I have been perplexed at the frequent arrival at this site by women (it can’t be men) after googling about IPC 498a and maintenance, yes, both those keywords together. One of these past days, I found so many of these searched keywords that I just had to save the screenshot that day which is given below.
Above screenshot shows various google searched keywords by women who land up on my perennially popular post advising women on 498a, DV cases, maintenance, divorce etc. In above pic, have marked with numbers the various searched keywords about 498a, maintenance, DV, and their combos.
First of all, a big thank you to all women coming to my website for getting some real education on 498a, DV, maintenance etc for women! That post is meant for your education, and even if I have failed in the attempt to convince many of you, it doesn’t matter. You may hate my guts and call me a misogynistic a$$hole and that’s ok, it comes with the territory 
To give an analogy, when you were a student, even if you didn’t like to sit in your maths class, I am sure that ability to do basic arithmetic has been a great help to you in tracking your salary and expenses; so there should be no good reason to hate your maths teacher. What? You don’t work? … Well, here’s one more unsolicited advice. Stop dreaming about getting rich on maintenance and alimony from husband and take up some work. According to highly scientific studies conducted by Men Rights India, women who are married or who work themselves are more well-off than those who mainly survive on pension called maintenance from husband. Those cases of women becoming rich overnight after divorces happen to a few women married to movie stars or celebrities. You and I need to work to earn a decent living. Besides, being rich is not everything, dignity counts for something in life.
Coming back to our google keywords, see the keywords marked 4 and 5 above, which clearly are by some women who believe that IPC 498a is a way to get maintenance from husband! Well it is not a direct way at least, unless you believe that to get the most juice (money) out of husband, you need to squeeze him in the 498a machine like one crushes sugarcane to get its juice out.
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Above pic: Women with plan to crush juice out of husband! … Don’t be that woman!
So after having given unsolicited advice, let me come to the main point of this post which is to make you lose your illusions about 498a and maintenance.
Q1: How much maintenance allotted to woman under 498a?
IPC 498a is section 498a of Indian Penal Code (IPC) dealing with cruelty to wives by husband or relatives. The kind of cruelty should be of such nature that it would drive a woman to suicide. It DOES NOT say anything about maintenance of wives by husbands. Criminal law is NOT meant to give compensation or ongoing payments to victim(s), that would be illegal under Indian law because it would be in the nature of blood money. So if you want to file 498a and expect to get Rs 50,000 per month for the rest of life from husband, forget it!
See that woman in the picture operating the sugarcane juicer. Well, I bet she will earn lot more running a business of sugarcane juice over the long term, rather than trying to crush husband in that machine using 498a.
But my lawyer said: “498a will bring your husband to his senses!”
I bet your husband has got his senses back after you filed 498a on him! After filing 498a on him, whatever illusions he had (or his parents) about being able to settle with you will evaporate quicker than you can say the word evaporate. So your lawyer is right; your husband is getting back his senses all right, and hopefully he is working in a team with other men’s rights activists (MRAs) who are fighting back, are collectively stronger and smarter than you, your relatives, and that 3rd rate lawyer you seem to rely upon so much.
Q2: How many years the maintenance case runs under 498a?
As I answered above, a maintenance case does not and cannot run as part of 498a, so go ahead and file a maintenance case separately if that’s what you want; at least the advocates of both parties will be richer after that.
But coming back to bigger question: how many years do you have in your life, or youth? Because even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway. A maintenance case will test your patience for several years and even if you get an interim order and some maintenance under that, a married housewife will be able to have higher financial status compared to gold diggers like you based on the kind of maintenance awarded in courts. So unless your husband happens to be Adnan Sami, living in relative poverty compared to the married sisterhood is the future I can see. Even a Prince Tully is not ready to oblige an attacking Yukta Mookhey. So even high status men are no longer embarrassed to face a case from wife and are ready to hit back. But as they say, I am just the bearer of bad news — don’t shoot the messenger!
I know a woman who got xx lakh, OR this another woman got 1 property from husband after filing 498a
And I know plenty of men fighting their cases without missing a heartbeat or a night’s sleep and their wives are not getting any maintenance OR a basic sum like x,000 kind of amount per month which can get you by on house rent, food, and some basic expenses. No foreign holidays, fancy car, 3-bedroom house with EMIs paid by husband for you, unfortunately!
The whole thing boils down to statistics, for every 1 such woman who got rich, there are 50 others with nothing to ‘show’ except meagre maintenance and a confirmed divorcee status on the way, and as the years are passing by, the biological clock is ticking and future becoming bleaker by the day. Do you really think the next husband will not ask about your past 498a case, and you can use that abla-naari card and portray yourselves as innocent divorcee successfully all the time and net that second rich husband too so easily? Hey, if every divorced woman in the market for second marriage is an innocent divorcee, then who exactly is the at-fault divorcee? That trick could work only so long when most of society continued to believe that men are the perpetrators and women the innocent, but as times change, people’s perceptions are changing quickly too. No one is prepared to accept a so called innocent-divorcee-woman at face value. Be prepared to disclose what and how many cases you had filed on ex-husband to ‘procure’ that divorce. Day by day people are becoming suspicious of divorcee women with short marriages, and that trend is not slowing down since the sisterhood of 498a/false DV/false rape is not stopping either in filing false cases!
Besides, what is the guarantee that even if you get some lump sum windfall out of your wrecking ball 498a/divorce, all that windfall is going to YOUR bank account, and not your mother, father, or other relatives? After all, everyone would want to have their own share of the loot, and once the spoils are distributed, there may not be much left to sustain you for more than a few years. And that second husband may not be seen appearing at the end of this looooooong, dark tunnel.
Don’t be that woman.
Hi Sir, being one of those victims of 498a and DVC , seeking your guidance.
My wife filed a 498a case on my family and the police even without any basic interrogation filed a chargesheet in the court. Also she filed a DVC on my family and friends.
While I am ready to fight this FALSE case, need to know how can I keep my family and friends away from attending the court hearings and save them from these 2 cases.
Thanks
DV case: Husband is main respondent. Other respondents are normally not required to be present in DV case court hearings as long as husband/his lawyer are appearing.
498A Case: Usually accused need to be present – esp accused no 1 husband. Personal exemption for other accused can be asked on valid grounds including far off distance (use search bar for similar SC judgment already covered on this site of Arnesh Kumar regarding exemption from appearance)
Hi Sir, Recently received summons of 498a case. My lawyer saying next they will file a maintenance case will demand 30% of your salary or at least 10k per month & you have to pay until case ends it might be 5 or 8 years…Please let me know how to get rid of maintenance…..I ready to give money to charitable trust but not to false beggars.my wife main intention is get maintenance charges …Thank you
>>my wife main intention is get maintenance charges
Tell me something I don’t know.
Your lawyer is the usual settlement-lawyer. Not only he has no courage or confidence in his legal knowledge, he is more like an astrologer who is able to predict the future as to what case your wife will file next and how much she will ask in that! Or maybe he wants to be the director script-writer of this movie where he will decide what the script will be and the actors will have to play the part as per his script! Better not to share all information with him unless needed.
Many people have fought and got 0 or low interim maintenance. Read the site and join the groups to discuss.
#Marriagetrap : I got married in 2018 since second day of marriage, my wife is indulging with other boys on chats and calls,and adultery.
In a audio recording she speaking “I will have affairs with boys even physical relation and bla bla”. She did not stopped after telling many times. She is also very mentally aggressive, She has slapped me many times. When i told her parents, they started torturing and harassing me For “To register false Dowry case” against my family and started blackmailing me and demanding 50 lakhs rupees, Her mother has taken away my all Gold jewellary , which i gave to my wife in marry, My wife is forcefully working in night call centre in delhi and keeping extramarital relations. since April, Due to stress i diagnosed with Ulcerative Colitis disease. I am only earning source of my family, and also we have rented house. Wife family is affluent ,Her both parents are working in PSU bank. She is living separate from my family since Jan 2019, My health condition is not good, due to stress from harassment which i am tolerating from marriage. Wife mother is threatening us to give 50 lakhs rupees, Sir, i don’t have this huge amount of money, I have gone to police but getting no help from them. If they register false cases ,my career will be ruined, as i am preparing for UPSC exam, And even her mother is not returning our Gold jewelary .Due to mental harassment ,I am totally lost , i request you to please give me suggestions.
Present Situation : they are not filing any case against me, not responding to my calls ,,,became silent as i proved her adultery things in front of her relatives (i know its bad but they were not ready to agree that their daughter is adulterous)
#
I have complaint against them in NHRC, PMO, Women commission etc . but i know nothing will happen, as i now understood these women are bloddy bastards , greedy for just money , Apne husband se paise loot kar lover ke sath jana fashion bna liya inhone
>>became silent as i proved her adultery things in front of her relatives (i know its bad but they were not ready to agree that their daughter is adulterous)
The strongest piece of evidence but you are more concerned about easy and peaceful exit.
>>And even her mother is not returning our Gold jewelary
Try to learn the ABC of law of stridhan.
>>Her both parents are working in PSU bank
That is the golden piece of info if only you learn how to use it as leverage. I can’t give it in one line so join group if you are interested to learn how to fight strongly, rather than just complaining.
>>I have complaint against them in NHRC, PMO, Women commission etc
Where is human rights violation? PMO and Women commission not applicable anyway.
Hi
My wife named my parents in maintenance case as respondent 2 and 3
Now another petition filed to attach my father’s retirement benefits.
Added to that court already attached my apartment to the case.
Please advice how to respond on this?
Is it really possible to attach my father’s retirement benefits?
You didn’t mention which law? Under DV Act, parents are routinely made respondents however the maintenance liability is on respondent no. 1 viz. husband.
About Apartment attachment, I have heard it happens in Kerala. Maybe it has become a legal tradition there to ask for such reliefs.
Father’s income/pension can’t be attached, however don’t just keep watching the cases like a spectator from far away. You have to fight properly and vigorously.
Hi Bro, my salary is 85k having HL of 22k, PL of 42K. And Credit card bills of 10K. And My wifes Mom In PS asked that she require a maintenance amount of 20k per month as my daughter wife is spoiled. And she want to go for a long term case rather than divorce which she used to get in 6 months.
Please clarify. Seen your replies thanks for your assistance its like a God replies. Long Live..!!
6 months divorce is only for those who don’t do it amicably.
Whoever is in more hurry will have to settle. Usually the women party have lot more patience since they pursue it with patience and diligence like men pursue a career. If you fight properly, even then min 2 years time needed to let them realize things won’t be easy.
Awesome Bro….!! Your words are like Bramhaastra…!!
My wife and her mother planned accordingly to get the money from me and filed a case 498a with many false allegation saying given dowry of 12 lakhs and gold.They are strongly sitting on case and demanding maintenance charges in front of police. They are doing crocodile tears in order to get the sympathy from police. In my lifetime i never seen Police station. But due to wrong people in life, i am on roads.
Kindly let me know how to proceed further on this.
Firstly, drop the idea that being inside a police station is for crooks and criminals. Most of the middle class votes for people who are not afraid to go to PS, but the middle class is afraid/ashamed to go to PS!
Ashamed -> Hesitant -> ‘Shameless’ -> Proud – should be the trajectory
Coming to specifics, who says police has any power to help them get maintenance. Let them come to court. Read CrPC 41, CrPC 160, basics of police procedures, no need to go running to PS simply because they make a phone call. They have to send a written notice as per CrPC 41 etc. Mostly in such cases, the FIR gets filed ultimately so if that is going to happen, get prepared for handling the cases.
If they are demanding maintenance in front of police, they may as well end up filing a DV case instead of 498A. PS is not like someone’s living room for negotiations between parties!
My wife and myself living separately since 2011, after her father threatened me, and my wife decided to stay with her parents. She filed a false 498a and DV against me and 5 other family members in July 2014. As I am living abroad, all of my family members got bail in August 2014. No one was arrested. Same year, 2014, she also filed another maintenance case in another court asking me Rs. 1.25 lakhs/month. As I have a daughter, I am willing to support my daughter. However, my wife unable to prove her false 498a case until now and maintenance case is still pending. Since 2011, she suffered me and my family members with extreme cruelty, and act like nothing happened. Now, her family approached through mediators demanding hefty lump sum money for my wife, and Rs. 50,000 per month as school expense for my 10 year old daughter to study in a small city. Both of 498a, and maintenance cases are still pending in court. My salary falls so below, and I am working on non-permanent basis as a contract worker. I am not in a position to pay such money and I am not willing to agree both. Moreover, I have not filed for any divorce from her. But I am willing to support them, with justifiable amount. Please advise on the maintenance to my wife, and daughter’s monthly expense. Thanking you.
Even if I or anyone could advise on some justifiable maintenance amount, if the wife doesn’t agree what can you do? When things go legal, it’s better to fight legally with lot of patience. For child, you can continue to pay some reasonable amount every month. If wife is not working (as most of them are) then paying child will make you accountable for paying to wife also, so it’s probably better to do it via court.
NRI should be doubly careful, judges can usually convert USD into rupees without applying logic that the expenses of maintenance are being incurred in rupees, not in USD!
My alleged me that I demanded dowry, although she got the utmost love and care by me. But she continued to stay at her father’s home. When after our daughter birth I wanted her to stay with me she did so. My whole family got bail from civil court but I moved to high court and there a lot of effort was given by court to restore my family life, instead of this that my wife always demanded my arrest. Court granted bail because that’s found charges as common and no sign of physical torture was visible. I in now also trouble because the judgement says that I need to pay 1600000 rupees for bail as it was stated in their FIR and my lawyer who was focusing my bail only accepted to pay so. Today I my not in such status, whether without completion of trial it can be so that VICTIM COMPENSATION be paid.
You made choice to pay to get bail, whereas there is no need to accept such condition. I would gladly offer to forego bail rather than pay 16 lakh. All that is drama to scare husbands so the divorce/498A/406/DV industry can go on.
It’s not clear whether you are claiming yourself to be the victim (of false case) and therefore asking for victim compensation. To my knowledge, I haven’t heard any victim of false case being compensated, except for fine amounts ordered in defamation cases, and in below judgment about unjustified arrest.
http://www.livelaw.in/sc-directs-mp-government-pay-five-lakh-two-women-illegally-arrested/
By paying 16 lakh the system will not now let yourself claim yourself as victim!
Hello! Im not commenting on your being men favoured when men are right but im in trouble and my man isnt right so please help me. My husband & I had a love marriage but my inlaws where never happy about it. My husband has sexual problems. And I tried to get him to a doctor but my inlaws stepped in between embedding in his mind that he was fine and he shouldn’t see any doctor. In a span of 4 months we had sex only 2-3 times a month. My husband is angry and suspicious natured. He didnt want me to go out of house didnt like me talking to my friends and would link my name with a grocer as well. I had freaked out really we would have fights and i would cry when he would link my name and he would say sorry and i forgot everything but this kept repeating. I felt very sick and had to be brought down to a city for we stayed in a remote location. He left me with my parents lying he had lots of work. My inlaws promised my parents that they would take me after my treatment was over which was of duration 7 months, as per doctor then when we showed doctor. Noone came even to see me all they said they would come when i will be perfectly fine. We had fights and had rare communication due to all this row. Now my inlaws filed a complaint in police that i was not coming to their place after 5 months of separation and after 7 months of our separation they filed judicial separation case and injunction case that too right after i told him over phone im coming to stay with him. My treatment is still continuing but i couldnt live without my husband hence i went to stay with him as i was suspecting something was cooking also but my father in law drove me out around 11.30 pm stating he would call police if i stayed and they have filed a case. I came back. I tried to talk to him called and called him day and night texted him day and night but no response. Then i find out he has put false allegations against me like i used to hit him and i have tried to harm him his parents. I deserted him and so on. We had given my husband and inlaws items of 5 times higher value than what i saw mentioned in the police complaint many things not even mentioned. I have been told by lawyer if i do not file a dowry case it will be difficult to regain items as my inlaws have planned everything which is true. As also they were wanting more items. My illness is severe during initial 3 to 4 months of treatment but after it i could have gone back but i got fooled and i stayed at my parents as they said after my treatment they would take me. I even stayed as parents had decided they would talk regarding our fights after i got well and also get my husband to go to doctor. i have certain sms as proofs of my innocence. What do i do! Help!
It’s very difficult to advice on personal matters and decisions… but in general don’t try criminal and DV charges if your real intention is to live with husband. it’s very difficult to get judicial separation or divorce anyway.
Thanks for ur reply.. Im not very keen on criminal proceedings.. Is there any way by which i can proceed through civil court and get my stridhan back..Any alternatives if available i can proceed through kindly let me know.. Thank U..
just ask them first… I doubt civil court can apply since it’s not about contract law etc.
Well i found out that you can file a civil case after all today itself and will do the same.. I dont want to undergo hastlement of criminal proceedings.. Thank U.. And one thing please dont support men who are wrong and yet act as if they are right.. It’s a very big thing for a woman to allow a man to be her everything and devote herself physically mentally and spiritually. This one thing men dont understand and then these women are being left by them in a clever way.. I hope women you get justice in the right way.. Humans made courts but there is a court of god remember.. God sees..
I love your blog, it is very helpful. i started looking things on internet after my wife filed false dowry and maintenance case against me, then i came across of this site and it gave me strength to fight the case on merit. now i am prepared to give her taste of her own pill, i will fight the case on merits and never will bring her back in my house.
I love your posts, they are a real hope in such times when husbands are left with no clue on what to do.
Hi !! My in laws have threatened me multiple times to file a dowry cases and make my family suffer in court and harrass us . This was about 5 months ago I had filed a written complaint them in my zonal Police station stating the same. Will this help me in getting some relieve as now they have sent me a notice from Womens Cell.
Women’s cell is basically a husband-pressuring cell… if you filed complaint and got copy, well and good. Whether you get relief from CAW is unpredictable and not very productive to hang our hopes on that. Better to be prepared for FIR etc
Good job by you people . I am a victim of this case.
Hi , it’s nice to see lots of men have taken a stand to fight against 498a but what next , it’s still happening , why can’t we involve media to bring this issue some more attention , i still see politicians and media only talking about women plight , why no change is happening
Media coverage keeps happening, it is just that there is lot more coverage on gang rapes and such women oppression stories, than men’s suicides which are 3-4 times higher. The reason is said to be social/human phenomenon called male disposability.
Change at political level is very slow, because even though more than 1 lakh cases are filed in India every year in 498a, many other DV cases; but when we do dharna the number of people doesn’t cross 100-150. In some places only 30-50 people.
Also I think most men have a hidden fear that a public protest will offend the womanhood/motherhood/sisterhood and what not else! So people are happy to get out of individual cases and then they want to think of second marriage 🙂