How to Benefit from Recent Supreme Court Judgment on 498A |
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How to benefit from recent Supreme Court Judgment on False IPC 498A

There is one line from a Hindi Song that reverberates in my mind each time I see a judgment in which either any High Court or Apex Court has given some guidelines for arresting the misuse of 498A. The line is “Jitne Suljhe hai Prashn Yahan, wo Resham jaise Uljhe hai”. Now when in the past any of the Landmark Judgments were passed, whether it was a Preeti Gupta Vs State of Jharkhand [(2010) 7 SCC 667], in which the mediation between warring couple was made compulsory or Arnesh Kumar [(2014) 8 SCC273] judgment in which detailed guidelines were issued to prevent unnecessary arrests, the judgments brought further complications and chaos, the loopholes were soon found by unscrupulous people to exploit husbands and their family members. Judgments did provide relief for certain people, but created layer after layer of exploitation by police, lawyers and court staff.

So, why this judgment is any different? And the impact would be any different? The euphoria and cynicism is all same.

The news this time also broke in the similar vain “no arrest in dowry cases till charges are verified” across different news channels, websites, Facebook, Twitter on the fateful 27th day of July, 2017. BBC announced “India top court orders changes in anti-dowry law to stop misuse” while national newpapers like The Hindu went a little deeper “Panels to sift genuine dowry cases”, even the business newspapers like Business Standard mentioned “No arrest of innocents, proof of cruelty must in dowry cases”. It has to be borne in mind that such or similar headlines were rife when earlier judgments came. I distinctly remember when Justice Gambhir gave guidelines in Chander Bhan [(2008) 151 DLT 691] case, whole feminists raised such a protest that it lasted many days in the newspapers. And don’t forget Feminists tried to get Arnesh Kumar judgment overturned by way of review petition.

And this time it is no different, online news portals like the Indian site of Huffingtonpost went on to say “The SC Order On Sec 498A Addresses The Demands Of ‘Men’s Rights’ Activists”, which of-course burnt holes in the heart of Feminists who decried that “It would not be wrong to conclude then that Supreme Court is caving into pressures from ‘men’s rights’ groups in India who have been feeling increasingly threatened by challenges to patriarchal practices” in www.feminisminindia.com.

Though consistent assault by courts on misuse of women friendly laws finally made even Women and Child Development Minister Maneka Gandhi to ask the National Commission for Women (NCW) to create a ‘window’ in its online complaint system where men could bring up instances of false complaints against them. The minister said, in recent months, she had been receiving a rising number of complaints from men about being falsely implicated in cases of domestic violence and dowry. I would consider this an unparalleled outcome of the Rajesh Kumar judgment.

And then comes WIIFM (what’s in it for me) factor? There is a lot of confusion. Whether the courts would take action on its own or do we have to take certain actions? I have always been in favor of being pro-active, when the action suits you or have a better chance of favoring you.

So what does this Judgement entail for a person undergoing 498A case, how will this landmark judgment change the course of my CAW cell complaint, how will this impact my family’s harassment on every date of 498A?

So let me start by raising my hand up and stating that it’s a Laudable and Bold judgment by the Apex Court of India however the specifics on how this will change the procedure of existing 498A cases is not clearly mentioned. But we can all use the beneficial guidelines provided in this Landmark Judgment in our cases to steer them towards more “equitable” horizon.

All the victims of this Gender-Biased Law, undergoing various stages of CAW cell proceedings, should send out letters to the DCP/ SP of the concerned CAW cell and District Legal Services Authority seeking validity of CAW cell proceedings against them in view of this Supreme Court Judgment since there is no mention of CAW cell but formation of Family Welfare Committee to handle such cases by disgruntled wives. Not only victims, but Men’s Rights Groups in various cities and states can write letters on their letterheads to the DCP/ SP concerned and also to the SHOs of the area that the proceedings of all cases where there is no tangible injury of the complainant or death of the victim, should be transferred to the ‘Family Welfare Committee’. You may use this template and it may be modified as per the circumstances and stage of each complaint.

For victims who have mutually agreed for a settlement, should write using this template to the District and Sessions Judge to close the criminal case since the dispute primarily related to matrimonial discord and has been settled. This would save them time and cost of going to the High Court for Quashing of the case.  You may use this template.

For victims staying out of India, who already have Red Corner Notice or LOC opened or fear that it may be opened anytime soon, may write to the local SHO with a Copy marked to DCP/ SP and District Legal Services Authority with the this template to stop/ close the LOC alongwith a request to be accorded facility of Video Conferencing to better defend their case. You may use this template.

For victims whose trial is underway, may write to District Judge for clubbing all connected matters to their matrimonial litigation together by using this format. This is the biggest benefit which can come out of this judgment and you may use this template.

All victims should seek exemption from personal appearance/ permit appearance via video conferencing for their family members, especially if they are staying out of station using this template.

Since the Apex Court will be watching the working of the proposed arrangement for six months and the matter will be listed again in April, 2018 so there is a scope of more reliefs and I will keep updating this article as and when I get to know more.

You may be interested in reading Landmark 498A Judgments by clicking HERE

You may get all the templates posted here by visiting “Application Templates”

If you have any query related to gender biased laws join SahodarWhatsapp Groups by sending Whatsapp message “Subscribe” to Sahodar Trust No. 9811850498

16 Comments

  1. Mohammed November 29, 2017 Reply

    Hi Shonee Sir,

    I want to share my case ,,
    My wife left home : 28-sep-2016,
    My divorce done : 15 dec 2016
    She file a cAse through Court: 16-Jan-2017
    Total accused persons :8
    A1: my self ( NRI)
    A2: My brother (NRI)
    A3: my father ( In India)
    A4: Mother ((ind)
    A5: maternal uncle ( India)- become culprit
    A6: sister(ind)
    A7: bro in law (ind)
    A8: my big brother wife ( nri)
    And after case came to police station , A5 my uncle take no arrest bail in feb -2017
    A5 is plan for the cAse
    After this step taken by A5 cAse has been booked but no charge sheet filed , till now , but FIR and false statements is done in PS,

    And in India my father, Mother , sister,Bro inlaw for all we apply AB baIl in lower court it’s rejected ….
    After that I’m hyderabad HC again we apply but it was dismissed send back to lower court, and order says surrender lower court bail will grant on merits ….
    So my parents are surrender and
    We apply regular bail for 2 times in lower court it was dismissed …. because my lawyer and my out law both are friends ,,, my out law also munshi…..
    We don’t no this story and after 40 days my parents got regular bail in Hydervad HC,,,,
    Charge sheet booked
    And sections are
    307,420,500,506,498A
    Etc
    And how judge accept these sections I don’t no
    There is no material for 307 even we don’t do anything
    After charge sheet
    My parents got bail ….
    then
    My outlaw apply Red corner for us
    In commissioner office
    From commissioner office task force had enquiry about our case and they said
    It’s false case we can’t do this redcorer.,,,
    After that we apply AB for my sis and bro inlaw and there baIl also granted by HC…

    During these period my outlaw said to all for compromise case 1 crode he need
    Then after my parents got bail he said 50 lacks
    After got my sis and bro inlaw bail he said 30 lacks
    Now he didn’t say anything
    And tell us next step what I need to do sir ,,,,
    I want to remove all the sections through law

    What is the way
    Where shud I go to to request do one more time enquiry
    Or I need to wait tilll trails
    Sir I want to
    Call my parents to abroad
    Ad per them they r in case they can’t
    Please advise me sir ….
    I want to safe my family
    Want to remove alll false sections through law
    Shud I approach hc or Supreme Court
    Help me sir …

  2. Rajshekar October 27, 2017 Reply

    Great article.
    Thank you so much

  3. Khan fakharuddin October 19, 2017 Reply

    My wife has filed false DV case against me & my family members in Varanasi court. After marriage she was staying with me in Mumbai where we are residing now. Is there any possibility that she can file 498A from Varanasi. She has filed for divorce in family court Varanasi seeking maintenance.

  4. Anonymous October 17, 2017 Reply

    Thank you Shonee Kapoor.
    Thanks for providing such vital information.
    Thank you for taking painstaking hours to prepare the template.
    Thank you for making it available for free for public.
    Your work is priceless.
    Respect you Sir.

  5. Dr h c bhatt September 24, 2017 Reply

    What about those men who hav FIR registered in 498a406 34 ,but charge sheet not filed .

    • Author
      Shonee Kapoor September 25, 2017 Reply

      You may use the judgment after chargesheet is filed for dispensing personal attendance and likes

  6. Vivek Mehta August 31, 2017 Reply

    Sir my lawyer refuse to submit clubbing application. He says technically it is not possible as the cases run in different courts (Magistrate, Session and Family). Hence, such an application cannot be filed. My little joy ended with his refusal to file such cases. Would it be possible for you to advice.

    • Author
      Shonee Kapoor September 1, 2017 Reply

      Everyone knows that. Don’t you think, SC would have known it, when it gave directions?

      That is why SC said, a senior level judge, we won’t get any relief unless we ask for it.

  7. MentorsInn August 22, 2017 Reply

    Useful Information

  8. Vivek Mehta August 7, 2017 Reply

    Thank you Shonee for giving ready made stuff available! I am sure several people will benefit from this.

  9. Sam August 4, 2017 Reply

    Sir What is the legal meaning of tangible injury?? Kindly explain

  10. shazeel basha August 3, 2017 Reply

    Dear Sir,

    Upon seeing your work, I cannot express the amount of gratitude and respect I have developed for you. Within a week of the judgement you have taken time to analyse the judgement and create all the templates. Hats off sir. I will one day meet you in person and seek your audience. Thanks again and God bless you.

  11. OP Arora August 2, 2017 Reply

    Updates are a big relief to those facing false 498a. Keep it up.

  12. Sagar jolly August 1, 2017 Reply

    Sir,
    I have ongoing cases in dv act and crpc 125 in rohini court.
    Can these both cases be clubbed?
    If yes can you guide on the procedure for the same.

    • Author
      Shonee Kapoor August 9, 2017 Reply

      I have the template for the same. One has to apply to get it clubbed.

  13. Shivinder pal July 31, 2017 Reply

    Very gud article

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