Re: sec. 498a of ipc
Arati Gawde
(Querist) 31 March 2015
This query is : Resolved
From last 5 to 6 months my married friend living separately with her Mom & Dad due to cruelty, not give permission to meet her Mom & Dad, relative, friend…etc & other issue with her husband & in law’s. And also they demanded money from her; She want to stay with them but they are not ready to take her their house. Therefore, now She want to file complaint under sec. 498 A. My question are :-
1.Is it requiring that at the time of filing complaint under sec.498A she should live with her husband as his house?
2.What is the time limit for filing 498A?
Devajyoti Barman
(Expert) 31 March 2015
1. No there is no such requirement. On the allegation of past incident or current incident of tortures over phone is enough.
2.File it asap.
Kappil Cchandna
(Expert) 31 March 2015
Sir,
Not necessary, but her allegations must be specific and not vague .... Must be supported by some sort of evidence and all for future references ....
Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 01 April 2015
Why does the husband of your friend living separately, did she introspect, discuss and try to find out a respectable solution?
Rather than filing police complaint (which shall prove fatal to her matrimonial life), she require counseling and mending herself, advise your friend properly.
For further clarification/advise/ proceeding visit my profile to press the button "Click to Talk"
Rajendra K Goyal
(Expert) 01 April 2015
Well advised by the experts, agree to it.
SAINATH DEVALLA
(Expert) 01 April 2015
Let them go for proper marriage counselling instead spoiling their lives for petty things,which are common in every household.There could be some disturbances in the in-laws house,that doesn't mean that the wife should run away to her parental home.The parents should also be taken to task for their egos.Filing 498 A ,125, DV and running after courts and lawyers,( As a legal professional, sorry to use the word lawyers) wasting their valuable life.
Guest
(Expert) 01 April 2015
Bickerings do occur, but mutual understanding and compromises are quite essential for a married coule for a happy married life. use of sec. 498a should be made in extreme case, not as a routine or small differences.
However, complete details are quite necessary to be gone through before arriving at some conclusive advice.
Arati Gawde
(Querist) 01 April 2015
Thanks! for Reply....
Arati Gawde
(Querist) 01 April 2015
Thanks! for Reply.... My friend is ready to stay with her husband & in Law's. But they are not ready to take her with them. In fact, she gone to her husband house but they are not ready. And given mental trouble via Quarrel not only with her but her Mom & Dad also.
SAINATH DEVALLA
(Expert) 01 April 2015
Aratiji,
try to repair the damage concretely instead of breaking it further.Our ancient history says marriages are made in heaven, we have to respect those words and live happily. Bickerings do occur every where.
Guest
(Expert) 01 April 2015
Take help of some impartial elders of both the sides for mutual settlement to discourage them from making hell of the future life of both husband and wife.
SAINATH DEVALLA
(Expert) 01 April 2015
This is the most honest reply by the experts U got here.So be on the job of damage control expert and see that they are united.
malipeddi jaggarao
(Expert) 01 April 2015
You are representing the query on behalf of your friend. Do you know the full facts? Have you ever tried to talk to the family of her husband to know the truth?
498a is an ultimate weapon. Do not use it until it is inevitable. Rope in some elders, common relatives and try to settle the matter. If that is not possible, you can resort to these proposed actions.
To your specific queries - answers are:
1) No - but some evidence should be produced.
2) No specific time limit - within reasonable time of the incident/s.
T. Kalaiselvan, Advocate
(Expert) 04 April 2015
Filing a criminal complaint with the police under different sections against the husband and his family members is very easy these days, but please note that this will permanently seal the fate of your friend and her married life. Even now if there are possibilities for patch up or reconciliation, better avail the opportunity.
