Cruealty 498a

Some correction.  " Not to talk more in cell"

no it does not come under 498a.

 

(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

If it is a bonafied advice than not covered by crualty but If it is an compulsion or violation against freedom of wife then falls into the category of cruelty.

ya it is come under this section 498a bec Cruelty means one type of Harassment upon women by her husband or by husband family. so according to me it come under this but at a time of compulsory only. If it is a bonafied advice then not come under this section

" it is an compulsion or violation against freedom of wife then falls into the category of cruelty " --- not violeting freedom, till it in the form of advice.

Thanks to all for the reply.

In my opinion advise by the husband and family does not comes under 498A.  It is common to advise a MIL to her DIL to work in the house instead of talking in the cell phone contineously.  In my case what happened is my client when he got doubt on her wife he got the cell call details then only his wife filed 498A case.  At the time of investigation she has give restatement before the police that it is her mistage and my husband and MIL used advise not to talk more in the phone and do the home work.

" section 498a bec Cruelty means one type of Harassment upon women by her husband "

 

---   NOT ALL OR ANY TYPE OF HARASEMENT.

PLEASE KEEP IT MIND THAT THE WORD USED HERE IS " coercing her "

AS PROVERB, WHICH INDICATES THAT THE DEGREE OF  HARASMENT IS SO HIGH THAT IT COERCE ONE'S LIFE. SC JUDGMENT AVAILABLE ON THE MATTER.

NORMALLY POLICE OR COURT DO NOT TAKE CARE OF THE WORD "coercing".

IF THE POLICE TAKE INTO NOTICE OF THE WORD - CORCE, THEN 90% OF THE FALSE 498A, COULD NOT REGISTERED AS FIR.

ALL THE NORMAL WEAR AND TEAR

OF FAMILY ARE NOT COERCING UNDER THE SEC 498A OF IPC.

 

no absolutely no. one cant bring the laws of india in between to run the home smoothly. it should not attract 498 a as per definations also