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arya (-----)     01 September 2011

498a law

After How many year the marriage the 498a case is not applicable in 498a law.

Shyam

 



Learning

 8 Replies


(Guest)

7 years.

Sanjeev (Lawyer)     01 September 2011

There is no limitation in terms of years it can be filed anytime.

galsober@yahoo.co.in (def)     01 September 2011

This is a commom myth that 7 yrs of marriage is the limit for a wife to file 498a. She can very well file it any time after marriage.

This mis understanding came from a set law which tells that "any death of bride within 7yrs of marriage at hubbys place is considered dowry death unless proved otherwise"

Onus of proof of such death shifts to the other party in this case...thats all!

1 Like

Saurabh..V (Law Consultant)     02 September 2011

@Author

 

I agree with the views of @galsober. S.498A IPC can be invoked anytime after marriage till death..

 

It's dowry death S.304B IPC which is applicable for the death of the bride within 7yr of marriage.

 

I wonder what stopped the legislature to make it gender neutral? Had it been for both the genders, not only the purpose for saving girls would have been solved but also it would have served additional purpose of saving suicide cases of man after marriage.

 

//peace

/Saurabh..V

galsober@yahoo.co.in (def)     04 September 2011

Originally posted by :Saurabh..V
"
@Author

 

I agree with the views of @galsober. S.498A IPC can be invoked anytime after marriage till death..

 

It's dowry death S.304B IPC which is applicable for the death of the bride within 7yr of marriage.

 

I wonder what stopped the legislature to make it gender neutral? Had it been for both the genders, not only the purpose for saving girls would have been solved but also it would have served additional purpose of saving suicide cases of man after marriage.

 

//peace

/Saurabh..V
"

Even if its gender neutral, It shud not be tolerable... How can such a law be made---- Any death of bride or groom within 7 years of marriage be cosidered dowry death/cruelty death UNLESS PROVED OTHERWISE!

Like other offences of IPC, it shud be investigated on merits, not on assumptions.....it amounts to OVERKILL!

galsober

498 A Fighter (Manager)     05 September 2011

Mine is a 19 yr old marriage (divorced thro talaaq).now facing 498A,406,DV and DP4. No complaints before. Lived together outside India for all these years. Now ,She needs big money to withdraw these cases.

Any expert advice regarding the outcome (based on earlier judgements) of these false cases ?

Saurabh..V (Law Consultant)     05 September 2011

@498A Fighter

 

You should apply for AB a.s.a.p.

 

Moreover, you can fight your case on merits. Certainly you have spent 19yr happily married but that doesnt discount any cruelity which occurs after 19yr. If you have merits in your favor, certainly you need not worry.

 

All the best!

 

//peace

/Saurabh..V

1 Like

Saurabh..V (Law Consultant)     05 September 2011

@galsober

 

I couldn't understand what is in-tolerable to you? The law or bride-burning / post marital suicides??

 

//peace

/Saurabh..V


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