LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S.JEEVAGAN, Madurai. (Advocate, High court )     07 June 2019

498-a complaint can be filed even by father of the woman....

 Complaint Need Not Be Filed By The Woman Subjected To Cruelty Herself: 

In the case of "Rashmi Chopra vs. State of UP"  the bench of the hon'ble Supreme court  of India comprising Justice Ashok Bhushan and Justice KM Joseph was considering the submission that since complaint is not made by the woman, but filed by her father, it is not maintainable. Rejecting this contention, it held that the Section 498A of the Indian Penal Code does not contemplate that complaint for offence under Section 498A should be filed only by women, who is subjected to cruelty by husband or his relative.There is nothing in Section 498A, which may indicate that when a woman is subjected to cruelty, a complaint has to be filed necessarily by the women so subjected, it said.

If anyone wants to have further clarification on this point, kindly feel free to call me up on +91 9842197857.



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register