Friday, 23 August 2013

498a dowry law case Yukta's husband seeks time



Prince Tuli, the estranged husband of former Miss World Yukta Mookhey, today sought more time to file reply to her petition challenging the interim protection from arrest granted to him by the lower court.



Yukta last month filed a police case against her husband, parents-in-law and sisters-in-law under sections 498A (cruelty) and 406 (criminal breach of trust) of Indian Penal Code. She also accused her husband of offence under section 377 (unnatural sex).

Following this, Prince, his father Bacchiter Singh, mother Harinder Kaur Tuli and sisters Manmeet Kaur and Chandan Kaur approached the sessions court seeking anticipatory bail.

The sessions court, while posting the hearing for a later date, granted them interim relief from arrest till August 31. Yukta has challenged this before the High Court.

Justice R P Sondurbaldota had on August 19 issued notice to Prince and scheduled a hearing today. His lawyer however, sought time to file an affidavit in reply.

The judge then adjourned the hearing to August 28.

In 2008, Yukta married Prince, a Nagpur-based businessman. She and her 3-year-old son have been staying with her parents for the last one year after she fell out with the husband and the in-laws.
 

What is 498a?

Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action. 
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865

Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807

St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114

Contact Information

Phone: (855)-WHY-498A
Fax: (714)-637-1713
Email: info@498alawyer.com
Web: www.498alawyer.com
 

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