About 498a

Understanding 498a cruelty

498a envisaged in Indian penal code, it is called as legal terrorism, most of the married men in India are facing false cases and spending lot of time in litigation and lot of harassment, the main soul of this section is cruelty, the word cruelty is interpreted by various judgments by courts in India. But for a layman wife even domestic wear and tear of marriage life causes husband to face harassment, normal quarrels in house can land up husband and his relatives in jail, that is why it is termed as legal terrorism.

Cruelty on husband

However correct legal advice along with correct legal techniques can save thousands of witness, there is a mechanism of quashing false case, and in some cases quashing is the most efficient and fastest remedy, but there are some cafeteria for this, in most cases the high court tells to face trial, yes quashing can happen through high court.

Mediation in 498a, yes 498a does calls for mediation and it is also very good remedy to extract evidence of other side and if mediation is used as a tool, it can bring lot of benefit.

There are other ways also to solve this issue, like in cross examination only the husband can break wife false evidence. remember 98% of 498a are never proved in court of law. The main evidences that are there in 498a are medical evidence,eye witnesses,watsapp and email messages.

Sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence. Nowadays such false cases are best way to extract money from the innocent husband.

For wives if they are thinking of lodging a false case that means its an end to their marriage.

By. Adv. Nitish Banka

B.E LLB(Hons)

nitish@lexspeak.in