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Desertion and 498a

I came to know that desertion helps in 498a.

I have more than 2 years desertion from FIR date.  In what way it can be useful in 498a?


 6 Replies



Sudhir Kumar, Advocate (Advocate)     13 April 2013

wife if harassed for dowry has an option to leave does not expect her to bear torture and only then charges could be proved.

Sudhir Kumar, Advocate (Advocate)     13 April 2013

repeated at

Adv Archana Deshmukh (Practicing Advocate)     13 April 2013

It all depends upon the facts and circumstances of every case whether it is the wife who was deserted or it was the husband who have actually deserted the wife. Belated filing of FIR does cast doubt on the prosecution story but delay if properly explained is not fatal. But if the wife has deserted the husband wilfully without any reasonable cause and have filed the case for some ulterior motive then, these facts can be brought before the court in the cross examination and can benefit the defence.

1 Like

Aditya Bhatnagar   29 March 2020

what if the wife is not living with husband after marriage and wife is living with her parents and husband and wife has not contacted each other from 2 years. also no FIR is there. then how can they get a divorce. Request you to advise

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 April 2020

The question itself is not clear. 

Also, desertion is post FIR, so how does that help the accused.



Shonee Kapoor 

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