Dear members
I would liketo know the information and time limit for filing IPC 498A case on grounds of cruelty for wilful conduct by the husband to drive his wife to commit suicide.
Facts of the case: X got married in 1994 in chennai to an Engineer who was working abroad in gulf. The marriage was an arranged one and registered in chennai. A girl baby was born out of the wedlock in Sep 95. Meanwhile the husband had got job in Malaysia in July95 and left the wife at her parents place for child birth. The husband did not come when baby was born. After repeatedly asking him to take the family to Malaysia, he sent visa papers for wife and child in May 96 and she joined him soon after along with child. On reaching she found evidences of illicit relations of her husband with other woman. In June 96, when she shopping with her husband at a mall, he was caught for shoplifting by Malaysian authorities. X and her child were not allowed and she did not know what happened. She came home and continued the relationship in interest of her child. But slowly his activities were becoming very suspicious. He came home at night 2 am and said that he had to see a sadhu who gets his powers at 12 midnight etc etc.. Meanwhile he forced X to take up job illegally and made her to leave the baby at her mothers place. within months she lost the job as no work permit was granted which her husband had promised that she would get it and not fear without workpermit working. He then asked her to apply as student to go to US and that he would join her on spouse visa. X returned to India to take her child back to Malaysia but her husband stopped her from coming stating visa problems. 4 mths passed but he did not turn up. Then in Dec 97 he came back and she was shocked to find out that his mother was accompanying them when he had not ever mentioned . Meanwhile X had a small operation for which she was laid back physically. On top of this the process of US student application was initiated by him. There were tensions because of this and with all these they - x, child, husband and mother in law(MIL) flew to Malaysia. There MIL created lot of tensions between X and her husband by constantly commenting and nagging that her son had made the wrong choice by marryg x, still engg and doctor girls ready to marry him, that X parents cheated them by marrying off a mad girl to her son, & men were supposed to have affairs with many women and wife duty to adjust....etc X even told abt shoplifting to MIL which she left off lightly as if men had a right to do such acts.. This shocked X and with the abuse growing she was mentally unable to decide what to do..On Jan 1 1998, the husband and mother started off by verbally abusing and mentally torturing X. MIL started her fake cries and said she should not have seen that day alive. X's husband added to the fire and tortured X verbally and mentally stating she should be in the police force and that she was thickskinned and that she would kill his mother but will not die herself etc etc...This mentally affected X and in a fit of rage driven by her husbands taunts she consumed many paracetomal tablets to prove that she loved her husband and that she was not one of those who will think of kill others but would kill herself before anything. X had no intention of criminally intimidating her husband and neither she knew any such criminal law. Later she was taken to hospital on her collegues persuation and for her daughter's sake… and treatment was given . Even on returning home from Malaysian Govt Hospital, one morning there was a suspicious gas leak in the morning when X usually wud be the first to switch on the gas for Tea. X simply switched it off and opened windows etc. Also when X was holding the child in her hand and stdg near open window –8th floor, he tried to snatch the child and do something which X later understood from his Divorce Notice that he had intended to throw her down 8th floor as he had stated the same incident stating that X had intented to kill her child by throwg from 8th flr much against motherly love and had pleaded divorce on such grounds of cruelty by wife. Meanwhile X did not want to worry her parents and hence did not tell them but had expressed her desire to her husband to go home temporarily after so much had happened and he decided to leave X at India and accompand her and whole family came down on Jan 21 1998 and the husband left X and child at her mothers place stating he will return to pick X. Thereafter he never saw her or communicated. A family meet arraged where his family recommended that X see a psychatrist-Dr Mathrubhutham and keep the papers ready and he would come in May08 when his contract in Mylsia over and will take X and child. Believing this and to mentally stabilize herself, X waited. In May she was never informed about her husband return , so X called up and the family hung up the phone on her face. He did not talk and when X wanted to know the future of the child...and X family demanded an explanation he sent a Divorce Notice with all lies and a statement that X came on her own to her parents place and took her jewels with her at that time when in fact all her jewels were with MIL locker. For the sake of saving family from breaking and not to make the child fatherless, X made every attempt to search for her husband and reach him. On reaching him at a SAP Trng Institute (which sends students to US), he threw her and child on the road and ran away... There after the Divorce case filed at CBE by husband was trf by X to chennai..She attended the hearings but not her husband.Even when he came he kept on statg that X was mad and she gets madness fits on full moon days etc and that he should be given divorce on cruelty.. also he stated to Judge that he had X jewels but would give only 5% back..She could not file any police case for recovery of jewels as a civil suit was in progress. Ultimately in 2001 case dismissed for default of appearance by husband. In the meanwhile no information on whereabout of the husband. After dismissal , police case filed u/s406 IPC and in 3 mths time all jewelsand stridhan recovered from MIL at Coimbatore with police help. Husband missing then and thereafter no means of finding him. Police advised not to pursue any further criminal action as impossible to find and locate husband. X buries the entire issue and moves on .
Now in Dec 2007 husband appears at X house demanding to see child. X states that he should see the police/ lawyer.. but he runs away . Because of the adamant nature of her husband and the scene created at her building where many other families also live, X investigates abt her husband's whereabts and tracecd him to US. He has registered properties in his name, and is living there .It was very difficult to find information on his employers etc but all of them denied having any connection with him. He has a phone which X verified and on finding out ..her husband does not attd any calls.
Question:
Does the above facts fall under the definition of cruelty u/s498a-IPC. If yes, can X file cruelty u/s498a on her husband presently residing in US.. after a gap of more than 10 yrs. How can she maintain this case from India when she has no jurisdiction there. What is the correct procedure for initiating action on such a case. Is it possible even to serve a notice on him at his regd address if x files a FIR now. As the cause of action of suicide was in Malaysia, can she proceed to take police action in India with mlysn doctors card etc as evidence of suicide. X has not filed any criminal or civil case –(maintenanceof child or wife) as of yet agst her husband as she was busy raising her daughter and wanted to keep her child away from this. Now her child is grown up. X wants to pursue this not for any monetary demands or settlement. X want to pursue this for justice and legal rights so that this does not get repeated with anyone including her daughter..every women wants to run away as she is afraid to confront such cheap people who always have their own ways to get rid of such cases , also unnecessary waste of time etc etc.. In the backdrop of cries over women misuing s/498a and its subjective nature of proving wilful conduct etc, even genuine cases do not see the light of day.
Please give ur valuable advice for which I will be ever grateful…
