sharmilla ram (general manager) 28 January 2010

conviction

in 498a.for convication what is required.if all witness from family member i mean father brother,uncle.no injurey report.girl stated that my husband never beat me.no material proof for tourture.only one leteer written by husband n asking loan from ur parents to help which letter on husband return to her parents by demand draf which fatherinlaw accepted that i had given loan which he return back.is this money is enough evidence to conviction.charges only 498a.in 161 statment girl stated he took money which he return back.girl has given money 30k by draf which she took 40k with intrest by demand draf of her father name.pls some lawyer through light.

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5 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 28 January 2010

1) what are the complains of the girl?

2) what is the fact?

tell in this manner.

R.R. KRISHNAA (Legal Manager) 28 January 2010

Money received from father in law for loan purposes to settle other financial commitment/ loans does not amount to dowry harassment. It has been held by Hon'ble Supreme Court . As such there can be no conviction.

sharmilla ram (general manager) 28 January 2010

complain is 498a.charges is mental tourcher over phone .but no call detail n she does not know phone no. of husband.charges threting for divorce.being a muslim no need to threten only husband pronounce divorce is enough.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 28 January 2010

police can find it from the lady's call details. her mobile no & time is enough to find the other phone no. might be from a std booth.

anyhow it is not a good case of 498a, a phone call can not coercing her life.

mohamedan need not to threat for divorce. but according to shariat, male should warn her wife before talak. if he did so, then it not be a creaulity. it is a preventive measure.

Munirathnam (Scientist) 30 January 2010

For family needs if husband takes/ask money from wife or wife side people does not attract 498A . Even demand also does not come under criminal case due to urgency.

Normally husbnad who is cruel to wife, ask money and if wife fails to give then he cause cruelty to wife to meet illegal demands. This kind of incidents attreacts 498A.

In Sharmila Ram case in-laws gave money to husband and husband returned it back to them with interest that provide info on husband's honesty and the business done by in-laws. This doesn not come under 498A harassment.