady requires not only her statement for such dowry demand but even other witnesses to corroborate her such statement along with other facts & circumstances of the case which will show that her such allegation against her husband or his other relatives seems correct. In such case if there has not been any taking or giving of any valuable at the time of marriage, no witnesses to corroborate such statement of dowry demand, no other piece of evidence either written or oral showing any demand of dowry, rather the interrogation & inquiry made by the police from the neighbors & other relatives/friends of the couple show no such demand was ever made, then keeping in view all these facts such complaint on this basis too fails & the police officer will close this complaint as frivolous & false. Now tell me why every one is so much scared of this section 498A IPC? If the husband & his relatives had never inflicted any cruelty on such a wife for any reasons, why should they fear the police or other legal departments if the wife goes & files a wrong complaint against them? Even if for any reasons this FIR made under 498A IPC comes up for hearing in the court & the prosecution fails to prove the charges of cruelty on any of the grounds I have discussed here, the complaint will be dismissed & the husband will be at liberty to file complaint against the wife under section 182 IPC for filling wrong complaint or giving false information against him & his other relatives for which such a wife can be punished & imprisoned with fine.

Answer 2

I agree, if false case of 498a is filed and no solid evidence is provided by wife regarding the dowry harassment there is no punishment to the husband but court awarding punishment under Cr.182 to wife is yet to be beleived b cos husband and his relatives will just be not interested to fight for the case under it. Simple reason is that MANY VALUABLE YEARS OF YOUTH would have been LOST in winning the case filed by wife. Instead something better have to be done and i have not come across any husband filing a Cr.182 against his wife after winning the dowry case. Can anyone suggest wat else can be done to give a stringent punishment to wife as now applicable by law?

Answer 3

Yes Maliha, u've got a point there & its good to hear this from a woman.....well, law is law & especially in India these kind of laws r tough to be ammended. So I'd suggest that before marrying any girl the guy should make thorough check on her & her family's background & then get into the wedlock.

Answer 4

The number of litigant people are on rise and this type of misuse is true in many instances. The real women who suffer do not know or dare to use this law.

It is unfortunate.

Answer 5

each and every regulation has experts and cons. it rather is double edged blade. if the regulation enacted is misused by potential of a few women human beings, it does not recommend that lots of the ladies human beings do not require protection from the government. not in basic terms this area, yet in addition various different sections of Indian penal code are being misused by potential of a few human beings.what with reference to the dowry deaths and harassment of ladies human beings by potential of adult adult males , on a daily basis we are seeing?

Answer 6

Not by grredy Daughter In law ( DIL) but by brother and mother of daughter in law .

Answer 7

498a must stay to empower women in a man's society.

Answer 8

Hi All to my Audience.......i am looking for best solution. I have lost all faith in Indian Judiciary system(Indian Govt. Machinery). I have paid heavy price of being an Indian.

Here I start with real story....
1. High Society women(Well known people) doing debate on famous news channels about Crime against
Women.
My Question to NGO working for CAW: What would you do if women herself is involved in a well planned crime to extort money from their husband under section 498A?
My Question to High Court/Supreme Court/Indian Law: 1. Why don't you punish women and send behind bar when they frame their husband in 498A?
2. People are still being arrested under 498A even court has issued direction that without sufficient evidence no arrest of husband or relatives. Women are just writing complaint on paper and husband is put behind bar.
3. Who will put control on Police system? They threaten victim(husband) who is made accused by his wife even if they know that the case is falsely framed one.
4. ACP/DCPs should be jailed when they just believe on women tears and issue order for arrest without knowing the truth. If the complainant is well educated and their parents are highly professional like doctor/lawyers/engineers/business/politicians. Police machinery system always act on their complaint even if the complainant is just making a story to teach lesson to her husband and other family members.
I want know is this a law where poor men always treated as a lire and profession or rich person always telling truth.
Question to Magistrates: Why they order an arrest or sign arrest order document when accused(in the eye of police)? Why they don't question police on the supported information to arrest anyone.
5. Question to Police: Why they don't file an update in court if they find that a person is innocent?

My family is undergoing so much of trauma given by Govt. Machinery. I have pledged not to help govt. machinery. In TV and news govt/police/politicians/prime minister ask people to stay alert and inform police/CID/etc in case of anything suspicious activity/orbject is found/noticed. I will never ever help if I find anything that should be informed to police or govt. l will let people die and save their life on their own.
My brother and Sister has been made accused and FIR filed under sec. 498A & 307. My brother was arrested and sent to jail just on the basis of written complaint by his wife. Same case is filed in Delhi on the entire family including my brother by his wife. She never lived in Delhi with parents. There are two FIRS(one in bangalore and 2nd in Delhi). Is this a law? We are running to police station and court asking for justice.
No one in govt. has done his duty properly and now my whole family is declared criminal in the society. Tell me is this a law? My brother's wife's father is a doctor and he has good contacts in politics/police system. He left no stone unturned and declared us criminal in the society. Its the police/law/politics system helped him with pride to put my brother in jail. Being a doctor he just got fake medical report from a reputed private hospital and presented to police office and my brother got arrested.
Police did not bother to get Medical done from their govt. hospital. Is this a law? Just imagine two FIRS under section 498A & 307 filed and case are running in two states of India. Is this a law?

Now I don't know, how and where I can look for justice where whole system is helpless and law is favouring rich/politicians/famous/highly professional people. My family has paid a heavy price of being an Indian. My brother has been jailed for the crime he never committed.At present he is out on bail.My brother & mother met IO of the case to seek help and they were directed to get out of the police station.

Answer 9

But why are you complaining.