Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manav Kalia (Arguing my own cases..)     08 December 2011

498a definition is not consistent??

Copied the following from experts section, based on members demand, so that more people can give input. 498a as described in penal code: “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 extend to three years and shall also be liable to fine. The offence is Cognizable, non- compoundable and non- bailable." Now I had posted this question about why can't MIL file a case against DIL. Since the DIL is a relative of MIL's husband. The argument that DIL cannot harass MIL for dowry, is not valid, as 498a by definition is not dowry specific as given in the definition above. There are many other acceptable forms of cruelty that are non dowry related. But the generally accepted view among lawyers is only wife or DIL can file 498a. But the definition does not mention wife, DIL or dowry at all. Then why is this massive inconsistency there? Is this a badly worded law, or is the Indian legal system very flawed, or am I missing something from the picture completely. Since I asked the same in general forum, yet could not get any concretely satisfactory explanation there. I am asking this to the experts in law over here hoping some esteemed luminary of LCI must be able to shed light on the matter. Thanks in advance.... :-) This might seem a very redundant question, but the implications are enormous, if even one court in India allows a 498a case against DIL or wife by MIL, going purely by the very definition of the law, then I am sure ninety percent of the false 498a cases will be withdrawn soon after. It might not happen ever, but raises an interesting argument in the higher courts by MIL accused under 498a, that accuser culpable of same offense under same section as accused. For right now it seems to be an unassailable weapon in the hands of the wife / DIL. Which is harming Indian family life beyond repair. Please comment..


Learning

 17 Replies

Manav Kalia (Arguing my own cases..)     08 December 2011

To qualify further, I had discussed this with some lawyers in person. They were of the view that it can't be done. Even though they were not able to argue against the wording of the code. Probably has not been done because nobody had tried it. Forget going to MPs, government etc. Anna hazare case in point. Takes too long and vote bank politics takes over. We need to find one case where MIL has genuine grievance against DIL. And file 498a on her behalf. Lower courts would reject it. Take it up to supreme court. Argue on wording of the code, might work. Else think about filing a PIL against the legislature or something like that, use article 14, right to equality, stuff like that. Just brainstorming few ideas here, don't have legal background. Maybe experts can give some ideas..

rajkumar (student)     08 December 2011

Mr mirage,

     Please read the section carefully "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 extend to three years and shall also be liable to fine". It is very well explained in the section itself that the women can file 498a against her husband or his relatives , so mil can file 498a  only against her husband or her relatives that too only within 7 years of her marriage . I hope now u are clear.

So mother-in-law cannot file 498a against daugher-in-law.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

Dear Ld. Makkad,

 

The contention is that DIL is also the relative of the Husband of MIL.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Manav Kalia (Arguing my own cases..)     08 December 2011

And where does it say that 498a can be only filed within 7 years of marriage??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

No where, it can be filed anytime.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Manav Kalia (Arguing my own cases..)     09 December 2011

Thanks buddy @ shonee

Akash (Service)     09 December 2011

My question is if there any time duration there after how many days of living together is required. If marriage happened in court but not a single day living together relation. Then in that case is it possible to file a case of 498a.

Manav Kalia (Arguing my own cases..)     09 December 2011

When 498a can only be filed on husband or his relative how is 498 possible without marriage?

Manav Kalia (Arguing my own cases..)     09 December 2011

Are the judges blind in India?

Manav Kalia (Arguing my own cases..)     09 December 2011

How can judges be following their duty when the law says husband and without marriage their is no husband. I think SC had rejected claim of 498a second wife when the first wife had not been divorced on the basis that second marriage cannot be maintained while the first marriage was in force legally. Question then is that are the judges in the lower courts sleeping?

Shantanu Wavhal (Worker)     09 December 2011

in this definition, 

relatives of husband = ppl. related to husband by blood ??

Manav Kalia (Arguing my own cases..)     09 December 2011

The definition says relatives of husband related by blood or by marriage.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 December 2011

@ Zeeshan

 

Valid marriage is a requirement of 498a. refer Raghothaman Vs State of Karnataka

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Akash (Service)     10 December 2011

ok  valid is required but  if not a single day living together relatoin then is it possible? I am in a trouble and she is now going to file this case.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register