I am sure you must have had a look at few of our previous articles where we wrote about judgement on denying maintenance to wife and then we wrote on what happens to wife after filing 498a case. Now today we would be writing about How to SafeGuard Yourself Before You Fear 498a Case from your wife. There are few things which you may do before false 498a case and this will help you in future a lot. First of all lets assume that your wife has left you and you fear 498a is coming your way for sure then follow these steps.
How to SafeGuard Yourself Before You Fear 498a Case
File NCR in a local police station: This helps a lot as any police station can take NCR and it is not FIR where they need to do any kinda investigation. This helps in future when 498a is filed.
File informatory petition in court: In India it is tough to file a case against your wife hence you may file informatory petition in court in front of judge and this helps a lot in future.
No need to apply for bail in advance: You would not need to take any bail until and unless case is filed. In some states like Uttar Pradesh there is no provision of anticipatory bail and you may take stay on arrest only after case is filed.
Always make sure to get a letter from dowry office after marriage: It will be always good to go for simple and economical marriage and preferably the civil marriage or court marriage under the Special Marriage Act,1954 before the Marriage Officer who is supposed to be High government official of the district where the parties reside.
There is an affidavit given by both parties at the time of marriage wherein both parties declare their age, marital status, status with regard to the prohibited relationship between them and their fit mental status, in addition to these facts there can be an additional point that no dowry is being given or taken in consideration of the marriage by either of the parties.
As these affidavits are individually given by both parties to Marriage Officer will be documentary proof with government authorities that marriage was dowry free that the husband can use for his defense in case false criminal complaint is lodged by the wife for dowry demand and taking of dowry by the husband at the time of marriage. This prevents charges made under section 498A IPC as well Dowry Prohibition Act.
these steps would save you after 498a is filed and would help you a lot in future.