498a victim (Manager) 03 February 2016

Clarification regarding 498a charges

dear experts,

I am facing trial u/s 498a only .Charges have been framed by court u's 498a only. But the complaint of wife contains all types of charges which may come under so many sections. The trial is at evidence stage.

I want to clarify that when the charges have been framed u/s 498a only,should my advocate concentrate only for the charges which fall under this catagory in cross-exam.and in arguments or he should touch all the other rubbish charges which have not been considered by the court also.

Further, would the judge also concentrate on 498a charges only in the case. What is the general practice of courts in such matters, pl. clarify.

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4 Replies

prabhakar advocate (advocate) 03 February 2016

Only the facts relating to demand of dowry and physical and/or mental harassment from husband and/or his relatives have to be proved by the prosecution. For example, wife's allegation of husband's adultery, late night telephone calls to his girl friend, drinking habits, not respecting inlaws, refusing the wife's demand to have separate house, unnatural s*x - all such things will not attract the provisions of S. 498-A.

498a victim (Manager) 04 February 2016

Dear Parbhakar ji,

Thanks for you quick response.Other charges mentioned in the complaint are:-

1. My istridhan was not returned to me etc, (section 406)

2. Tried to kill me by all the family members of inlaws (section 307),thrown me out of house etc.

3.Demanded dowyr before marriage etc., take all my salary every month etc etc.

But charges have been framed u/s 498a only against me only.

I seek your expert opinion if all such allegations would be considered by court, and if we should touch such allegations in cross/arguments or not. Or we should concentrate on allegation u/s 498a only.

fighter (Software professional) 04 February 2016

498a victim bhai...if there is section 307 in chargesheet,You will be charged by that allegation or else this will not a matter of discussion in court.

prabhakar advocate (advocate) 04 February 2016

All the three points you said in your response relate to S.498-A and your advocate should cross examine over all those allegations mentioned by you.