Basics of 498a - Must Read

• Are you an Indian married Male?
• Is your wife Indian ?
• Do you have a Kid who is getting married to an Indian woman?
• Do you have close relatives who have an Indian wife?

If your answer is 'Yes' to any of the above, it is in the best interest of you and your family that you know about 498a- one of the if not the most abused law in India. 

What is 498a?

Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows.

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable. 

Concerned with the increase in the number of false cases  supreme court of India issued directions to counter the abuse saying 498a is used as  “weapon rather than shield by disgruntled wives”. Supreme court went as far as branding 498a "the legal terrorism" and have instructed parliament to amend this Law. 

Does this mean you are safe ? Unfortunately No !!!

Some Police in India are hand-in-glove with the wife's family as 498a is also their biggest source of income and hence Police continue to take advantage of the 498a cases and they continue to harass to make the innocent husbands choke money they need. 

How does 498a work?

The very nature of 498a makes it wife-biased (daughter-in-law biased), discriminatory, stringent, unprecedented, exceptional and poorly formulated. One line of written or oral complaint from a woman or her family member can land husband and his entire family in jail without any investigation. As simple as that. 

How can you protect yourself form not becoming a next victim to this vicious Law?

There are million articles online suggesting you to spy, record, keep receipts of money spent on your mrs etc however none of this can prevent her from filing a 498a and yes with all this evidence you will be able to prove the case is false once it goes for trial but before that, you have to face the police and may be even spend a day or two in Jail. 

To safeguard yourself to an extent It would be better if you can gather the information mentioned below. This could save you from the huge humilation, harrasment that your family may face in police custody/jail.

• Check whether someone from the girl's father's family or mother's family has ditched her husband for trivial reasons and staying in her parent's house - 

• If the girl that you are going to marry is currently having a full fledged relationship with someone who is a frequent visitor to the girl's house - stay away 

• If the girl is having a relationship with her brother in law or her close relative - stay away 

• Check whether the girl's family is in deep debt (lot of home loans, car loans) and their income is less than their spending 

• If both the girl's parent are working , be double cautious , girls with lot of freedoms can really be troublesome

• Make sure there is not much difference in economic status between your family and girl's family

• Put in writing that "No dowry was exchanged in this marriage" in a stamp paper and get it signed by the girl and her parent.

Knowing the above, you still have to make a decision however it will be a more informed decision and potentially you can safeguard yourself and your family to an extent from becoming a 498a victim. 

Good luck. 

Need an example ? got 20 mins ? Please read my story here.