Misuse of 498A? – Things to do before your wife

498A. 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—

1. 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
2. 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 to meet such demand.

That is said by India Kanoon in the Internet. But ….

What will happen if you did not commit such activity however wife filed 498A?

Almost all laws in India are being misused daily and this 498A case is no different. This is a case which is damaging (and also damaged in the past since the law initiated) the lives of innocents husbands. Each day over thousands of new 498A cases filed in India and a big number of them are just hoax. Wives are using this Indian penal code (IPC) to counter he in-laws family. This is a tool to punish not only the husband but also the whole in-law family that may include hundred of members and surprisingly you know the family does not mean just husband and wife. They could mean your senior citizen, they could be your non adult kid (Below age 13), and they could be your handicap family member too. They could be family members who are living abroad. Since past 2- 4 years 498A IPC is taking heavy turn. 498A is now a trap for the in-law family. It is now used by the wives to brazen the whole in-law family. No matter the husband committed any crime or not, no matter what the wife did the husband or not once 498A filed by wife you would have no other way except to go jail. This was all due the immediate arrest system in 498A without investigation. It’s just like wife gone to police and “file a complaint” and you and your family member is on the way to jail.

THE REASON / UGLY SIDE - Since in June 2017, Supreme Court of India passed the rule of no immediate arrest of 498A cases. However, till when I am writing this article it is reported that over thousands of new cases still being filed by wives just to harass in-law family.  You may ask why wives are always looking for 498A IPC all the time.

This is here requiring a good attention. Most of time it is found that 498A cases are fake. They are just to harsh the in-law family. Most of the time this IPC is filed because wife did not get just special “care” form in-law family and they go to police station and file the case with lot of lies. Before June announcement police could arrest the husband against just a word of wife. In Delhi and throughout the country it has seen that about 64% of 498A cases are fake and false. The charges filed for extremely minor and negligible offence. In every family there could be a possibility of mismatch of thinking and doing quarrelsome between husband and wife. Just because husband does not listen to wife could result a 498A and arrest of members. Like I said members means all members. And this is the clearly ugly side of this law. When someone who is not relevant and no way is related to this incident or living far away from wife (Who filed 498A) and husband could also face criminal charges of 498A. I have seen so many cases, where it is clear that those persons should not be named in 498A because of following reasons – 

1. Wife filed against husband and brother and the wife of brother who lives in different country (Dubai) and never stayed a single night with the wife in India.
2. Wife filed against a handicapped brother( who cannot talk and cannot walk either) 

Now you see how those innocents persons get involved with the ugly side of this law. I think these were the main reason why Supreme Court changed its status in June. 

JUST AFTER MARRIAGE – There will be signs when you are going to face a 498 by your wife in near future. The likely signs are following - 

• Just after marriage you are following that wife is neglecting you. She may be neglecting you to do sexual intercourses. Yes, in case it may happen she may have some physical problems and sickness. If she is happy and no sick she will never decline her spouse for intercourses especially in honeymoon time. This wife may be too much busy with talking someone in phone. Sharing photos, videos etc. too much busy in face book during private time of husband and wife conversation – All these are the signs of some extra material affairs/ relationships of wife.  Most of the time such characterless girls do marry innocent boys for monetary benefits and once they got this they will leave in-laws home. So, make sure she doesn’t have any such affairs. You need to know the legal side of these extra material affairs of woman in India too. Our law cannot punish when a woman/ wife is engaging in extra material affairs but law can punish a husband if he have extra material affairs. So, this is worthless to fight directly with your wife on her extra material affairs. Statistics proved that extra material affairs of wives is a major reason of 498A cases. Especially when husband don’t want to give her divorce or alumni so she files 498A to claim a divorce forcefully and claim maintenance(one time or life time) . At this point you need to collect as much evidence you can. Collect their call recordings , Voices messages , text messages , face book conversations , whatsapp or other messages or any other evidence so that you could prove in her affairs. Most of the time these cases are not acceptable to the court but you will be able to show to the world that your wife was with extra material affairs. 
• Wife is getting angry over petty things and mistakes of you. In India, sometimes minor crimes have good punishment and good crimes sometimes ordered with minor punishments. Wife tries to threat you of big punishments for your silly mistakes and silly behavior and little misunderstandings with you. If such thing happens with you almost regularly and your wife may take this chance to leave the home to file complaint.
• Marriage happened against her will. This also happens in strict Indian culture and social system as well as Hindu families. Make sure that your in-laws are not forcing her to get marriage. Only this case you might get your own family as well as in-laws support if they are moral and honest. Though in India today more woman are being educated or getting educated and entering jobs sector  - so it is not that they are not matured. So, this case could happen only with low matured woman and in village areas and extremely strict family where woman cannot act against their family.
• Wife frequently giving threatening to you to punish with 498A or police cases. 

These were the above reason happens most of time when wife falsely filed 498A. In most of cases the real reason behind these false 498A cases are – monetary benefits, extra material affairs or anyway wife just want to leave your home but could not do that simply. You need to be careful if above situations or situations like above things started happening in your Family.  Watch her steps and collect as much as evidence that you can which could prove that this 498A against you and your family are willingly filed by your wife just for harassment or monetary benefits.

If you see any such above things started happening, you need to send an application (as a written document writing the whole facts against your wife) to your local police station immediately. Police should take your application as a general diary. If polices refuses to accept your application do it speed post or latter with A/D form your local post office. That is your opportunity to write all – write the whole facts along with the aggressive and abusive behavior of your wife, the 498A threatening coming from your wife to you. This is a very important document will help you to get bail at the time of arrest in future. May be your wife got change after a few year or months but still that document will help you to stay in the race before your wife files a 498A. Make sure you correctly have your copy of your general diary and its number. Make sure you safely kept a copy of that diary. Send such application letter to human rights, and woman commission as well and save the copy to you. With these copies polices will still be able to arrest you but you can show all them in court before your wife so that you could clear your chances to win a case.

Once your wife left home for unknown reason or mysterious way, you doubt your wife could file a case. 1st of all you will need to file a case under section 9 , Hindu marriage act just to prove yourself as a innocent and you still want to enjoy a marriage life with your wife. This will send 498 a step backward and your wife should again come back to you. However, court can only council your wife and advise for better marriage life but cannot force her. This will get you an upper hand with your wife. This step also has some other advantages. After this 498A, wife will file for maintenance and this is a big deal in our Indian society. You will end up giving your own hard earn money and wealth to your wife where your wife don’t have a single help or effort. This is really frustrating situation.  

WHAT TO DO AT THE ARREST MOMENT – After 2017 and onwards, hence Supreme Court change the 498 strategy on immediate arrest.  The police also made their job super easy. You need to do following things in order to prevent arrest. 

1. Most of the time in India, police will come to your home and they will do some questions in the name of investigations to the neighbors and upon their feedback they will arrest you (After July announcement).  If you are living in flat system housing, this job is even easier due to the fact that all other families are living very closely with you. So, try to maintain a good relationship with the neighbors. If their feedback is correct, good or thumbs up to you then you might get a relief. But this does not grantee in everywhere in India. In many places in India police are way cruel, brutal and harash. It has been reported that their actions sometimes took life of people like old citizens etc.  So, do not try to block them or do not try to resist arrest. If you can resist arrest just by polite talks then it is good otherwise let it go.
2. Most of the time it has seen than police arrest all expects one. Most of the time that “one” person is adult or a person who is earning member and capable of dealing with the police. Police always want not to do arrest that person so that they start dealing with that person and that person will also be able to deal the police. However, what is the deal? That deal is money. Yes, police knows very well that you are not a criminal and that’s why asking money so that he can give you a clean paper. Make sure one police arrest you there are no way police can release you or loosen your case other than court. You have right to see for what purposes police is going to arrest you and police will prepare you for court within 24 hours( The next day).
3. When police came to arrest you the best way to fight will be just to call your lawyer( In the case, you need to get yourself prepare with a lawyer at the moment wife left home with a sign or a source of threaten of 498A ) and let him that police is arresting you. Rest of the work the lawyer will do.
4. Collect the copies sent to – local police station, commission rate, general diary of local police station (with its numbers) and all these will stand for proof of wife’s false allegations. These will also help you to prove your innocence and your wife’s threatening behavior. 
5. To solve all your problems the lawyer will be the best person to solve or legal side. However, often this lawyer plays some tricky game. When it is a person vs. person cases the two lawyers starts lingering the case to pick money from both side and in both ways. Make sure that wife is not getting any monetary benefits from you and make sure wife could not drop any false allegations against you.

Do not get ill-treated by your wife, our legal system will help you obviously. 

Good Luck!