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(Guest)

Are these allegations amounts to valid 498a case

Hello Learned Members,

 

I have a query on 498A case. Following are elements in the complaint. Does this amounts to valid 498A case at the first place ?

 

  • Instigation
  • Taunting
  • Trying for abortion
  • Gender identification (of unborn baby)
  • Beating

 

Please let us know your view on this.

 

Thank you.



Learning

 15 Replies

Ratnesh kumar (Advocate)     30 December 2011

no this is not point for 498(A)

these are point of cruelity, but 498(a) says that cruelity should be done for the purpose of any dmand , but only cruelity is not fit for 498(A)

1 Like

Sudhir Kumar, Advocate (Advocate)     30 December 2011

not for 498a but for DV Act only

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     31 December 2011

Laws are gender biased and  even two sufferes can not unite to make a united stand against it.

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 December 2011

If they are coupled with demand of dowry, yes 498a is made out.

 

Otherwise it can be quashed.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

(Guest)

Hello All,

 

There is not a single word written for Dowry related things in FIR. Its just

  • Slapping
  • Mental harassment
  • Taunting
  • Verbal abuse
  • Gender Identification of unborn baby

 

Does these all allegations stands for valid 498a Case ? Is this case fit for quash ?

 

Experts Please help.

Ratnesh kumar (Advocate)     05 January 2012

no it is not a fit case for 498(A) it will be quahed

1 Like

Pavitra Prabhakar (MBA)     14 January 2012

WIFE STATING THAT HUSBAND AND FAMILY ARE DEMANDING HER SALARY , IS THIS COMES UNDER DOWRY DEMAND ?

cm jain sir (ccc)     15 January 2012

I think before chrgesheet is sent to court u shud file for quash otherwise io can manipulate and add some masala to suit it like dowry demand as < The victim> asked in que in above post.

Sudhir Kumar, Advocate (Advocate)     15 January 2012

Somene asked what about taking salary of wife.  Now a days there is a new method of harassing so called selef dependent women. Their husband and in-laws snatch the entire salary and do not at times give her even enough to meet social obligations in work place. At times it is seen that she is jsut given bus fair and money worth cup of tea. In this regard I wish to reproduce definition of dowry :-

2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-

 

 

(a) by one party to a marriage to the other party to the marriage; or

(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;

at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

 

***

Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

Demanding salary is not demand of dowry

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate)     19 January 2012

What happens if she declines to give salary. Won't she be thrown out? then is it not a consideration for retaining her in maritl home? There are thousands of such cases.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 January 2012

It maybe a crime under other heads but not under 498a.

 

498a can be quashed.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

Cruelty by itself attracts S.498A - There need not be any demand as stated in few of the responses.

Please read Exhplanation "A"

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 January 2012

No cruelty should be of some gravity to attract 498a.

 

Study the law properly.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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