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Help in 498a

(Querist) 24 May 2011 This query is : Resolved 
Hello,

M having matrimonial dispute with my wife. Long list of allegations.....

There is one statement written in my FIR as alleged by my wife against my mother's sister that..

"My mother-in-law's sister(i.e husband mausi) have got me fully nude and gave me beating"


Regarding this line, I dont think that this statement comes under the defination of 498a.

Plz. suggest on this line. Does it comes under 498a or Domestic violence.
yogesh (Expert) 24 May 2011
Yes, it comes under 498A /DV Act as as the mausi is the relative of "Husband" falling within perview of 498a which doesn't amount to physical cruelty but also mental cruelty caused to the woman
Its better you should engage a lawyer and move the anticipatory bail application if you are living in remote areas
In Delhi many guidelines are given to the Police for its abuse such as arrest should be made after investigation by the rank of officer not less than ACP and there should be physical injury of person and care should be made to avois the arrest of relative of husband if not involved
M.Sheik Mohammed Ali (Expert) 24 May 2011
yes, its come under 498a IPC /DV
Guest (Expert) 24 May 2011
I endorse the views of Mr. Yogesh.
Guest (Expert) 24 May 2011
SIR,
WITH REFERENCE TO COMPLAINT UNDER SEC.498A/DOMESTIC VIOLENCE , KINDLY NOTE THAT
1.THE WIFE HAS MADE CERTAIN ALLEGATIONS.
2.POLICE WILL FILE CHARGESHEET AFTER PROPER INVESTIGATION.
3.YOU MAY CONCENTRATE ON STRONGLY DEFENDING THE MATTER
4.ALL ALLEGATIONS,IN THE COMPLAINT SHOULD BE PROVED WITH SUPPORTING EVIDENCE,SO STUDY THE F.I.R.,COMPLAINT AND CHARGESHEET CAREFULY AND WITH THE HELP OF LEGAL EXPERTS DEFEND THE MATTER STRONGLY.IF POSSIBLE FILE A WRIT PETITION FOR QUASHING FALSE COMPLAINT AGAINST INNOCENT RELATIVES .YOU WILL SUCCEED.
GOOD LUCK.
Devajyoti Barman (Expert) 24 May 2011
It is torture of any kind which comes under the provisions of 498A IPC.

Section 498A IPC and the DV Act does not make any differentiation between the nature of torture to define its respective applicability.



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