• Just for name-sake may go against you.
• It should be in real, no connection or staying with parents, till case finished.

• Do Not marry in a 498A or an alleged Raped / Harassed Women family
• Do Not marry in the family where people are involved in illegal / fraudulent activities
• Make sure that the list of Gifts (“stridhan”) is signed by the couple along with 2 witnesses from each side. This should be videographed.
• Marriage certificate should say that NO dowry was given or taken during the marriage.
• Prefer doing only Court Marriage and no pomp and show events to avoid allegations tomorrow.

• Do Not marry in a 498A or an alleged Raped / Harassed Women family
• Do Not marry in the family where people are involved in illegal / fraudulent activities
• Make sure that the list of Gifts (“stridhan”) is signed by the couple along with 2 witnesses from each side. This should be videographed.
• Marriage certificate should say that NO dowry was given or taken during the marriage.
• Prefer doing only Court Marriage and no pomp and show events to avoid allegations tomorrow.

• Start recording all phone calls with her (family)
• Keep a record of your presence (especially on weekends/holidays)
• Do not close channels of communications
• Keep a tab on FIR
• No Anticipatory Bail in UP, Uttaranchal, so prepare to get arrest stay form HC.
• Avoid to show that without her you can’t live
• Never use any provocative words from your sides.
• Minimum 2 to 3 years do not file any RCR or Divorce from your side.
• Prepare your self and start collecting evidence by which you can file any criminal cases on them, depends on your evidence and witness you collect.
• Make ready Criminal Lawyers to get AB/Bail if any FIR is filed.
• Accept your life is not like any of your other friend who are still under marital slavery.

• Start recording (Video/Audio) all her threats and Blackmailing
• Try if you can stay alone with your wife; away from your parents/family
• Keep a track of all the expenses that you are doing on her
• Keep all important documents/valuables away from her
• Keep a proof of her educational Qualifications, Job, Salary etc
• Keep relatives / neighbors informed

At the time she is leaving:

• Inform the police as soon as she leaves the house
• Take a receipt of the things that she is carrying with her; get it signed by witnesses
• Try to keep the kids (if possible)

• It is a very common practice to implicate Sisters, Parents and other family members.
• This is done to create the pressure on husbands and create a panic situation.
• Tell them to take stand, it is between husband & Wife, they have no role and cant advice anything.
• Try to File Quash petition on their behalf and get stay & relief.
• If Quash happens on merit, it could be good case to file defamation on their behalf.

• We do not advise to file a divorce /RCR without any strong documentary evidence.
• Its like moving from Frying pan to Fire, so first you have to prepare your self mentally / socially / financially before moving to Fire.
• There is nothing called “contested divorce” for Indian husbands
• Filing Divorce / RCR is a waste of Time / Energy / Money
• Keep patience and wait for Mutual Divorce. Never ever open your intention, they will take un-due advantage.
• Always say if she can stay without you, you can also stay without her.
• If U have sufficient evidence / witness file Criminal Cases.

• IPC 498A (IPC 304B in case of Dowry Death), DP Act
• IPC 406
• IPC 323
• IPC 504
• IPC 506
• IPC 511
• IPC 307*
• CrPC 125
• PWDVA 2005
• IPC 376A, 376B, IPC 376C (Husband relative / friends)
• IPC 354 (Husband relatives / friends)

* Common in UP, Bihar, Rajasthan

• Women Cell / CAW is a place where mostly girls side demands will be forced on you to be accepted either by threat / creating fear / emotions.
• Never ever try to compromise with hope that case will get closed and your problem will be solved.
• Try to get complaint copy by application or RTI to avoid issues like change of matter afterwards.
• Never sign or write any thing without discussing. Never sign any blank paper.
• Keep CrPC41A ready with you, if a person is co-operating in investigations no need to arrest (Joginder Singh vs State of UP) – only if less than 7 years jail.
• If you feel any manipulation, write to higher authorities and apply in court for arrest stay / Anticipatory Bail / Interim Bail / Notice Bail on the fear of FIR.
• Keep asking their motive why false cases and always repeat that.
• Try to keep cool head and good relation with IO to get Bail.
• Just offer for a MCD and tell clearly if FIR got registered no MCD and you will fight case in court next 20 years to prove innocent or go to Jail.
• Keep finding their contradictions in statement. It will help in the case.

• As per DP 2 any list which is not signed by both parties, during marriage, is not valid, so such list should not be considered as Prima face evidence.
• As per LAW any valuable Items should not be in your custody, so refuse “No Item belonging to her is with me”. If any return via Police and Punchnama.
• Make list of her house hold items left at your place and tell them to take it back by giving receipt and keep that receipt with you, it will help in AB / Bail.
• If you return partial valuable items, still they will cry in court to dismiss your bail for more fake items, so better argue, let IO investigate and come to Trial if found guilty will accept the punishment, but invalid documents can’t used as Blackmailing and extortion tool in Bail or AB.
• Always remember in IPC 406, it is they who have to prove entrustment, asking back, denial and misappropriation. Remember bail is generally granted in 498A and rejected in 406. you have to show intention to return of Stridhan.
• Once they get the valuable Items, they demand for more fake items.
• Stridhan EXCLUDES gifts given to Groom and his Family Members.

• There is no LAW where it is mentioned that the Marriage expenses to be compensated by Husband Family if marriage breaks.
• Make a list of the expenses you have done.
• Make a list of the items you or your family members had given to them as customary Gifts.
• Never ever accept for Marriage expenses to be compensated.
• As per law she is eligible for maintenance, let her fight in court and let court decide the same, if she is unable to maintain herself. Obey those orders or file appeal in higher court. Till a stay is not granted or is set aside, old order remains in force.
• Always avoid to give bulk money as one time settlement, it encourages more such blackmailing extortion cases.

• Never give direct answer, just say that your first priority is to prove innocence because if second time she complains, not only you but your family will be convicted.
• As per SC, second time 498A, AB to be rejected on ground previously also have criminal case.
• Refer SC Judgments where person was convicted by trial court & High court in 304B and SC release them in 304B, but convicted in 498A as previous marriage same complaint was there or compromise deed was there.
• She has filed, so first she have to give statement the case is false / fabricated and she filed to harass you.
• Statement in court, not in police station. You can’t force her to give any statement to close the case, it will harm you in future.
• Always seek the child custody / visitation rights, if you are a father. It is child’s right to have access the parents.

When any mediator tries to force/coax you to take back your wife, clearly state:

1. “Sir, I have been termed as Criminal and my first priority is to prove my innocence, otherwise later if anything was to happen to my wife, court will term me guilty even if I have always been innocent” 
2. “Once I have proven my innocence and claimed for damages and defamation, I will definitely consider your suggestion.”
3. “Please allow me to prove my innocence in the court of LAW first.”

• The mediator’s argument will be “She will withdraw all cases, so what is your problem?”
• “Sir, she is the one who filed the cases, so it is up to her to decide what she wants to do with them. I can’t advice or force her to withdraw cases. If she withdraws the cases, I would like to review the order copy and will decide then what needs to be done. Will the order state that I was innocent in the first place and she filed false fabricated cases?”
• “Also, what is the guarantee that she will not file similar/same false cases in future?”
• “If tomorrow some thing was to happen to her, who will take responsibility for that? Even Supreme Court will label me guilty.”
• “If she really trusts me, let her first make a statement in court that all the cases she filed were false/fabricated with the intent to harass me and my family; and in future she will not try to misuse laws again.”
• “If in future she files any such false and fabricated cases, she will be liable to pay xxxx amount for the damages incurred on me.”
• There is a 99% chance that such a law abusing wife will never agree with your conditions. If at all She agree Now u have a Documentary Evidence to File Divorce, though it is still like moving form Frying pan to Fire, but You have some evidence at hand and Sc term the same Mental cruelty, filling False cases.

Refer Section 438 of the Code which reads as under:- 438. Direction for grant of bail to person apprehending arrest

(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely—
i. the nature and gravity of the accusation;
ii. the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
iii. the possibility of the applicant to flee from justice; and
iv. where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, HC / Session court either reject the application forthwith or issue an interim order for the grant of anticipatory bail: http://lawcommissionofindia.nic.in/reports/report243.pdf

• The Accused person Joined / cooperated in investigation and will do so in future also and to complete the investigations arrest is not necessary.
• Reputation is part and parcel of right to life: SC
• The liberty of a person was a precious fundamental right under Article 21 of the Constitution and should not be lightly transgressed.
• Best seek 10 to 15 days arrest stay to Join investigation if AB directly not possible.
• Then come back and say, I joined investigations / mediation and there is no need of arrest to complete the investigation.
  
  
• Q: On What ground the AB / Bail may be rejected?
• If IO/PP able to prove you are absconding, can tamper evidence, life threat to complainant / witness, recovery of items, or will flee away from country, chances of rejection of AB is high.
• If the Charges / allegations are serious in Nature like Murder / Rape / Drugs / Women suicide / Women Burnt / Hospitalized / Forced Abortion.
• Previous record of any Criminal cases or Jail (So second time 498A is more dangerous than first time)
• Normally, when the accused is “absconding” and declared as a “proclaimed offender” , there is no question of granting anticipatory bail.
• Against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail.
• First remove Section 82 PO on technical grounds or surrender in Court .
• Always insist this is family disputes and her real motive behind this is ….?

Notice of appearance before police officer –

• The police officer may, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41,issue a notice directing the person against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence to appear before him or at such other place as may be specified in the notice .
• Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
• Where such person complies and continues to comply with the notice , he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officers is of the opinion that he ought to be arrested.

Here such person, at any time ,fails to comply with the terms of the notice, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent Court.

Rajesh Sharma v State of UP Guidelines on IPC 498A

• Benefits of Judgement :
  1. If bail application is filed with one clear day notice to PP, the court has to decide the bail the
  same day. And bail cannot be denial just because of recovery of dowry items.
  2. Recovery of dowry/gift articles is not a consideration for bail/AB
  3. For NRI, impounding of passport or issuance of Red Corner Notice should not be a routine.
  4. An application can be filed to District Judge for clubbing of all connected cases in one court.- NOT CLEAR BUT SHOULD BE TRIED

PS: If there is any tangible physical injuries or death then these guidelines are not applicable.

Please note that this judgment was partly modified 1 year later by Hon’ble Supreme Court and FWC was dissolved though following of CrPC 41A and Bail Proceedings were not altered.

• RTI can be filed Online & Offline
• In central govt. organization (GOI) / Department, online RTI can be filed https://www.rtionline.gov.in/
• RTI can be filed to get many information from different department which can help you in your ongoing cases:

* Police (For complaint copy / transcript of 100 call details / tenant verification)
* Govt. Hospital (For procedure of MLC or any record from hospital)
* Private Institution (eg. Hospital, School, College under Directorate of Health & Education – This is defined in 2(f) of RTI Act 2005)
* Employee Provident Fund Department (For employment of person)
* Universities (For employment/educational details via Department of Higher Education, M/O HRD)
* Private School (For employment details via District Education Officer or Directorate of Education)
* Private Companies like Airport staffing Company etc. (For employment details via Ministry of Corporate Affairs under Registrar of Companies)
* Vehicle Information (For details of travel of vehicle can be filed under Ministry of Transport in NHAI or State Highway Authority)
* Sales Tax Department (For verification & authenticity of jewelry bills and other items)

• She will get maintenance under one only, but you will have to fight all of them
• Keep proofs of her Educational Qualifications, Job, FD, Valuable items, Property, Bank account, PPF, PF, ITR, PAN, Mobile Bill or any Purchase bills Etc
• Concentrate on “Unclean Hand” and abuse the Process of LAW, contradictory statements.
• Focus on your liabilities and responsibilities
• File written arguments, Use Citations
• Get rid of your assets in a planned manner
• Do NOT leave the Job or try to hide salary in court
• Increase your Income, not your salary
• Use CrPC 91, Evidence act 106 and CrPC 340.
• Make List of some Trust / School / Old age home / Child care / NGO / Company where she can work instead of sitting idle in home

Please file child custody case as early as possible, once you have granted bail in criminal case. Guardianship case should be filed under section 12 & 25 in Guardian and Ward Act 1890. 

Visitation order you may get in Section 12 of GWA or 26 of Hindu Marriage Act.

As per Hindu Minority and Guardianship Act 1956 in section 6, it is clearly mentioned that after 5 years of child (either male or female), father is the primary guardian and then mother is the secondary guardian.

Please note : No one can make accused of father for kidnapping of his own legitimate child. 

• Yes, She can claim the right to stay in that house.
• Let you buy or give her 1000 crores, you can’t ask a penny of that as per law.
• If IrBM is passed, she can keep her portion as well as demand minimum 50% of your portion also, means u loose 75% minimum.
• Maximum Chances court will order the full house in her name.
• Dispose off such property as early as possible is best or surrender the same to Bank for auction is best to minimize further loss.
• Consider the same as your dead investment.
• Some cases she may claim she paid you cash and you had paid the same on DD / Cheque.

Buying a Property in wife name or in Joint name without her contribution, is the biggest mistake a Man do in India.

• Yes, She can claim the right to stay in your house or you can offer alternate rented accommodation under PWDVA 2005.
• If you stay along with your parents in Joint family, she can ask the same under DV LAW under “shared household”
• If IrBM is passed, she can claim minimum 50% property which you already got or eligible to get in future. % will be decide by court.

• We don’t recommend to settle cases by paying money
• It has its own repercussions
• If no Criminal Cases have been filed and the demand is reasonable or only Civil cases are filed, u may think of it, but after file criminal case straightaway no for money based settlement.
• Let her Fight in court and get order for what she deserves. Obey the court order, no outside court blackmailing / extortion.

• We do NOT recommend to take such wives back. In fact we recommend to Boycott such families / girls.
• First ask to give in writing that the case was false / fabricated and in future she will not file any such cases to harass you or your family and demand some cost as full and final settlement and get it through court certified if possible (they will never do).
• If she do that, use it as a ground for divorce and file divorce case. There are various judgments that filling false cases is a strong ground for divorce.

• By suicide, the cases like 498A/DV do not get closed, your parents/relative have to continue to suffer as only 1 respondent / accused is dead. And she need not even wait for getting divorced.
• If you suicide, your wife will be termed as Widow and she will get all your movable / immovable assets by default as per SC Guidelines.
• She can even go for re-marry or Live-in to any guy and never agree to come to court for close the other cases on your parents/relative which are against State.
• When you suicide your parents/relative become weak and surrender to Legal Terrorism.
• Best solution, enjoy the life at best, travel new places, play sports and instead of suicide, be ready to go to Jail & start protest from there like hunger strike (India’s history).
• Never ever agree for Divorce as per their terms and fight case up to SC, if required, party in person. Start reading various SC Judgments, at least one every day.
• Be a Volunteer of SIF-JH and start meeting those who are suffering like you.
• Remember those good days before marriage and start living a married bachelor’s life.
• If you are under family pressure to settle, take some small rented room or paying guest, far from other family members and tell them you are enjoying the life.

• Cases WIN on ground contradictory statements, creating doubt against any allegations, abuse the process of LAW or for coming to court with unclean hands.
• Go through all FIR/ Complaint/ Charge sheet or any other cases documents , then note down the contradictory statements, hiding of Important Fact.
• On Facts of cases, prepare the questions for complainant and witness for Cross.
• Bring out the fact in court and also try to find reference Judgments of SC like your cases.
• Use of CrPC 340 should not be missed at any stage.
• 90% preparation should be from your side, as you know the fact better than your lawyers.
• Avoid any contradictory statements or allegations without evidence from your side.
• Highlight all the good things you have done for her, like purchase of any items / home / FD / education / photos of outings etc.
•  Identify the motive of her filling such cases, MOST IMPORTANT.

List of Cases Cited
All citations are listed here in reverse chronological order i.e. with most recent first.

Supreme Court Judgments

• Rajesh Sharma v. State of Uttar Pradesh – SLP (Crl.) No. 2013 of 2017
• Arnesh Kumar v. State of Bihar – 2014 (8) SCC 273
• Preeti Gupta v. State of Jharkhand – AIR 2010 SC 3363
• Ramgopal v. State of Madhya Pradesh – 2010 (7) SCALE 711
• Bhura Ram v. State of Rajasthan – AIR 2008 SC 2666
• Manish Ratan v. State of Madhya Pradesh – 2007 (1) SCC 262
• Sushil Kr Sharma v. Union of India – AIR 2005 SC 3100
• Ramesh v. State of Tamilnadu – AIR 2005 SC 1989
• Y Abraham Ajith v. Inspector of Police, Chennai – AIR 2004 SC 4286
• B S Joshi v. State of Haryana – AIR 2003 SC 1386

List of Cases Cited
All citations are listed here in reverse chronological order i.e. with most recent first.

High Court(s) decisions

• Chander Bhan v. State (of Delhi) – II (2008) DMC 359 Delhi
• Narender Kumar and anr. v. State (Govt of NCT of Delhi) – I (2008) DLT 337
• Smt. Neera Singh v. The State (Govt of NCT of Delhi) – I (2007) DMC 545 Delhi
• Pandurang Katti v. State of Karnataka and Smt. Trupti – MANU / KA / 0381 / 2005
• Dharm Raj Yadav v. State of U.P. (WP 528 of 2005 – Allahabad H.C. dtd 10-01-2006)
• Savitri Devi v. Ramesh Chand – 2003 Cri.L.J. 2759 Delhi
• Birendra Jha v. State of Jharkhand – I (2002) DMC 393 Jharkhand

Establish real Motive of such cases filed, with evidence / witness / Cross:

• Demand for buying an expensive House/Diamonds/valuable in wife’s name.
• Wife wants Husband should cut off all relations / support to his parents / brothers / sisters, even not allowing to speak to them or visit them.
• Disputes of Property / Business with In-laws going on.
• Wife demanding money for her family business or for her brother / sister / parents.
• Wants to stay near by her parents home.
• Working in other city / town than husband’s work city.
• Marriage had been forced by girls parents.
• Have some medical problem or had hidden some material (for marriage) fact
• Blackmailing and extortion along with Easy divorce with child custody.
• Cheating, adultery or the Child born is not of the husband
• Husband lost his Job or became ill and can’t afford her lavish life style
• Refusal to have physical relation – Non-consummation of marriage.
• Elder abuse and treats in-laws as maids.
• Husband filed Divorce or any Criminal cases against wife or her family members.

• Maximum Cases get spoiled for non attendance in court dates by accused.
• As per Criminal Justice System, the accused should be present on court dates, if not, Judge can issue warrant for avoiding the court order.
• If you are not able to attend the Court dates, your Lawyer must file Exemption application for the date.
• In some cases like age old parents, sisters, NRI, you may seek for permanent exemption u/s 205, except for some important dates when court calls.
• So bottom Line is, either attend or File Exemption application, do not leave it to lawyers in Criminal cases.
• In any condition, more than 3 dates continuous exemption not advisable especially for the main accused.
• In Civil cases like Divorce/RCR as well as maintenance cases like HMA 24, CrPC125, your lawyer can represent except for some important dates like evidence / cross / final arguments. But it is better to be present yourself to understand what is going on, 90% times you will get just a next date only.

• Hire a lawyer in HC/SC (or go Party in Person) and file a reply. Highlight stage of cases and if she is already fighting the case in same court or her case is going on in same court.
• You may ask for mediation and then drag them at least 10 dates before transfer the Case.
• Ask for a time bound disposal of case.
• Defend it, but don’t expect anything
• Try to Highlight if any fact they had hidden in their application (Ground – coming to Court with Unclean hands and abuse the process of LAW – the best defense and file CrPC 340).

• Priorities: Victims can travel 2000 kms for their case, but don’t travel 20 kms for cause.
• Men don’t support men
• Lack of Vision: Focus on Cases (not Law) or Cause.
• Men Don’t Spend time/bandwidth in fighting the “Laws”
• Men are too Shy
• Common People think chances of Divorce or such cases in their Marriage is 0% in their Life time, like you used to think.
• Men are so loaded with responsibilities that they become activists in court rooms but once out of court date, they are EMI paying, Feeding hand of the families.

• What does Passport Act Say:
  6. Refusal of passports, travel documents. etc.
  (2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: –
  (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

• What happened in 1993?

In 1993, Ministry of External Affairs, vide G.S.R. 570(E) notification in Gazette of India, said, “hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of subsection (2) of section 6 of the said Act, subject to following conditions, namely”

This is what needs to be done:
– File an application in your Trial Court (where 498A or other criminal case is running) requesting NOC (No Objection) from the Court.
– File your application with affidavit including the reason you need it along with NOC process required by Passport Authority (Passport Application form has the same mentioned in it).
– Don’t assume that court would know the Passport process. Detail it as much as you can including that citizens get 10 years passport & that passport itself is not a guarantee to travel outside India and that it is pre-requisite to apply for visa (there are few countries where Indians have Visa on Arrival too).
– There is no standard format for NOC. Court’s order itself is NOC.
– Generally, Court may ask for State AND/OR other party to respond to your application.
– Argue well on how is not having passport effecting your job and your liberty.
– Use judgments of Maneka Gandhi vs. Union of India & even Amar Singh’s / Sanjay Dutt’s case of abroad travel during pendency of Criminals cases (all are Supreme Court cases) as citations.
– If required, please argue yourself for this as you can do better job than your lawyer on this.