Legal Question in Family Law in India

A 498A case does not happen overnight, signs begin to occur much before the FIR is filed. If you are being threatened with a 498A, here are a few things you can do:

� Begin to document daily events as away to gather evidence, in the form of letters, photos, and witnesses, to prepare for the defense.

� Contact senior police officers such as the SP/ DIG / IG / DGP and give them in writing that you fear that a 498A will be filed against you. Make sure that you keep copies of the letters and also ensure that they have been stamped. These contacts can save you from arbitrary arrest especially when you show the letters written

to senior officers to the officers in the police station for they will realize that the matter will go to the higher ups.

� Apply for anticipatory bail. Get it for all members of your family. Though it may cost you upfront, this cost is trifling when compared to the amount you may need to spend in the event of an arrest.

� This is a criminal case; get a criminal lawyer with a good reputation, not a divorce lawyer. Integrity of the lawyer is of paramount importance. Some lawyers have been selling out their clients in 498A cases.

� Talk to people. Call SIF volunteers. Get on the Internet and research.

� Have cash handy on you at all times. Rs 50,000.00 should be a minimum.

� If you don�t get anticipatory bail, move fast and get 3 applications ready for regular bail, one for the lower court, district court and the High Court of your state. This will be your plan B. Plan B needs to be activated in the event of an arrest and bail being denied by the lower courts.

� It is very important that you talk to people who have been through this so that you don�t repeat the mistakes made by others.

� Mental Preparation. You need to start treating your spouse like a formidable adversary. Any weakness on your side in dealing with your spouse with softness will cost you. Don�t feel responsible for her. This is a necessary ingredient if you want to succeed in this fight. The moment she files a 498A against you, the balance of power

shifts decisively in her favor. She is no longer a �weak� woman, an �Abala Nari�, but an avenging angel who has various corrupt branches of the government working on her side, all wanting to extort their pound of flesh from you.

Getting an anticipatory bail should be a priority. This is your first and last line of defense if you want to avoid being jailed. If you are out on AB, you�ve pretty much won the case as you�ve avoided the terror that the other side would�ve unleashed on you, by using the muscle of the Indian criminal justice system.

You can fight a 498A effectively, if you are informed about basic terms, your basic rights and what awaits you once you get entangled in the case.

All you have to do immediately is to find an Advocate near your friend.

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