Procedure to protect from proceedings of 498A in court.

My wife did a 498A along with dowry against my family...there was no mental match between wife was hypersensitive.last month during an argue she pushed me and I did the same. But she was fallen over wooden thing and got mark in back. Went to police station and did 498A. Now how can I protect and counter attack this case.

Answers (3)

330 votes

The Supreme Court, on 27.07.2017, passed certain directions with regard to cases involving s. 498A IPC. The Hon’ble Court has specifically mentioned that no arrests shall be made till such time the (to be constituted) Family Welfare Committees submit their respective reports concerning the cases of domestic violence within their area of jurisdiction, Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.......last of all, contact an experianced criminal lawyer of your juriddiction and file a petition of anticipatory bail and avoid arrest of you and your family then do the necessarry things which I have stated above

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258 votes

If your wife file a case under section 498A then at first hire a advocate and then take Anticipatory Bail from the court but without detail discussion and without document review proper consult is not possible

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67 votes

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read theCriminal appeal no 1265 of 2017]“It is a matter of serious concern that large number of cases are mistconstrued. The Above mentioned Judgement has laid guidelines to be followed.


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