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498_final stage (Professional)     06 May 2013

498a definition of cruelty

Can you explain what is cruelty under 498a. In my case the woman has been going to office and earning a good sum of money while filing 498a on my parents, sister and me. If someone is able to go to work then what kind of cruelty is done on her when her regular life is not affected?

How district court Ghaziabad see such matters? Does audio recording where wife threatening to file false cases makes any sense to be produced in district courts?

Kindly advice.



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 12 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     06 May 2013

Dear victim, Cruelty does not mean physical but it includes mental also which includes taunting and commenting suffice. If wife is threatening you have the audio recording then you can file counter complaint and FIR can be lodged. You can contact lawyer doing practise in criminal, he can help you. Rajiv Bhasin Advocate 9811210505

498_final stage (Professional)     06 May 2013

Dear Mr Rajiv,

That means if wife is not happy with anyone then she has right to file 498a? And what if she is unhappy because of other reasons? Still she is mentally harrassed?  Is it considered as crime if somewhere wife is opposed? I think difference of view point exist in families and everyone has right to express.

shamataneja (Advocate)     06 May 2013

what type of cruelty she is affected. Cruetly is not necessarily physical it can be mental pressure or lowering her dignity .etc. Is your wife affected by some financial burden

498_final stage (Professional)     06 May 2013

I dont think she ever had financial burden. What she had and has is EGO. She want to pull everyone down. Marriage is hardly 5 months old and she filed 498a. Looks like everything was pre planned and we are trapped by a gang

Aneesh Trivedi (Advocate)     06 May 2013

yes this happens yu are not the first person i m suffering the same you can read my story form my post

498_final stage (Professional)     06 May 2013

Hi Aneesh,

Tell me more about your case. your share your email id and we can connect there. In which state are you fighting your case? 

Aneesh Trivedi (Advocate)     06 May 2013

I am from madhya pradesh my mail id is barsati10@rediff.com

waiting for you mail

thanks

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     07 May 2013

Victim,

Once she had filed the FIR against you due to any reason, you are in problem, you have to face it. You just find out her mistake which she must had  made out during this process, you can counter attack her. Because the complaint u/s 498a had not happened overnight, it must indicating you much earlier, but you did not botherd it. That could bo avoided if you heard her knocking earlier and  had started your cure much ealier, but now you just face it or counter attack it.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     07 May 2013

Victim,

Once she had filed the FIR against you due to any reason, you are in problem, you have to face it. You just find out her mistake which she must had  made out during this process, you can counter attack her. Because the complaint u/s 498a had not happened overnight, it must indicating you much earlier, but you did not botherd it. That could bo avoided if you heard her knocking earlier and  had started your cure much ealier, but now you just face it or counter attack it.

498_final stage (Professional)     07 May 2013

Dear Mr Singla,

 

Thanks for your response. I have faced FIR and mediation as well. Mediation has failed and now we are likely to face trial in Ghaziabad District court. Yes she has made mistakes like first filing a complaint in Gurgaon and including all my family members names who were not living with her there. Then her mother in Gurgaon police station said that she would proceed from Ghaziabad or Kanpur. So that clearly talks about their intentions. Also after that they attacked my house in Ghaziabad with a Gundaa and made a scene in public. I reported that incident directly to SSP Ghaziabad office.

She was threating me from the first month of the marriage. I did audio record of those statements and made Mahila IO listen to it as well during mediation before FIR. Dont know if that can make any impact. I also have no clue how this kind of evidence would be seen in the district court. So need your input on how to use such evidences.

Before filing 498a this witch also wrote me emails in which she clearly mentioned that she want a divorce from me.

Kindly suggest.

Want to Live (NA)     07 May 2013

Dear LD members,

@Rajiv Bhasin

Cruelty does not mean physical but it includes mental also which includes taunting and commenting suffice.

If there is no phyicial abuse, no medical report, no police complaint, no other written correspondece to her family regarding ill treatment at husband's home.

Then??

How can court establish that mental cruelty has been meted on wife during her stay in matrimaony home.

1-Only her verbal statement is enough to nail the husband & his family.

2-No other witness expect her family members who claimed dowry demand & ill treatment.

how can court decide that mental cruelty has been done????

498_final stage (Professional)     07 May 2013

I agree with Rajiv. Mere statement from BAHU can not suffice. There has to be a legal proof that something which is said or done had some impact on her life and she was forced to commit suicide or attempted suicide. 

 

 

Explanation - For the purpose of this section 'cruelty' means - 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or 

to cause grave injury or danger to life, limb or health whether mental or physical of the woman; or 

(b) harassment of the woman where such harassment is with a view to coercing her or any person 

related to her to meet any unlawful demand for any property or   valuable security or is on account of 

failure by her or any person related to her to meet such demand."


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