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Mahesh Kumar (Service)     02 January 2014

498a before marriage

In case of arranged marriage ,if after 1 or 2 meetings the boy refuses to marry,can the girl's party file a 498a case against him?

In what situations 498a can be filed before marriage?



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 5 Replies

Reformist !!! (Other)     02 January 2014

Yes it can be filed that dowry is demanded by you in the "context of marriage".

Although situation wud be in your favor, as 498A section uses word "Husband" in the explanation.

Biswanath Roy (Advocate)     02 January 2014

Sec.498A I.P.C  is not applicable before marriage even it the would be groom commits cruelty or harassment to would be bride to create pressure upon her for dowry.. Because Sec.4 of Dowry Prohibition Act prohibits demand of Dowry.    Therefore, you need not to be worried for Sec.498A I.P.C. 

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     02 January 2014

DEAR MR. QUERIST

                                    I FULLY AGREE WITH WHAT MR. BISWANATH ROY HAD STATED IN THIS REGARD . 498A IS FOR CRUELTY OF THE WIFE BY THE HUSBAND AND THE IN LAWS. EVEN WHETHER DOWRY HARASSMENT WILL STAND GOOD IN THIS MATTER IS DOUBTFUL . IF SOME ENGAGEMENT CEREMONY HAD TAKEN PLACE AND AFTER THAT THE BOY BACKS OUT , THEN YOU CAN SAY THAT THEY ARE DEMANDING DOWRY . IN THIS ONLY TALKS WERE HELD FOR THE MARRIAGE . IF THE GIRL HAD SUBMITTED HERSELF FOR S*X  ON THE ASSUMPTION THAT HE WILL MARRY HER ,IN THAT CASE ALSO THE HONORABLE SUPREME COURT OF INDIA HAD OBSERVED THAT IF BOTH OF THEM ARE MAJOR AND KNOW THE CONSEQUENCES OF WHAT THEY ARE DOING THEN IT CANNOT BE TREATED AS "RAPE" AND ALLOWED THE APPEAL OF THE PERSON WHO HAD ALREADY SERVED 3 YEARS IN JAIL . THE MADRAS HIGH COURT HAD OBSERVED IN A CASE AFTER THE SUPREME COURT JUDGEMENT THAT IF BOTH KNOWING THE CONSEQUENCES HAD CONSENTED FOR THE ACT , THEN THEY MUST BE TREATED AS HUSBAND AND WIFE. - JOSEPH WILFRED - 02/01/2014 AT 20.10 HRS.  

T. Kalaiselvan, Advocate (Advocate)     02 January 2014

The provisions of section 498A of IPC is very clear that 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 be extended upto three years or with a fine amount.  Your query is about pre-marriage situation, once there is no marriage where is the question of wife, and she  being subjected to cruelty?  They can foist false complaint under some other sections of IPC namely sec-420 etc or under the provisions of dowry prohibition law.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     10 January 2014

I agree with Mr Kalaisevan


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