498a
Kalyan Ghosh
(Querist) 23 April 2014
This query is : Resolved
I am an old man.My friend and his wife(both senior citizens)live in a city different from a city where my friend's son(36 years)lives with the daughter in law(30 years,non working,housewife).The young couple has been happily married for last 9 years.My friend is economically very stable and does not require any help from his son.Now a problem has cropped up.Due to ill health my friend and his wife has gone to their son's place since last 2 months for health check up,so that the son can look after them .After necessary check up they will return to their original place .But the daughter in law is very adamant and expressed that she cannot allow the in law's presence.Although my friend's wife is ill they hurriedly came back to their original city with the APPREHENSION that the daughter in law may resort to 498A /Domestic Violence cases .My question is although their was no complain from the girl during their 9 years of married life whether all on a sudden the girl can resort to 498A etc,ALTHOUGH the laws are mostly feminine friendly.Please help with an answer
Devajyoti Barman
(Expert) 23 April 2014
Yes, all of a sudden she can file such cases.
Raj Kumar Makkad
(Expert) 24 April 2014
Though the right of filing the complaint cannot be ruled out but the police shall definitely enquire the matter and shall duly take into consideration the prevailing facts as told by you and only thereafter, may resort further course of action
P. Venu
(Expert) 24 April 2014
The complaint should relate to the period when the old couple were staying with the daughter-in-law. Now that they are back in their own home, chances of any such complaint is remote. A delayed FIR would be of less credibility.
T. Kalaiselvan, Advocate
(Expert) 24 April 2014
I agree with the opinions expressed by experts. Though she may lodge a complaint, the police will certainly inquire and will proceed if they find a substance in it, but please speak out that whether your friend and his wife really was involved in any controversy during their period of brief stay in their son's house?
