Section 498-A IPC is undoubtedly one of the most draconian laws in India which empowers a (disgruntled) married woman to file criminal charges not just against her husband, but all his relatives (whether they co-habit together or have not even met the woman post marriage ceremony).
One of the common reasons for a married woman to file a case under Section 498-A IPC against her husband and in-laws, is when she is caught living in adultery. Sadly, married men in India only have a civil recourse to divorce, and when they even happen to confront their wives on their alleged extra-marital relationships, as a rebound they are served with multiple false cases by the wives aided by their lawyers.
One of our readers has been embroiled in such bitter matrimonial battle, however, he has been successful in getting the ‘cruelty’ charges by wife quashed against his parents and brother – after fighting for nearly five years. The reader has been kind enough to share his court order, which we have uploaded at the end of the article (without identity since the main matter is subjudice). The accused husband shared:
I want you to read and analyse the order so that many other men can be benefited from it. Order has details on how 498-A should be framed and also gives guidelines for defining it.
Hyderabad Techie Dies By Suicide After Parents & Self Were Arrested Under Section 498A Filed By Wife
Case:
Mr X (43) got married to Ms Y in 2008. The couple has two children.
In 2018, X separated from Y due to her alleged extra-marital affair. When X filed for divorce on grounds of adultery, he and his family was served with multiple false cases in 2019. Since then, X has been running around courts while juggling with his professional life, to get justice for his parents and brother.
According to X, he has multiple proofs of his wife’s affair, including her hotel stay, etc. However, these evidences took a backseat in the court, once the wife filed multiple criminal cases against her husband and his family.
Mr X further shared with Voice For Men India that the Trial Court has discharged his parents and his brother from three charges (Sections 406, 506, 509) in the first hearing itself, although charges under Section 498-A IPC and Section 34 IPC were somehow kept pending for nearly five years.
In March 2023, the trial court ordered to frame charges against X’s parents and brother, which was challenged by them in the Delhi High Court. The High Court directed the family to go back to Additional Sessions Judge (ASJ), Trial Court and file for revision of the said order.
“Section 498A Is A Weapon Rather Than Shield For Disgruntled Wives” – Punjab Haryana High Court
Allegations by Y (Wife)
According to X’s estranged wife Y, she was subjected to extreme domestic violence by her husband and in-laws, to the extent of driving her to die by suicide. She also accused her in-laws of dowry demand which she and her family were unable to fulfil.
The charges pressed by estranged wife also accused her husband of forced sexual activities (Marital Rape), unnatural sex, and putting his hands in her t-shirt in front of their children.
The FIR also added that her father-in-law had keen interest to learn about his son’s sexual life and that he made the grandchildren sleep with him, so that his son (her husband) could indulge in sexual activities with her. According to the wife, whenever she informed her mother-in-law of the same, she was told that her son was her (Y’s) husband and thus he could do anything that he desired to.
Submissions by Revisionists
The revisionists (X’s parents, brother) submitted that all charges levelled by Y were taken at the face value without any concrete date, evidences or medical records brought on record.
Bombay High Court: “Every Case Of Harassment To Married Woman Is Not ‘Cruelty’ Under Section 498A”
Revised Trial Court Order
In its order dated March 7, 2024, the trial court once again went through the arguments from both sides. At the outset, it clearly defined Section 498-A IPC (cruelty to wife) & Section 304-B IPC (dowry death).
The court then went on to observe that the couple had been married since 11-years (2008-2019) and the wife did not raise any complaint for so many years. The court also noted that the wife did not share a single instance of when the dowry was demanded and how and when exactly was she ‘treated with cruelty’ by her in-laws. The Court added,
In her statement recorded (initially) under Section 164 CrPC, respondent number 2 (wife) did not make any allegation against revisionists for demanding dowry or revisionists treating her with cruelty for non-fulfilment of any such demand.
Subsequently, the Trial Court dismissed the charges against husbands’ parents and brother and discharged them from the said case.
DO WATCH:
My Brother Was Beaten Up In Police Custody On Mere 498A Complaint By His Wife | Husband’s Sister
MUST READ:
ARNESH KUMAR VS STATE OF BIHAR | Landmark Judgement On Unnecessary Arrests Under Section 498A
LEAVE YOUR COMMENTS BELOW:
READ ORDER | Husband's Parents, Brother Discharged From False Dowry Harassment & Domestic Violence Case (#498A)
— Voice For Men India (@voiceformenind) March 12, 2024
▪️ Allegations by Wife: "#MaritalRape, FIL was interested in son's sexual life, MIL said husband can do whatever he wants"#VoiceForMenhttps://t.co/gzgOmAxNWy
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