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Siv (engineer)     28 March 2012

Suspecting wife attract section 498a of ipc ?

Dear All,

 

I seek clarification on the below alleged incident:

 

Wife alleged that husband is suspecting wife's character and the pregnancy of the wife hence wife left the matrimonial home.

 

But no incidents like beating or any other incidents occurence is reported. Does this kind of incident occurence, if considered happened to be true, is attracting section 498A of IPC.



Learning

 8 Replies

Siv (engineer)     28 March 2012

Here is one citation that say suspecting wife character is crulety attracting the section 498A of IPC.

 

Siv (engineer)     28 March 2012

the decision details:

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION NO.81 OF 2011

Rupam Pralhad Bhartiya. ..Applicant Versus

The State of Maharashtra

and another. ..Respondents.

….

Mr.Niteen V . Pradhan a/w. Ms.S.D. Khot & Ms.Ameeta Kuttikrishnan, Advocates for the Applicant.

Mr.Aabad H. Ponda, Advocate appointed as amicus curiae. Mr.J.P. Kharge, A.P . for the State.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 March 2012

if the cruelty which can lead the lady to suicide can be termed cruelty under section 498a.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

Siv (engineer)     29 March 2012

Dear Shonee

Siv (engineer)     29 March 2012

Dear Shonee Ji,

 

As per section 498A the ingradients fo the subsequent events of suspect of husband shall attract section 498A. Whereas in the above judgement no such incidents are reprted but the wife said that husband caused mental cruelty.

 

This kind of vague allegations can be made by any women being the mental cruelty can not be seen ....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

harassment has to be linked with demand.

 

Whereas creulty of the degree which can cause danger to life, limb or health is enough. There has been instance where Apex court has held that calling wife BLACK is also cruelty under this section.


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com 

2 Like

srinivas reddy (Police Officer)     08 April 2012

 

Wife alleged that husband is suspecting wife's character and the pregnancy of the wife hence wife left the matrimonial

 

Any harassment either physically of mentally atracts the section 498-A IPC. Harassing the wife suspecting her chastity, it is fit case for 498- A IPC

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

If the lawyer of the lady has been able to link it, you better be smarter.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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