India’s anti-dowry laws are being misused, which often results in the acquittal of the accused. It is one of the major reasons that people are afraid of false dowry cases. Do you want to know how to deal with false cases in India? Do not worry this article is what you were looking for. It will help you in fighting these false dowry cases in India. Do you feel your whole family can be a target of 498A? These 10 methods will save your family from 498A.
Nowadays, false cases related to Article 498 i.e. Dowry have increased immensely. To ensure women’s safety this law came to light. Now, it has become a weapon. Because there are many cases in which women misuse the power of the law of 498A. And along with that, they not only harass their husband but also his whole family. Therefore, we will discuss 10 ways to deal with this problem and to save an individual from the repercussions of 498A.
- Stree-Dhan: Whenever a marriage takes place, every parent of a girl child gives their daughter some things as a gift. It can be money or some gold, this gift is known as Stree-Dhan. People do tend to get confused between Stree-Dhan and Dowry. But there is a difference between the two. Now, if we talk about false cases under 498A. It is clear that whenever someone files an FIR with fake intention then always the hyperbole things are mentioned. So, to save yourself from this problem you should always keep a paper in which all the details of the Stree-Dhan should be written. And signed by both the parties and also photographs should be taken. These are all steps that one has to follow during the marriage. So that in the future fake claims cannot be made.
- Anticipatory Bail: As soon as you get to know that the 498A false case is filed against you. Or in this anticipation that you are scared that police will arrest you. Then, the first thing you should do is contact your lawyer so that he can apply for your anticipatory bail in your state’s sessions court. Once you obtain this anticipatory bail police cannot arrest you.
- Section 482 CrPC: If a 498A FIR is filed. And if you feel that in that FIR( first information report) all the false claims are used to file it. Then you should seek the help of the Hon’ble High Court. Because based on section 482CrPC (Code of Criminal Procedure). If the Hon’ble High Court thinks that the FIR filed is based on false information. Its only intention is to harm your reputation then the high court can access its power based on section 482. With this power, it can refute that FIR, which is in law terms known as FIR quashing. Let’s understand this with an important case law:
Geeta Malhotra VS. Institute of U.P. In this case, the Hon’ble Supreme Court said that in the cases of 498A, not only the husband but also his whole family can be a target. Even those family members who do not even live in the same house can get involved. If the case is filed on them also. Then in that case Hon’ble Supreme Court has said that there needs to be a clear mention. How they (family members other than husband) harassed the other party for dowry. If it is not mentioned then the Hon’ble high court should quash the FIR and give them relief.
- Section 340 CrPC: The fourth relief, is section 340. It says that if a case has been filed against an individual based on false allegations or fake affidavit. In that case, he can file an application under section 340 against the opposite party. If he feels that the FIR filed under 498A, is based on hyperbole statements. Even in the case of domestic violence, filed against him have any hyperbole statements. It can also be in application 125, i.e. of maintenance in that if his wife has hidden any of her income sources or has written his false income. In total if any wrong litigation has been filed against him. In that case, he should apply under section 340 CrPC. This application, if approved by the court, will surely help him in strengthening all the cases filed against him.
- File Application under Section 9: If the person is Hindu then he should apply to section 9 of the Hindu marriage act. If he belongs from any other religion then there is an application of Restitution of Conjugal Rights. This says that he wants to continue with his marriage. This will strengthen his case in front of the court. That he wants to live with his wife and has never harassed her for the dowry.
- File a Complaint: If he thinks that the FIR is filed on false/fake allegations. In this case, he should go to the SP or commissioner, his state’s DGP, CM, PM wherever he can, write a complaint. He should write it and submit it via cc to all other departments too. Moreover, if his mother and sister are also involved in this case. Whereas he knows that they were not involved at all. Then on their behalf, he should write a letter to the women commissioner also. He should also file an RTI concerning his complaints as they have no compulsion of answering them. But they have to answer the RTI within 30 days. These complaints will create pressure on the opposite party.
- Domestic Violence Act: If he thinks that the maintenance order filed against him is on false allegations. Then he should apply to section 25 (2) of the Domestic Violence Act. That act says “ IF the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring an alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate.”
- Approach higher court: If the Hon’ble court passes an order concerning maintenance or anything else. If that order is not in his favour, then the first thing which he should do is to challenge the order in the higher court. One can only challenge the order in the higher courts. For example, if the magistrate has passed the order then he can go to the session court. if the session court has passed it then he can go to the High Court. If he does that and if his case is based on strong facts then he can get a stay order. The stay order means that the court’s order will not be operational.
- Reconciliation: In family and marital issues, the court always suggests that instead of separation or taking divorce there should be reconciliation. For that, these matters are sent in mediation He should always try that this issue should go in mediation so that fake cases can come to light.
- Maintenance: In these kinds of cases the first thing the opposite party asks for is maintenance. Whether under 125CrPC or Domestic Violence Act or be it any other law. While approving this court always looks at the earnings of both the parties. So, if he pays attention and keeps the records of the earnings of the other party, then he can always use it in his defence. That’s what she has written in her maintenance petition about her false earnings. So it is under his right to give her maintenance.
Under the Dowry Prohibition Act of 1961, both giving and accepting dowry in India is an offense. The punishment for violating the law is 5 years imprisonment plus a Rs 15,000 fine or the value of the dowry given, whichever is more. According to this, both the parties are liable. But, 498A provides special power to women. Because of this false cases are increasing. These 10 methods will help the individual from the false cases under 498A.
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