498A
Dr C Suresh
(Querist) 01 October 2009
This query is : Resolved
With all the abuse of 498 by women can I make a suggestion and is it possible: Suppose the mother-in-law leaves the house and files a 498a against her daughter-in-law and daughter-in-laws family.
Kiran Kumar
(Expert) 01 October 2009
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 purpose 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.]
above is the bare language of S.498-A IPC
and the proposition given by u is not at all covered in the section.
otherwise suggestion is good, some counter is required.
Guest
(Expert) 01 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING 498A AND MOTHER IN LAW KINDLY NOTE THAT.
1.SECTION 498A WAS ADDED BY AN AMMENDMENT FOR PROTECTING A MARRIED WOMAN FROM CRUELTY FOR DOWRY DEMAND FROM HUSBAND AND HIS RELATIVES. THE INTENTION WAS REALLY GOOD.IN GENUINE CASES THE LAW PROVISIONS SHOULD BE STRICTLY APPLIED.
2.BUT PRESENT FACTS ARE THAT THE SAID SECTION 498A IS MISUSED BY MARRIED WOMEN TO TAKE REVENGE ON HUSBAND AND HIS RELATIVES INCLUDING OLD PARENTS MARRIED BROTHERS AND SISTERS AND BROTHER IN LAW FATHER IN LAW AND MOTHER IN LAW AND EVEN UNMARRIED SISTERS AND BROTHERS.
3.EVEN POLICE DEPT IN SEVERAL CASES SHOW GREAT INTEREST AND HELP LODGE THE COMPLAINT BY FURNISHING ESSENTIAL DETAILS TO MAKE COMPLAINT PERFECT.
4.I HAVE PERSONALLY DEFENDED SEVERAL POOR FAMILIES OF HUSBANDS AND GOT THEM BAILED OUT AND ALSO GOT THEM ACQUITED FROM ALL CHARGES.KINDLY NOTE THAT EVEN THE ALLEGATIONS ABOUT DOWRY AMOUNT ARE SAME IN MOST OF THE COMPLAINTS.IT WILL BE SURPRISING TO NOTE THAT THE DOWRY DEMAND WILL BE ALWAYS RS.50000/,1,00,000/- AND SIMILAR ROUND FIGURES PROMPTED BY POLICE TO THE COMPLAINENT.
5.KINDLY NOTE THAT AN EXPERT LAWYER CAN EASILY GET ANTICIPATORY BAIL,REGULAR BAIL AND EVEN ACQUITAL FOR ACCUSED FROM SUCH FALSE CASES.
6KINDLY FURTHR NOTE THAT IT DOES NOT MEAN THAT ALL COMPLAINTS ARE FALSE.IT DEPENDS ON FACTS OF EACH CASE AND EVIDENCE PLEASE NOTE.
IN CASE ANY FURTHER INFORMATION OR HELP IS REQUIRED YOU MAY SEND DETAILS OR WRITE OR CALL
THANKING YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Sachin Bhatia
(Expert) 01 October 2009
Very well interpreted by Mr. Kiran.
Dr C Suresh
(Querist) 01 October 2009
The daughter in law can be defined as a relative of the husband and I have heard of many cases where the daughter-in-law have driven the Mother-in-law to contemplate suicide. And many daughter-in-laws also fight for property and money with their in laws. From what Mr Kiran has said then I donot see any reason why mother-in-law cannot file 498A against husbands relative i.e. daughter-in-law.
sanjay kumar patibandla
(Expert) 02 October 2009
I think it is possible. 498 A is to protect the rights of the women from her husband and husband's relatives.
daughter illa also the motherilla,s husband's relative.
Try it.
