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amitdhiman   30 October 2024

Section 498a in the indian penal code, 1860

My neighbor Priyanshi has been married to Rajiv for the past 10 months. From the date of the marriage itself, Rajiv’s family started demanding additional money, jewelry, and home appliances from Priyanshi’s family. The reasons they gave were insufficient dowry, financial needs, or social obligation, saying that dowry is a tradition. Priyanshi’s family is already burdened by the expenses of the dowry, which was initially given. Now, they are facing so much pressure with the new demands as they have constantly been harassed by the family of Rajiv saying that they will file a divorce petition with false allegations of mental cruelty. What legal protection against all this Priyanshi’s family is having? Can Rajiv file for a divorce petition with such false allegations? Are there any specific provisions regarding this exploitation?



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 3 Replies

Pankhuri Rastogi   30 October 2024

I have gone through your query and I understand your concern towards your neighbor. Here, I would like to give you a bit of advice that might help her out.
Firstly, I would like to let you know that harassment in any form or nature, is a criminal offense and punishable under the Indian Penal Code (IPC). Here in the case of Priyanshi, she is suffering from dowry harassment which is mentioned under Section 498A of the IPC, which protects married women from the cruelty of the husband or his relatives. 
The demands of dowry by Rajiv are explicitly a criminal act as per the provisions of the Dowry Prohibition Act, of 1961. As Rajiv’s family has already taken a large amount of dowry, they are already on the wrong point and Priya’s family can file a complaint against this act. 
These types of demands from Rajiv’s family constitute severe mental cruelty and dowry harassment obviously, and both are punishable under the law. Section 498A of the IPC provides the right to Priya and her family to file a complaint against Rajiv and his family which will subsequently result in imprisonment for up to three years, a fine, or both. 
Let's come to the next point, which is divorce with false allegations. Rajiv can not legally file a divorce petition with false allegations of mental cruelty. Section 13(1)(i-a) of the Hindu Marriage Act, 1955 requires substantial proof that cruelty has been done. And this burden lies on the shoulders of the petitioner himself. 
But, in this case, if he files such a petition then Priyanshi can contest the same and state the facts regarding the dowry demands and intentions to coerce her and her family. Here false allegation will surely backfire on Rajiv and the petition will be denied along with punishments for dowry demands and mental harassment which he has done with Priya and her family. 
I would like to suggest that Priyanshi should file a complaint against all this under section 498A of the IPC and the Dowry Protection Act, as this will surely lead to the Prosecution of Rajiv and his family. As in the case of K. Srinivas Rao v. D.A. Deepa (2013), the Supreme Court stated that false allegations causing harm to the reputation and mental health of the spouse are considered mental cruelty and can be used as legal repercussions against the accuser. 

P. Venu (Advocate)     30 October 2024

Is this a moot court question?

T. Kalaiselvan, Advocate (Advocate)     30 October 2024

Yes this appears to be a moot court question.

In the present scenario,most of the people, including illeterates are aware of the law and know what to do in the given circumstances, hence if it is a real issue you can inform your friend or take her to the nearest police station with a complaint on the subject matter you have narrated here, seeking legal action, protection and remedy


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