Hi,
Wife made allegation on husband that wife is ill-trated. Does ill-treatment allegation attract 498A IPC?
Munirathnam (Scientist) 11 May 2010
Hi,
Wife made allegation on husband that wife is ill-trated. Does ill-treatment allegation attract 498A IPC?
N.K.Assumi (Advocate) 11 May 2010
Arvind Singh Chauhan (advocate) 11 May 2010
She would have to explain what type of ill treatement.
Victim_Kol (Middle Executive) 11 May 2010
But it is normal practice in Indian court to believe what ever the wife says. Isn't it so ?
Legal Fighter (Advocate) 11 May 2010
only if ill-treatment has been done in respect of demand of some valuable security i.e. dowry. otherwise any other type of ill-treatment must be of such nature to drive her to commit suicide. if either of these 2 conditions is not satisfied, it doesn't attract 498A.
now in regard to Domestic violence, it is of civil nature, all reliefs are of civil nature, only procedure adopted is criminal.
Dharmesh Manjeshwar (Advocate/Lawyer) 12 May 2010
Section - 498A.
Husband or relative of husband of a woman subjecting her to cruelty.
498A. Husband or relative of husband of a woman subjecting her to
cruelty.--Whoever, being the husband or the relative of the husband of
a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also
be liable to fine.
Explanation.-For the purposes of this section, "cruelty" means-
(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to cause grave
injury or danger to life, limb or health (whether mental or
physical) of the woman; or
(b) harassment of the woman where such harassment is with a
view to coercing her or any person related to her to meet any
unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her to meet
such demand.]