498a :legel terror...

Querist : Anonymous (Querist) 18 December 2009 This query is : Resolved
Can a husbend file 498a against his wife?

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Arvind Singh Chauhan (Expert) 18 December 2009
No sir.

Raj Kumar Makkad (Expert) 18 December 2009
No.

Sachin Bhatia (Expert) 18 December 2009
No

Kiran Kumar (Expert) 18 December 2009
Not at all.

S.KARUNAMOORTHY (Expert) 18 December 2009
To speak morally, equality is not enshrined in this provision. However i would like to tell the reason behind which the Hon'nle SC has not held it struck down 498a. women are powerless in terms of comparing with men. and the awareness among women about their right is not rampant just like advanced countries. this provision is enabling provision for women but the condition now is that they're taking advantage of this. for ur querry my answer is NO only.

aman kumar (Expert) 18 December 2009
no , agree with all

A V Vishal (Expert) 18 December 2009
Mr Anonymous:

The law is clear as who can file a 498A case for your reference the section is reproduced:

"â€œWhoever, 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. The offence is Cognizable, non-compoundable and non-bailable."

Legal Fighter (Expert) 18 December 2009
498A is not possible but depending upon facts and circumstances of the case, a case for the offence of Giving Dowry can be filed u/s 3 of Dowry Prohibition Act.

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