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rsingh (OWNER)     10 September 2012

Can a widow file 498a cases against in laws family

Is it permitted by law for a widow to file false cases like 498a against in laws family to have bigger share in husband’s father’s property? Kindly guide.



 6 Replies

Kiran Kumar (Lawyer)     10 September 2012

no law permits filing of false cases.

 

if she has filed some complaint or FIR then let the allegations be refuted on merits and if she is found guilty of perjury then let her be prosecuted as per law.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 September 2012

498a can be filed against the husband or his relatives or both, so a widow can very much very prosecute her in laws after her husband's death if she has been treated with cruelty within the meaning of S.498A. However filing such cases for getting a share in property is an abuse of the process of law.

Adv. Bharat Chugh

1 Like

Guest (Guest)     11 September 2012

Law does not allow itself to be used as an instrument of oppression.

Widow has along with her children and mother-in-law an equal and indefeasible share in the property of her deceased husband. This share can be culled out anytime by filing a suit for partition. If she files a false case u/s 498A the in-laws can apart from disproving her allegations at the trial, also move the HC for quashing of FIR.

 

Ashish Davessar

Advocate

Supreme Court of India/ Punjab and Haryana High Court


1 Like

dr.pawan rajyan (member and secretory)     11 September 2012

agreed with all above experts.


(Guest)

Dear Friend see section 498A

this offence against Husband as well as his relatives.

So yes she can file case against nearest relatives.

Bhawani Mahapatra (Law Officer)     12 September 2012

This is why some people are raising their voice to form National Commission for Men.


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