can my sister file 498a now?

Querist : Anonymous (Querist) 14 April 2010 This query is : Resolved
hi members!my sister had a register marriage on 29.09.2008 when my papa was hospitalized.later my sister and her legal husband stayed in a flat of her mother-in-law .At that time her mother-in-law and father-in-law both were staying at govt campus.They said to stay separately because the govt flat was too small.they had kept all the jeweleries in the mean time and all the furnitures and filed a petition that the marriage has not been consummated.my father died and they didn't refunded anything but always said they will refund in-front of court. They denied in the court on 16.03.2010,to give anything and nothing is with them.my sister do not want to reconcile with such family.can she now file 498a?please help.

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Kiran Kumar (Expert) 14 April 2010
what proceedings are pending in court at present?

S.498-A can be filed with in a period of 7 years after marriage....but in your case if some proceedings are already pending in the court then the fresh criminal case shall not look like a counter-blast.

if you still wish to proceed with criminal litigation then add S.406 IPC also.

one more thing, if your sister intends to reconcile then S.498-A or other criminal proceedings wont help rather it may create trouble....proceed carefully as per the advice given by your local lawyer.

adv. rajeev ( rajoo ) (Expert) 14 April 2010
498A is for dowry harrashment, now she cannot, because since 2008 why she kept quiet if really there were dowry harrashment. In my opinion now she cannot file

Raj Kumar Makkad (Expert) 14 April 2010
I do agree with kIRAN.

anantha krishna n.v. Advocate (Expert) 14 April 2010
I think rajeev means that the complaint may not stand in trial.

Kiran: I think 7 years period stipulation is not there for 498a. it is for 304B IPC. 498a can be filed at any time provided the cause of action is within 3 years. Because, the max.punishment for 498a is 3 years limitation clause of crpc would operate. even then if properly explained, it can be filed later as well.

KAMARAJ BHARATHY G (Expert) 14 April 2010
There is no restiction u/s. 498 that with in 7 years from the date of marriage the complaint should be lodgedd. That is applicable for 304B only.
However, the aggrived person can file compliant u/s 20(1)(c) of The Protection of Women from Domestict Violence Act, 2005. Under this Act she can get all the reliefs.
If you want more guidence you can get it over 09597139184

Unbiased Advice (Expert) 14 April 2010
My Fellow Friend Kama raj is promoting DV Act even without any Domestic Violence associated in the Case which sends wrong signals My Sincere advice is Think Twice Before Suggesting CR P C Sections, Even though DV act is Civil in Nature.

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