In most cases of 498a, have you noticed that it is mostly filed by an educated woman of modern society? Why is it so? One of the core reasons may be that this rule was introduced when male dominance was prevalent but things have completely changed now. Now, it is a modern era where women sit right next to men be it any field or aspect of life. In this fast-paced era, no field or sector is left where there is no presence of females. Females are leading men in some top sectors like Space Industry, IT Industry, or such other industries that were thought to be meant for males. But the women have changed the whole scenario.
However, there is also a category of women who like to enjoy a lavish lifestyle and thus marry ultra-rich men. And if their relationships don’t work as per their plans, they opt out by making domestic violence or such cruelty a ground for terminating their marriage. The main reason behind filing a case of harassment/cruelty against their husbands is to seek alimony and live a life free from the struggles of attaining basic amenities. The law as well as the court is tilted towards women’s rights and thus gives an edge to women. However, when if you ask about men’s condition, especially during the whole law process; from getting filed with the charges of cruelty to his wife, to trials and final judgement, you will be shocked to only know of his mental state and social sufferings he often deals with.
The main characteristic of this Section of IPC is its usage, it has almost no use except protecting women from harassment/cruelty that happened with them at their matrimonial home by their husbands or relatives of the husband. However, it’s one of the most widely misused laws in the last few years. The consequences of its misuse are so serious that many men find it simpler to choose suicide than deal with the stigma of being a rapist, sexual abuser, or one who does cruelty to her wife.
Men who survive even after the long trials and sufferings of the overall legal process and its social impact, often end up living a life of loneliness, lack of respect and self-confidence, etc. In other words, such men lose trust not only in the women’s community but overall society due to which they withdraw themselves from society and live an entirely unsocial life with no friends and other social circles.
The worst thing is that they are so frightened after such kind of horrible experience, they don’t have enough courage to enter into a new relationship and thus the scarring of false 498A doesn’t mentally or emotionally allow them to make a family once again. One of the major disadvantages of this law is that even after a woman’s 498a case is proved false, no significant changes come in her life as she can freely roam until the husband files any case against her. On the other hand, even if the man gets clean chit from the court, he is seen as a social person who can do heinous acts with others as well. After witnessing the severity of the consequences of false 498A cases on men’s life, many courts have labelled it as Legal Terrorism.
What kind of men are more affected by false 498a?
Now, it is one of the common questions that what kind of men are mostly affected by the ill effects of 498A? The answer is those simple family people, who are not smart enough to deal with wicked people and are so emotional are badly hit by the consequences of 498A. Men who are not aware of the wickedness of the world or haven’t come across such people in their life are the simple prey of women who only marry rich and well-reputed men so that they can file a case of cruelty against them or their families so that they can demand a huge sum of money by blackmailing them for the name of tarnishing their family’s reputation. Many innocent families get into this trap while others head to the judicial system. Even families who are taking the help of the judicial system have to bear all the consequences of a criminal family before being acquitted from the case.
Horrible Facts About 498A or its Consequences
Some horrible facts about 498A are listed down;
- This Section of IPC deals with matrimonial matters under criminal law instead of civil law.
- A non-bailable warrant (41A) does not require proof before making an arrest. As a result, it reveals the accused’s vulnerability of being robbed of their basic human rights.
- This law made in the name of women’s safety, believes the accused to be guilty until proven innocent in the matter.
- Being a non-compoundable law, the complaint of 498A can’t be reversed thus minimizing the chances of reconciliation of the couple.
- Firstly, it is a lengthy process and if a man is lucky enough to be acquitted at a favourable time, it’s almost next to impossible to find a suitable bride as he gets a social stigma of being a dowry greedy and a cruel person even after his acquittal.
- A large chunk of innocent men is not able to bear the depression and pain of having been charged in a false case and thus they commit suicide.
- To save their lives from the serious consequences that a family has to face during the trials of a 498a case, many families opt for paying a hefty price in the name of alimony, in order to stay away from dispute.
- Matrimonial cases linger in court for years with only the man and his family withstanding the cost.
- Some unscrupulous women even use it as a tool to extort an enormous amount of money by marrying a rich man and then filing 498A and demanding a heavy money to withdraw the case.
- The 498a law contains no abuse clause that could prevent women from abusing it.
- A woman can file a 498a case even after divorce in case she wants to extort money in the name of maintenance.
Reasons behind filing a 498A
Apart from domestic violence, and any sort of cruelty done with the wife at her matrimonial home, there are several other reasons included along with cruelty in a 498a case. The reason behind almost all the 498A cases include not restricted to;
- Legal extortion
- Extra-marital affairs
- Adultery
- Dominating Personality
- Behavioural Issues
- Custody of kids
- Fraudulent marriages
- Husband refusing to leave his age-old parents
What are the ways to tackle a false 498a filed against you?
Being a law titled towards women, there are still some unidentified clauses that can help you escape the consequences of false cases of 498a. Among those unidentified clauses, some effective ways to protect yourself from 498A are as follows;
Seeking an Anticipatory bail
It’s one of the most important ways that every husband must be aware of. When you realize that your marital relationship is not working well in the right direction or your wife is so egoistic that she may go beyond boundaries to pamper her self-centred intentions. And if you know that she won’t hesitate in taking legal action against you to extort money or just for vengeance, then it’s always better to seek legal consultation without waiting for that time to come. Be mentally and legally prepared so that you can take anticipatory bail after some hours of filing 498a against you.
If you succeed in seeking anticipatory bail, it gets easier for you to collect evidence and proof that can help you prove that your wife has filed a false case of cruelty against you. On the other hand, if you are taken into custody it not only causes physical suffering but also impacts your mental and most importantly your social image. Along with your personal, your professional life may also be severely at risk.
Quashing of a 498a FIR
In case, your wife has filed a false 498A case against you, you can appeal to the High Court under section 482 of the Code of Criminal Procedure. Generally, after FIR has been registered, the Courts don’t want to void it or come into Police interaction until you have sufficient evidence to prove that she is doing this solely with the intention to harm you; be it mentally, physically, financially and/or socially.
File an FIR against the wife for filing a false 498a
If a wife files a false 498A against his husband, he has the option to file an FIR against his wife for filing a false or baseless case against him. Additionally, such husbands can also file a defamation case against their wives.
In addition, some other ways can help you protect yourself from a false 498a case but you can’t escape from it without the assistance of an expert matrimonial lawyer in Delhi or your region.
Protect yourself from the false case of 498a, rape, sexual assault, and such other cases filed by women by staying active, aware, and updated on such cases and their judgements through Sahodar.