पत्नी ने अपने पति और घर वालो पर किया फर्जी 498A का केस | वकील की जोरदार बहस ने पति को दिलाई जीत ?

Added: 2026-05-27

[00:00:00]the statistics on the abuse under the matrimonial laws under 498A. The marriage takes place on 352023.

[00:00:08]A 16-month delay >> in filing the complaint before the police.

[00:00:12]>> Both are doctors, highly educated.

[00:00:15]Physical abuse, mental abuse, violence is attributed against the husband, the mother, the brother, the uncle and all family members. While before that in no paragraph do you find any allegations against any of them. Then there are dowi claims which have been made saying 2 cr in cash was demanded.

[00:00:33]Property was demanded in Hyderabad and not 1.5 kg of gold. Other allegations is that the husband takes drugs. He's an alcoholic. He's had extramarital affair because of which they separated. Now 4 months into the marriage marriage fails because he's having some extraarital affair is their allegation.

[00:00:49]>> The members of the family. Yes. I'm going to quash. Yes. I'll subject to what uh you would say that's in the uh uh husband.

[00:00:58]>> Yes.

[00:00:58]>> Come come after filing of charge.

[00:01:00]>> Yes.

[00:01:09]The husband and his four relatives are before this >> 3498 and 34p 298 >> mentioned on the previous day A3 who's the brother of the husband secured admission >> employment yes sir >> lord my entire endeavor will be to show to your lordships that the case is squarely covered under ground seven of paja which is where proceedings are instituted with a view to wreck vengeance and personal grudges.

[00:01:42]My case is not that the wife has instituted this and this entire case is a case of over implication because if I say if it is an over implication that means the husband has been rightly implicated while the other four have been wrongly implicated. My case before lordship is going to be that it's a case of exaggerated versions of pity equival so far as the husband is concerned and the others in any way unwarranted implication. There's an in model right?

[00:02:07]There's an inity option >> even against the husband.

[00:02:11]>> I not >> even against the husband. There's some detailed research that we have done which we want to place with your lordship >> you to bring some solution to the larger menace of fifals dowy harassment claims but before that since I've brought my case under ground seven before I take your lordships through the ingredients and the allegations of the complaint I want to point out how the test of review the standard of review and the scope of review at the crime stage has changed from bhajanal to acha the test in bajanal was take all the ingredients on the face of it believe it to be true and yet If the allegations do not make out an offense >> then only quash.

[00:02:46]>> Now I'm not seeing the statistics on the abuse under the matrimonial laws under 498A and the line of judgments which have pointed out how marriage laws 498 have been abused. Achin Gupta now takes a full turn where it says citing ground seven even if allegations disclose ingredients which in my case it does not even if it does still the court will have to exercise a greater standard of scrutiny and ask for corroborative evidence even at the crime stage. No lord before I take your lordships to the allegations very important to note the difference in the scope of review bajan llal take it as it is take it to be true but under achin kupta now it is not enough for your lordships to take a hands-off approach minute the allegations are there in the complaint because allegations what the courts have said justice pardial has said many a times lawyers design lawyers define allegations in such a way so as to suit the ingredients so looking at statistics now the courts are saying do not simply take a himsoff approach ask more probing questions look for corroborative evidence and when you lot to look at the allegations in this complaint not a single spec >> not a single speck of credible contemporaneous evidence that is attached along with the complaint now Lord there are five or six preliminary points that I want to make just please note two dates Lord the marriage takes place on 352023 >> lot only note this date not marriage takes place on 35 2023 >> the part the husband and Five have resided together in a shared cohabitation only for 4 months.

[00:04:20]>> Complaint is lodged in February of 2025 by the wife.

[00:04:25]>> There is a 16-month delay >> in filing the complaint before the police.

[00:04:31]>> No preliminary inquiry initiated.

[00:04:33]>> Straight away the police go ahead and register an FIR.

[00:04:37]>> And it's very important to note because there are the four other >> accused as well.

[00:04:42]>> Yes. Yes. The husband and wife at no point of time have resided together with the in-laws or with the aunt and uncle.

[00:04:49]>> At no point of time both are doctors, highly educated. The wife is a PG graduate in radiology. Husband is a MCH in urology.

[00:04:57]>> But at no point did they stay along with the parents of the husband or the in-laws of the wife.

[00:05:03]>> Seven page 26 para lawyer drafted complaint suitably designed to bring allegations within the ingredients of the offense. M >> and if the lordship were only to see par 26 of the complaint >> the lordships will find at page 33 of the petition >> this symbolizes the vexacious omnimous and generic allegations because others you forget your husband but I just want to see how the complaint in par 26 >> squarely lord is omnibus generic because it says and this runs grit large through the entire complaint physical abuse, mental abuse, violence is attributed against the husband, the mother, the brother, the uncle and all family members. While before that in no paragraph do you find any allegations against any of them. Now Lord let's come straight to the husband. Now there I have I have seen Lord there are if I take all the allegations against me they can be brought under five or six heads.

[00:06:03]One is emotional abuse physical abuse then there are dowi claims which have been made saying two cr in cash was demanded >> property was demanded in Hyderabad and not 1.5 kg of gold. Point number one which a lot will note they have pleaded in their complaint that the father of the wife has met the demand to the extent of 1.25 lakh in cash. Just please note this >> the father has said of the wife that he has given in fact 1.25 in cash. Now lord the other allegations is that the husband takes drugs. He is an alcoholic.

[00:06:40]He's had extramarital affair because of which they separated. Now four months into the marriage marriage fails because he's having some extra marital affair is their allegation. Assume it to be true.

[00:06:49]It took you 16 months as a doctor no medical certificate produced. Not there are allegations that there were cruises on the lips. Now please come to that allegation. This is the only physical the physical abuse allegation which is supported with evidence. M >> lo will come to their statement of objections >> and know they've produced the pictures to show that this is physical abuse.

[00:07:14]>> I'm not your losers will have to decide whether this is physical abuse.

[00:07:18]>> No no why will I decide?

[00:07:19]>> Yes.

[00:07:20]>> Yes.

[00:07:21]>> Your will only come to page 13 of their statement of objections.

[00:07:29]>> No others I will straight away question.

[00:07:31]I will not listen to them. But as far as the husband is concerned >> all this.

[00:07:35]>> Yes. Then then let me just show your lordship what the allegations are. Then your lordship may decide. Please come to page 31 >> of the objections.

[00:07:43]>> Yes. Of the objections.

[00:07:49]>> 31.

[00:07:51]>> Huh? You know >> this is the physical abuse 145 2023 bruise on my lips.

[00:07:57]I'm >> not proceedings are being live streamed.

[00:07:59]I don't want to say this is at the honeymoon and Bali.

[00:08:02]>> All right.

[00:08:02]>> This is the only evidence which is corroborative to show that there was physical abuse during honeymoon in Bali.

[00:08:09]These are the two pictures that have been produced. Now please come to 33. 33 page 33.

[00:08:14]>> That's why it took 16 months to complain. It took 16 months and you know please see this if you are abused if you there is cruelty logically not any rational person will first immediately want to separate five divorce claims separate out >> that that rational now you can't draw husband difficult others straight away whatever they may argue >> let me say this in achina in achin gupta let me sh your lordships have generally taken a view that husband must not receive the imunity which other receive but in achina only want to tell your lord Sachin Gupta Abhishek >> yes I'll tell you a lot the entire reasoning was this please see the reasoning appreciate the reasoning in the F it was the husband and relatives in the chachi >> they dropped the relatives only husband remains challenges high court does not quash correct and it is in that context that justice came down very heavily saying if there were two allegations if you have to take the f blindly then why did the police drop the other four in the chachi >> and they qu it against the husband >> correct have to conduct a merit based review even if it is No, see there is no material today except the complaint that is filed of the prosecution before me.

[00:09:22]It is stayed immediately.

[00:09:23]>> Yes. Now the question is what the evidence that the police can recover?

[00:09:26]>> No can recover. We don't know. I can't telescope my imagination there. Now the members of the family yes I'm going to quash. Yes.

[00:09:34]>> I'll subject to what uh you would say that's been the uh husband. Yes. Come come after filing of charit if charit is filed. If the lordships are going to direct investigation against the husband, my submission is going to be this.

[00:09:51]>> Since they have made a claim, there are two two pro two acts which have not been noticed by this court which is the dowi prohibition act under section 8 and the rules that are framed there. Four authorities also have produced.

[00:10:03]>> Please come to nra sing which is a judgment of the alabad court, Delhi high court Singh is Alawad High Court. Please come to Nra Singh at page 69.

[00:10:15]Wild allegations of 3 crores, five crores are made very regularly. Lord, please see what the Delhi High Court has said. Par 3 permit me to read par three and par four.

[00:10:27]>> A perusal >> I'm there page 69. Page 69 I'm there.

[00:10:32]>> A perusal of the complaint would show that as per allegations dowi demand was made even before marriage and an AC was demanded from her father and her in-laws and her father had assured that AC would be given at the time of marriage. She told her father you have given car and AC at the demand. What will happen if they demand a flat tomorrow? Despite her this conversation with the father and despite her knowing that dy demand had already been made she married in the same family irrespect of the fact that she was well educated and was an engineer and her brother was in police.

[00:10:55]In fact these kind of allegations made after breakdown. So the mentality I consider where these kinds of allegations are made. The police should simultaneously register a case under the dowi prohibition act against the parents of the complainant as well who married their daughter despite demand of dowi.

[00:11:11]Section three of the act prohibits giving and taking of dowi. If a woman of grown-up age and well educated gets married to a person despite dowi demand, she and her family becomes accomplice in the crime under the dowi prohibition act. Now please come to paragraph five.

[00:11:26]Metropolitan magistrate should take cognizance of the offense under the act in respect of the offense of giving dowi. Whenever allegations are made that dowi was given as a consideration of marriage after demand, court should also insist upon compliance with the rules framed under the act and if the rules are not complied with an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transaction should be brought to the notice of the income tax department by the court so that source of income is verified and the person is brought to law. is only because the courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complaint without any verification that a large number of false complaints are pouring in. Therefore, Lord, this is what the Delhi High Court has said. If you are going to make allegation that you have given two cr and you have met that demand now even under the prevention of corruption act >> giving corruption act giving and taking definitely >> no no even under not PC >> PC act definitely giving and taking both are punishable I myself written that doesn't you can't paraphrase that to dy in the Indian >> I'm not paraphrasing itself says no no no in fact not I just want to show the alabad high court judgment itself which also examines the entire provisions of act the dowi prohibition and the rules framed there. No but this alabad I have seen uh your next vin justice vin >> yes yes Ankit Singh just come to the guidelines I just want to show you what the guidelines are there is a dowi prohibition officer constituted under the dowi prohibition act >> nobody will complain in that nobody will complain they want their daughters to be married will complain >> but instead of complaining to the police what the law requires is that >> they don't compl they don't don't complain to the police immediately they complain to the police when the relationship turns sore >> that doesn't mean relationship turning sore I had given dy two years back and go to the dy prohibition office officer and complain >> no >> no at the end of the day the allegation is still claim and meeting of dowi claims I am not saying that it is because of 16 month delay you don't file it I am only saying it has to go before the dowi prohibition officer >> let's see we'll leave all options open to you to come back after filing of the final report >> yes I'll >> husband I'm not going to tell you >> whether it is 16 months whether it is a bruise happened anywhere I'm not going to enter into all that because it is a 482 petition and we are still at the nent stage where we're only looking at the complaint complaint it's about 16 page whether it's lawyer drafted or the petition the complaint in drafted is not the stage at which I do it other members of the family yes >> then let me say this >> subject to what would say >> these 49 three and four charge sheets on a daily basis >> that we'll see that's why >> in that charge sheet there will be self-s serving statements of victims So at this stage of at this stage of crime very rarely exceptional cases I have quashed the proceedings against the husband >> which is why I began with the scope of review that now it is incumbent on the court to ask more probing questions at that stage is what a question >> no probing questions will only be if there is some investigation done nothing is done in this it's nent stage >> 16 months later what kind of investigation said the only allegation is I'm an alcoholic I'm a drug consumer I have abused you >> no we don't know See statements are not recorded still nothing is done we'll see later >> how is that how it is arranged no problem don't go into details for watch I have stayed in Hyderabad house where I was assaulted my learn I'm not on that see why draw other members of the family law is goed against you in that this husband yes husband also there is law I'm not saying but qu the facts obtaining in each case so will permit the husband to come back after the final report if there is a final report others I'm not my only my only point will be that in respect of these allegations that I have my family is demanded and these allegations were met how is it that I prove the negative if somebody says I have demanded 2 cr how can I prove the negative they Having said that they have met their demand burden on them will only direct the police to investigate that as well.

[00:16:14]Police will investigate everything every angle quant >> in that context not they should >> every angle yes even the delivery angle everything they will see >> because 16 months delay >> that we'll see see I'll tell you not not in this case or other case women when they are harassed by the members of the family or the husband they don't immediately jump to the police station they always think of a reconciliation only when she's is driven to the wall by all of them or the husband yes files a petition for divorce then she feels yes I I have undergone all this misery I've endured everything even then it ends up in a divorce so then registers a 498 not in all cases sometimes frivolous sometimes but you can't paint everything with the same brush >> I fully appreciate >> so when women is driven to the wall only she will go otherwise reconciliation definitely will go on as a process because endurance is known to them no more than us.

[00:17:15]>> Yes.

[00:17:16]>> It should not happen that in the attempt to save the uh the harassed men that genuine complaints are not weed out.

[00:17:24]>> No, that's so many cases I stay for the husband quash it on the husband but there should be some material sheet here. It is a stage of investigation will not interfere with that.

[00:17:35]>> Yes. Then let the there be a timeline at least on investigation >> that we'll see. Yes. this uh wherever you want to travel cruise number three or whatever watch >> that is cost that's over yes >> so far as the husband >> husband I'm not uh >> time at least for investigation he's a doctor >> that we'll see >> radiologist >> neurologist >> neurologist I'm a radiologist >> you're a radiologist you're a neurologist >> neurologist >> urologist you are okay yes fine we'll dispose it in that way >> like a lordship got up when a fire is allegations is for the police too >> not on others I will give you since 498 I will give you everything if you want against others husband I am not when they did not even reside with you >> Hyderabad I was staying in Hyderabad with immediately after marriage >> in her complaint only she says we never stayed there we have stayed only for few days just after marriage as part of rituals but after that we rented a flat in Bangalore I do not want to don't get into nitty-gritty of I will not >> because 2 hours 3 hours don't do all that.

[00:18:41]>> Yes.

[00:18:42]>> Their purpose is to force a settlement.

[00:18:44]I will see settlement both of you are doctors you should settle it. What is this? Yes.

[00:18:51]The petition is allowed in part. The proceedings in so far as the accused number one husband is concerned stand sustained. investigation shall ensue and uh the investigating officer shall see to that the investigation is completed expeditiously. The petition in so far as the other accused are concerned is allowed. The crime in crime number so and so qu accused 2 to 5 >> 2 to 5 stands obliterated. Yes.

[00:19:25]Extraarital High Court.

[00:19:49]498 or drug add members.

[00:20:16]Direct proof.

[00:20:36]Important message.

[00:21:07]analysis or legal awareness.