Punishment under 498A
Yasmeen Momin
(Querist) 10 February 2011
This query is : Resolved
I got divorced this year in July. In 2005 I had filed a case against my husband for domestic voilence under 498A. In 2011 the proceeding for the same is going on. My husband has accepted the charges of physical and mental assault. But previously when I had filed an FIR in 2005 he got arrested and after 4-5 days he was released. Now there is next hearing in March. He will be punished?If yes then what is the punishment under 498A?
Amit Minocha
(Expert) 10 February 2011
It will depend upon the stage in that proceedings. If found guilty he shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine u/s 498A
M V Gupta
(Expert) 11 February 2011
The fact that u got divorce does not obsolve ur husband from the crime of domestic violence committed by him against u. If after trial he is found guilty of the offecne he would be punished.
