Mental cruelty u/s 498a
Ram
(Querist) 19 March 2020
This query is : Resolved
Dear Experts,
My WIFE filed Criminal Case against me and my mother u//s 498A. The Allegations are given below.
1) husband behaved indifferently towards the petitioner
2) The respondent often got irritated at the sight of the petitioner and used to come to the residence late in the night and refused to take supper without any reason.
3) The husband used to utter that only if the petitioner is driven out of the house, he will have the peace and happiness.
4) The respondent used to scold and beat the petitioner often for no fault of her and persistently nagged her.
5) He never missed an opportunity to insult the petitioner before the guests and friends.
6) It is his habit of speak ill of the petitioner’s parents and their family
7) Husband used to say that the petitioner is a misfit for him
8) He personified the petitioner, as an embodiment of his past sins.
9) The respondent openly declared that he disliked the petitioner.
10) To cap all, the respondent has deserted the petitioner and petitioner had been put under severe stress and mental agony on his abscondance and desertion
My Question:
1) Does all or any of the Allegation would attract "MENTAL CRUELTY" defined u/s 498A?
Thanks in Advance Experts.
Ram
.
Raj Kumar Makkad
(Expert) 19 March 2020
Yes is the sole answer to your query. If proved, each and every allegation gets covered under mental as well as physical cruelty.
Rajendra K Goyal
(Expert) 19 March 2020
Yes the events falls under mental and physical cruelty.
SHIRISH PAWAR, 7738990900
(Expert) 19 March 2020
Dear querist,
Allegations stated by you are cruelty. However you can definitely get acquittal if you contest the 498 A regarding allegations. Appoint experienced advocate and fight out the case.
Regards,
Ram
(Querist) 19 March 2020
Dear Experts Thank you. But I have a question.
In the charge-sheet there is no INCIDENT to attract incredients of 498A.
Allegations are GENERAL and NOT specific.
Will it not SUFFICE to get ACQUITTAL.
THANKS IN ADVANCE
Raj Kumar Makkad
(Expert) 19 March 2020
Merely leveling allegations are not sufficient as for the conviction, the same are required to be proved by way of overwhelming evidence. Nothing concrete can be opined at this early stage of framing the charges.
If you find that there are sufficient grounds for acquittal even at this stage, challenge the order of framing of charge before High Court.
Ram
(Querist) 19 March 2020
Thank you Mr. Raj Kumar Makkad SIR.
Rajendra K Goyal
(Expert) 20 March 2020
During trial good cross examination from defense counsel, game can be changed, services of some prudent, expert lawyer are essential to come clean in such cases.
Raj Kumar Makkad
(Expert) 20 March 2020
Sorry! I have confined myself only up to the question raised by the author. If any additional question is raised, definitely I shall also attend that.
T. Kalaiselvan, Advocate
(Expert) 20 March 2020
If she considers all these things as acts of cruelty then she can very well prosecute you on such issues also under section 498a IPC.
The law states that:
498A as: Husband or relative of husband of a woman subjecting her to cruelty. Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine
Advocate Suneel Moudgil
(Expert) 21 March 2020
the allegations imposed are CRUELTY if proved,
you should engage a judicious lawyer to defend your case,
Rajendra K Goyal
(Expert) 30 March 2020
For your ready reference, section 498A is as under:
Section 498A in The Indian Penal Code
498A. Husband or relative of husband of a woman subjecting her to cruelty.—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. Explanation.—For the purpose of this section, “cruelty” means—
(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
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
