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satya (Manager)     19 April 2013

498a

Is 498a is application after 7 years of marriage?



Learning

 10 Replies

Adv k . mahesh (advocate)     19 April 2013

the limit is 3 years and the such query was raised recently and in one issue supreme court was ordered to submit but if there is any contacts between both of them then she will by showing evidences 

satya (Manager)     19 April 2013

Thank u mr. k. mahesh. Are u saying that the limit of case registering is 3 years.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     19 April 2013

Dear Satya,

7 year time limit is for 406 only not for 498A.

But this long time may help you but depends upon your case details.

So better to send your complete details at adv.kamal.grover@gmail or contact any local lawyer

Good Luck.'

Rahul Kapoor (Legal Enthusiast)     19 April 2013

498a can be filed at any time after  marriage.

there is no time limit.

are you asking for time limit after cause of action arises ?

satya (Manager)     19 April 2013

There is remote possibility of cruelty by husband and other relatives after 7 years of marriage. It is written in 498a. time limit to register the case from cause action must be 3 years. I want to clearify that whenever it is mentioned in 498a then how the case after 7 years may be entertain in 498a?

satya (Manager)     19 April 2013

 

Section 498A vis-a-vis section 113 of Evidence Act

Section 498A of the Indian Penal Code or section 113A of the Indian Evidence Act has not introduced invidious classification qua the treatment of a married woman by her husband or relatives of her husband vis-a-vis the other offenders. On the other hand, such women form a class apart whom from those who are married more than seven years earlier to the commission of such offence, because, with the passage of time after marriage and birth of children, there are remote chances of treating a married woman with cruelty by her husband or his relatives. Thus, the classification is reasonable and has close nexus with the object sought to be achieved, i.e., eradication of the evil of dowry in the Indian social set-up and to ensure that the married women live with dignity at their matrimonial homes; Krishan Lal v. Union of India, 1994 Cr LJ 3472.

Rahul Kapoor (Legal Enthusiast)     20 April 2013

the law does not bar to register a complain even after 7 years under section 498a.

however sometimes courts have taken a different view.

satya (Manager)     22 April 2013

The question is not what view adopted by different courts. What provision was made by parliament in 498A?

Rahul Kapoor (Legal Enthusiast)     22 April 2013

then 498a can be filed after seven years also 

Advocate Abhijeet singh (ADVOCATE)     16 June 2013

dear there is no time bar for filed 498a 


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