Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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regarding 498-A of I.P.C.

(Querist) 28 August 2008 This query is : Resolved 
dear members, kindly refer some case law and reference in a case of 498-A in which husband has not been made an accused.
Rajan Salvi (Expert) 28 November 2008
A difficult question. The only way such a thing is possible is [1] if husband has died and the complainant is living with her in-laws in a shared household or[2] husband is out of India and there being no chances of reconcilement , wife hs filed the case against the in-laws.[3] the case is filed by wife at the instance of the husband for ulterior motives.

Secxtion 498 says husband or relative of husband. However, the cruelty should be towards unlawful demand.
Adv.Shine Thomas (Expert) 28 December 2008
Cruelty by the relatives of the husband is sufficient for the purpose of this section.
Sushil Kumar Sharma vs. Union of India and Others JT 2005(6)SC 266 and
Savitri Devi vs Ramesh Chand and Others 104(2003)DLT 824
In these cases false allegations are made regarding commission of an offence under sec.498A IPC with a view to harass the husband,in-laws and relatives.


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