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Pavitra Prabhakar (MBA)     04 June 2012

Can 498a be filed against girl and her family

In a recent judgment by Hon. Judge Sunil Mishra in Jabalpur court directed the police to file a 498a case against a girl and her family on husbands petition as in FIR she claimed to have given Dowry.

I  would like to know as in FIr filed against me in 498a , wife declasred that her parents given me dowry of lakhs of rupees , as Dowry lena and dena  both are prohibited  so can I request court to take action against the wife and her family.


 7 Replies

M.Sheik Mohammed Ali (advocate)     04 June 2012

depends upon the evidence and cruelty of the wife, when proved by the husband can file FIR against wife.

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     04 June 2012

yes it is offence on both the side. 

1 Like

Saurabh..V (Law Consultant)     04 June 2012



This is irony in our country that where thousands of persons are punished under Dowry Prohibition Act for taking dowry but vice-versa seldom happens.


In your case if you are going to court with an intention to get ruined before you ruin your wife and her family, you are free to do so.


However in my suggestion, if there are possibilities of amicable settlement, please give it a try.


I can tell you from my experience that it's better to not fight a court case at all than to undergo endless trauma for many years.


Choice is yours.


Answer to your query already given by above learned members.




1 Like

Pavitra Prabhakar (MBA)     04 June 2012

Saurabh V.

we tried all horizons for the solutionbut that lady is confused at present she is stating that she wants to live with me , earlier demading huge amonut of money,..

What can  i do ?

cm jain sir (ccc)     04 June 2012

DP Act section 3 can be filed.

pls show ur fir/cs to some good advocate and go ahead in the said conditions!

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2012

Good Judgment.


Shonee Kapoor

Deep Narayan (learning)     06 June 2012

I think 498a indicates  Husband or relative of husband of a woman subjecting her to cruelty so filing these case against wyf will not make much impact against them also want to say if any impact is made it should be supported by loads of evidence by boy's side.


If u are accepting that u r taking dowry then u r also guilty as the parent of girl's family.

focussiong attention toward DV act.DV act is also made to protect women(wife,mother and sister),

so ur wfy can use it against u family.

ur sister or mother can use it against ur wfy bt u can't use it.

there are many counter cases available to deal with false cases of 498a so why think so this unusual path which is not applicable everywhere.

false cases donot long run and they have to lose. 

1 Like

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