INDIAN PENAL CODE (IPC), SECTION 498A : Husband or relative of husband of a woman subjecting her to cruelity
: 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. 498a is a criminal offense.
It is cognizable, non-bailable, and non-compoundable offense.
If 498a is imminent, start collecting proofs in forms of letters, audios and videos, next step is contacing a Lawyer like Goutam Prasad , Sunil Raj, Srivastava online. Also post your question in our yahoo group so that people who have already experienced 498a can provide you a helping hand.
If you are already married and fearing of a false 498a case - please go through each of the links below. I understand it may be boring, but it can save you lot of trouble later.
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.
Once your wife files 498a, just go underground, do not get arrested at any cost, make your lawyer apply for
bail for all those people who have been named in the FIR, surrender to court after bail is denied.
Ideally Police should not register FIR if your wife is living separately from you , so make sure that you have got some solid proof for the same as example you can send legal notice to your wife to her address asking her to come back.
On the basis of the notice file the Divorce immediately.
Please .
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Update on 498a: Another draconian law got passed, "ex wife will get 50% of the inherited properties in addition to 50% of the property of husband". This will encourage women to file 498a case at drop of hat, so if you are not 100% sure of marrying your girl, you may want to get into a "live in" relationship.
If you are a bachelor looking for a bride or you are looking for a bride for your son , for God's sake please be informed
about IPC section 498a which can be used to loot your family.
Please follow the below checklist to make sure you are not getting a 498a wife or daughter in law. It would be better
if you can hire a detective to gather the informations mentioned below. This would save you
from the huge humilation, harrasment that your family may face in police custody/jail.
Check whether someone from the girl's father's family or mother's family has ditched her husband
for trivial reasons and staying in her
parent's house
If the girl that you are going to marry is currently having a full fledged relationship with someone who is a frequent
visitor to the girl's house - stay away
If the girl is having a relationship with her brother in law or her close relative - stay away
Check whether the girl's family is in deep debt (lot of home loans, car loans) and their income is less than their spending
If both the girl's parent are working , be double cautious , girls with lot of freedoms can really be troublesome
Make sure there is not much difference in economic status between your family and girl's family
Make sure the girl is a good match to you physically. (example if she is fat and you are too thin, stay away)
If the girl starts saying things like "I love you ,etc." before marraige , just do not get melted , 90% of the time she may be just acting
as told by her parent.
if the girl has got a close lawyer relative and the lawyer is not earning much from his practice, be extra cautios.
Verify whether the lawyer is ready to fight a fake 498a case.
If the girl is very hot tempered , better to avoid
If you belive in astrology , for God's sake get both of your kundali matched by a good astrologer
If you are not taking any dowry , better put in writing that "No dowry was exchanged in this marriage" in a stamp paper
and get it signed by the girl and her parent
.
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