I take some time out and reply to the question in detail. Even though my reply does not actually give pointed answers to the questions raised by the querrier, I want to give lengthy answer because often I see similar questions related to Section 498-A IPC. So, the answer consists of relevant and not so relevant material to the questions posed by the enquirer.
That this forum is mostly used by men and very a few women come seeking legal advice. Quite often I see the male enquirer starts his question saying that my wife filed a totally false/fake criminal case against me and later on describes her as legal terrorist (refer to one Supreme Court judgement where exercising Section 498-A has been described as legal terrorism - Preeti Gupta Versus State of Jharkhand) and some times describes her as demon, ghost, prostitute, b**** etc. etc. most abusive words. The real legal experts are put off for such vocabulary and even though they like to give legal advice to the seekers, due to the presence of these abusive words in the enquiry, they will not give answers. The ultimate loss will be to the enquirer. So I request the advise seekers to frame their questions in a polished way and put their problem witout abusing their life partner and his/her parents. The legal expert, just by hint understand the real story and give you appropriate advice.
The word "cruelty" in Section 498-A is defined, which may be physical or mental. Further, harassment is also two types - harassment free from dowry demand and the harassment with dowry demand. Mere dowry demand is not harassment until it is coupled with harassment, which may be either mental or physical. Cuelty may be for any other reason free from dowry demand. If a sadistic husband subjects his wife cruelly without having any demand of dowry, then also the offence under Section 498-A is attracted. So, the wife can be subjected to the following four types of cruelties / harassment:
1. Physical cruelty without dowry demand;
2. Mental cruelty withhout dowry demand;
3. Physical harassment with dowry demand;
4. Mental harassment with dowry demand.
Often it is alleged by the husband that there is no evidence to prove any one of the above acts and hence Section 498-A is false and has to be quashed instantly by the hon'ble High Court otherwise the innocent husband will face the gruelling indian criminal justice system without any fault and it is unfair.
We will objectively try to understand, without favouring husband or wife, how the evidence can be shown or seen in Section 498-A cases.
1. For example, the wife's allegation is that she has been subjected to physical cruelty by the husband on his false belief that she had extra-marital relationship. He used to slap her before all his family members, used to punch her or kick her. He used to slap her on several occasions on the ground that she was not doing her domestic chores or not showing sufficient respect towards his parents. Here, she is alleging physical cruelty without anny dowry demand in matrimonial home. In Indian conditions, people will not go to doctors for getting treatment for slaps, punches and kicks. Actually, these physcical attacks will not harm the body much but create severe mental agony. She does not have medical treatment papers to show physical cruelty. She cannot produce any other witness than herself to prove the harsh treatment she received from husband. In matrimonial home, none of husband's relatives support her case and come forward as witness. She has never shared this trauma with her neighbours, as it is agaist indian tradition to share family problems with neighbours. None of the neighbours had seen her receiving beatings or heard her cries (If they see, then also they will not come in witness box,as it is our Indian tradtion that "do not interfere in other's domestic matters"). Now, what evidence can she show before the I.O. or before the court to prove her case, that too beyond reasonable doubt? The only method is to give her own statement and if she shared her trauma with her parents, get their statements. Beyond this, she cannot produce the other evidence. Indian courts are well aware of this situation and so they modulate their procedure to provide justice to the needy.
2. In other types of cruelty (mental) or harassent (for dowry or without dowry demand), the wife faces the same problem to produce evidence. Indian Courts are conscious of this problem and so, if FIR is not registered, as in other criminal cases, the wife has got a right under Sectioon 156 (3) Cr.P.C. to get a direction from the court against the police to register F.I.R. and conduct thorough investigatioon and file its report. If I.O. through prosecution submits the closure report, the court will not take it at face value. The opportunity will be given to the complainant to contest the closure report. Similar is the quashing of FIR and criminal proceedings in Section 498-A. The courts are hesitant to do so, because they know the problem of getting evidence by the wife in matrimonial home, where she has only accused around her and none as a friend to the complainant.
