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ram sharma (Software Engineer)     26 October 2013

Chances of getting convicted in 498

sir,

If in DV case no medical of injuries but other domestic violence matters proved. then what are the chances of getting convicted in 498?



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 8 Replies

Sudhir Kumar, Advocate (Advocate)     26 October 2013

vague query

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2013

 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.]

ram sharma (Software Engineer)     26 October 2013

sir, actually my wife is able to prove that we used to torture her by not providing phone and she was never allowed to visit her parents house because after marriage she never been to parents home. also she proved that i thrown her out of house and left her alone in the rented home and on requests still didn't allow to enter. so now i feel that she might prove that we have done domestic violence. then i want to know that what are the chances of getting convicted after domestic volence is proved?

ashoksrivastava (scientist)     26 October 2013

Originally posted by : ram sharma


sir,

If in DV case no medical of injuries but other domestic violence matters proved. then what are the chances of getting convicted in 498?

@ querist both are different cases.

For conviction under 498a following needs to be proved beyond reasonable doubt

1) there was demand of dowry and

2)there was harassment to extract dowry or

3) there was wilful life threatening cruelty.

regards ASHOK

Reformist !!! (Other)     26 October 2013

hw she proved all this.............did u confessed to something during cross ??? These activities are not related to demand of dowry....so i dont think conviction will come

Reformist !!! (Other)     26 October 2013

hw she proved all this.............did u confessed to something during cross ??? These activities are not related to demand of dowry....so i dont think conviction will come

ram sharma (Software Engineer)     27 October 2013

sir, actually i needed her phone so after marriage i had taken her phone and when i have to go out of india i again took her phone  and i mentioned in my complaint against her. 

Adv. Chandrasekhar (Advocate)     27 October 2013

The offence that is described in Section 498-A is more severe than the illegality defined in Domestic Violence Act.   Further, the quality of evidence required in the former is 'beyond reasonable doubt' where as in the latter it is 'preponderance of probability'.  Hence, you need not worry on that count.  That does not mean, independently, the prosecution may prove the charges on the basis of the evidence led in Section 498-A case.  That solely depends upon how prosecution brings home the charges, independent of what was proved in DV case.


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