kumar (Manager) 18 May 2014

Dowry case on parents only

Hi experts,

In all the 498A/DV cases mentioned in this forum, the wife has filed 498A/DV against husband, his parents and his sisters/brothers (in some cases). I am interested to know is there any case that the 498A/DV is filed only against husband's relatives but not against the husband? If so can you please give me references if possible?

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6 Replies

Kapil Gupta (Advocate) 18 May 2014

Dear client, it's clear in law that the offender should be punished only and the victim should make a complaint against the persons only who are involved in such an offence. So, a bride can make a complaint against her in-laws only and exclude the groom. But if the groom doesn't try to make sure the safety of the bride, he automatically becomes an offender.

Dr J C Vashista (Advocate) 19 May 2014

The husband has to be made as accused, otherwise the complaint shall be on a loose ground and shall fail.

Laxmi Kant Joshi (Advocate ) 19 May 2014

Besides parent , husband has to be made accused otherwise the petition get dismissed/ rejected by the court by ordering husband to make alternative solution by living seperate .

T. Kalaiselvan, Advocate (Advocate) 20 May 2014

It is not mandatory that the husband has to be impleaded as accused in the said complaint. 498A is offence on cruelty. The cruelty can be done by in laws alone not involving husband for having stayed at other station or abroad or for many other reasons, It is to be seen that how far the case has got its credibility and merits.