What is Section 498A of IPC?

What is Section 498A of IPC?

[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.

Is Section 498A is bailable or not?

Section 498A of the IPC makes ‘cruelty by husband or relatives of husband’ a cognizable and non-bailable offence and includes within its purview dowry related harassment of the wife. Under this section, the wife can bring charges for any dowry related abuse or harassment suffered by her.

Can husband file 498A against wife?

3) File case against Wife: Husband can file case against the wife for the threat and blackmailing done by her to file the false section 498A case. The documentation proof and other details are required while filing the case against the wife.

What is mental cruelty in 498A?

cruelty’ to attract the provisions of section 498A , IPC . Causing mental torture to the extent that it becomes unbearable.

Who can file 498A case?

Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

What is the end of 498A case?

Section 498a punishment may state that if a husband or relatives/family of the husband are found to subject the wife to cruelty, then they will be imprisoned for a jail term of three years with a liability to fine.

What is the difference between Section 498 and 498A?

A. Section 498A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence. Q.

How do I prove mental cruelty to my husband?

Strengthen your oral or written evidence with instances of mental cruelty like continuous non – cohabitation or denying the physical relationships, verbal and physical abuses, arrogant behavior, an incompatible or ever-increasing difference of opinion aggravating the domestic relationship.

What cases wife can file against husband?

As of today though, Section 498a IPC is used by a woman in India to file a complaint against her husband for mental, physical, and psychological or any other agony or harassment and the punishment for 498a case under the IPC is also known well to the society due to the build-up of so many 498a cases coming in the …

Is 498A serious?

It states that if such a woman is subjected to cruelty by a husband or relative of a woman’s husband, he shall be punished with imprisonment for a period of up to three years and also liable to fine. The crime under Section 498A is cognizable, non-compoundable and non-bailable.

Does wife pay alimony to husband?

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

How much wife gets after divorce?

Generally, the wife cannot get more than 20-25% of her husband’s income as alimony. In order to get this amount, the wife has to prove that she is not able to maintain herself. For the same, the wife can submit the details of her monthly expenses and sources of income & property (if any).

What is Section 498a of the Indian Penal Code?

This section 498a ipc will solely be invoked by wife/daughter-in-law or her relative. This law of section 498 ipc makes it obligatory for the police to file charges against the husband, his parents and different relatives/friends (whoever being named on the grievance by the married lady or her her relatives) and place them in jail.

Is IPC 498A cognizable?

Yes, 498a is cognizable. Section 498 ipc, introduced in 1983 is popularly referred to as the dowery Law that seeks to safeguard married ladies from Harassment by the spouse or his relatives.

How to file a complaint under IPC 498A?

Arrest under Sec. 498A of IPC on the basis of a complaint should be done only with written order of the Police officer of the level of District Police Chief or equivalent and it should be ensured that there is sufficient material for arresting the accused and charge sheeting the case.

What is the amount of bail in 498A case?

Anticipatory bail application 498a can be filed in Sessions Court and if it is rejected by session court, then can be filed in High Court. 498a bail amount could vary from Rs. 10000/- to Rs. 50,000/- depending upon circumstances.

  • August 26, 2022