(Guest)

498a:grounds

please tell what all grounds are required to file 498a ? i have no proofs against my husband for filing dowry complaints..... am separated since 18 months...... after 2months of separation i filed dv act case.....later after 1 year my hubby filed divorce on desertion and cruelty...... i hv not submitted my w/s.....now if i want to file criminal complaints/498a..so can i ?? or is it very late??

secondly after the separation i have contacted my husband many times on messages for reconciliation/staying together..... but in return he has always abused me on messages....... he has even threatened me....he said "i will kill u mercilessly......wapas ayi toh goli maar dunga" etc..etc.....and many more messages............ so are these msgs sufficient for filing police complaints/498a ??although these messages were exchanged after the separation...... if my hubby says ki maine msg kia isliye usney abuses/threats di toh is he justified ??

please tell when can 498a be filed ??

Reply Follow

6 Replies

Guest (Guest) 08 October 2012

These messages are miserably insufficient for a 498A case to stand on its legs in the court. In all fitness, your husband will succeed in quashing if he files a simple Criminal Miscellaneous in the HC. 498A comes into picture only if the harassment, physical or mental, is in relation to the demand of dowry. From the facts of your case it does not appear that there has been any dowry related harassment meted out to you. He could be prosecuted under the other relevant provisions of IPC but not under 498A.

So, don't bother filing 498A unless you have sufficient proof to substantiate your allegations of dowry harassment. Law ought not to be used as an instrument of oppression.

Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

2 Like

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 08 October 2012

Yes, Ashish said rightly.

What are the allegation in your DVC against your husband and what is his reply?

What is the reason for your misunderstanding?

Think wisely and cool . DVC is a plotform for amicble settlement and financial relief.

Forget about filing cases one after the other. Find out what is the real problem between you and solve your problem.

Don't waste time, money and energy (youth). Don't boil the heads, cool your hearts.

Good Luck

1 Like

Ranee....... (NA) 08 October 2012

You can file a Dv case to stay at hubby's residence using these sms.

2 Like

ragz hyder (PM) 08 October 2012

I am surprised Ranee did not recommend filing a flase 498A and use it for negotiation..harass them that they are falsely harassing you:)

Ranee....... (NA) 08 October 2012

Originally posted by : ragz hyder
	I am surprised Ranee did not recommend filing a flase 498A and use it for negotiation..harass them that they are falsely harassing you:)