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 (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023). 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? Would the impact be any different? The euphoria and cynicism are all the 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, and Twitter on the fateful 27th day of July 2017. BBC announced, “India top court orders change in anti-dowry law to stop the misuse,” while national newspapers like The Hindu went a little deeper “Panels to sift genuine dowry cases”, even 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’s [(2008) 151 DLT 691] case; all feminists raised such a protest that it lasted many days in the newspapers. And don’t forget Feminists tried to get Arnesh Kumar’s judgment overturned by way of the review petition.
And this time, it is no different; online news portals like the Indian site HuffingtonPost went on to say, “The SC Order On-Sec 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) 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.
Through consistent assault by courts on misuse of women-friendly laws finally made even Women and Child Development Minister Maneka Gandhi asked 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 the WIIFM (what’s in it for me) factor. There is a lot of confusion. Would the courts take action on their own, or do we have to take certain actions? I have always favoured being proactive when the action suits you or has a better chance of favouring you.
So what does this Judgement entail for a person undergoing 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) 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 (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023)? So let me start by raising my hand 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 (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) cases is not mentioned. But we can all use the beneficial guidelines provided in this Landmark Judgment in our cases to steer them towards a 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 given 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, which may be modified per the circumstances and stage of each complaint.
Victims who mutually agreed to a settlement should write this template to the District and Sessions Judge to close the criminal case since the dispute primarily relates to matrimonial discord and has been settled. This would save them the time and cost of going to the High Court to quash the case. You may use this template.
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 this template to stop/ close the LOC along with a request to be accorded facility of Video Conferencing to defend their case better. You may use this template.
For victims whose trial is underway, write to the District Judge to club 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 time this article was published, there has been a marked change in the guidelines issued by the Apex Court in regard to the procedure to be followed in 498A IPC (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) complaints. You can view my article on The New Phase of 498A to learn the current guidelines.
You may be interested in reading Landmark 498A Judgments by clicking HERE
You may get all the templates posted here by visiting “Application Templates”
20 Comments
My sister-in-law has file case against us. Section125crpc,section -9 , section 498A.
She is taking wrong benefits of the law.
In future as a women, If I will face genuine problems then I will have right to take actions.
So I request you to please take strict against this who are taking wrong benefits of this sections.
If women have benefits then men also should have benefits too.
Because all time men’s are not wrong. Sometime women’s will be.
I hope you will read my comment and understand the situation of ours.
Thank you
Appreciate your thoughts.
Hello. Your articles are helpful and informative . Thanks. In the 498a judgement rajesh sharma/arnesh kumar , it would be even better if sc had issued guidelines to prevent lodging of the false FIR .. Like they said in the case of the husband’s arrest. Because an FIR is also a bad thing on the husband’s clean record.
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 …
Great article.
Thank you so much
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.
Unfortunately, yes.
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.
What about those men who hav FIR registered in 498a406 34 ,but charge sheet not filed .
You may use the judgment after chargesheet is filed for dispensing personal attendance and likes
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.
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.
Useful Information
Thank you Shonee for giving ready made stuff available! I am sure several people will benefit from this.
Sir What is the legal meaning of tangible injury?? Kindly explain
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.
Updates are a big relief to those facing false 498a. Keep it up.
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.
I have the template for the same. One has to apply to get it clubbed.
Very gud article