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N.K.Assumi (Advocate)     15 January 2011

Husband keeping Girl friend attracts 498a as cuelty to wife?

Husband is having a nice girlf friend, is he liable for criminal action under 498A IPC by the wife as "Subjecting her to Cruelty" within the meaning of the said Section 498A of the Indian Penal Code?



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 34 Replies

Arvind Singh Chauhan (advocate)     15 January 2011

Sir If she is only a girl friend and their freindship is not creating any  interference in their matrimonial life, there is no cruelty otherwise it is 100% cruelty.

N.K.Assumi (Advocate)     15 January 2011

There is no interference in their home, as he is doing his duty as husband towars his wife, but he also loves his girl friend as much as he loves his wife, and the wife is very much hurt by his affairs with her husband's girl friend as they used to meet daily, and are just inseperable twosome. So does it amount to "Subjecting her to mental Cruelty" under Section 498A IPC?

Arvind Singh Chauhan (advocate)     15 January 2011

Sir, as above facts Yes!. Please correct me also.

N.K.Assumi (Advocate)     15 January 2011

Arvind, I am also curious about it, so let us wait for more postings. 498A " Subjecting her to mental cruelty"

MrSwaraj (Human Rights Activist)     16 January 2011

Hi People,

Yes, it attracts 498A. It clearly amounts to mental harasment to wife under section 498A of IPC as it results in mental cruelty.

N.K.Assumi (Advocate)     16 January 2011

Thank you Mrs.Swaraj, but what happened to our forum feminist vocalist like Roshni, Rekha, Suchitra S, Aishwarya etc etc? want to hear from them too besides Mrs.Swaraj.
 

mahinder kumar (law adviser )     17 January 2011

NO . this not correct , it is not the case of 498a and currelty . as mentioned huby loves to wife also and havinfg girl freind to whom loves equal to the girl .there is no paramemrtrs to iditify about as well mental haraesmanet to wife. girl is not treating as second wife and can not treat instruments for filing for 498a. there should be proper logick ,how wife is under mental crulty in THIS KIND OF advnace world only due to having GIRL FREIND. IN DELHI COURTS ,IT HAS BEEN DENIYED BY SEVRAL COURTS IN THE LIGHT OF RECENT REF. BY SUER.COURT OF INDIA

Smita_L01042008 (student)     17 January 2011

this is definately mental cruelty to wife and such husbands should be punished.

it is mental cruelty for a  wife to share her husband with some other girl no matter whether he loves them equally or whether other girl is nice or not. she has wedded to her husband and it is her marital right to have a happy married life with her husband. how can she tolerate that her husband loves her equally and not fully?

 i dont think a wife can have a happy life while sharing her husband with other girl. she will live with  fear, insecurity  that tomo her husband may leave her for other girl and also for the future of her children and she may be subject to physical and mental torture due to other girl.  for women belongs to orthodox families/ societies, it is difficult for them to live with dignity in such cases.   

 

such cases attracts section 498 no matter whether husband loves them equally or how nice that other girl is.

 

 

Smita_L01042008 (student)     17 January 2011

this is definately mental cruelty to wife and such husbands should be punished.

it is mental cruelty for a  wife to share her husband with some other girl no matter whether he loves them equally or whether other girl is nice or not. she has wedded to her husband and it is her marital right to have a happy married life with her husband. how can she tolerate that her husband loves her equally and not fully?

 i dont think a wife can have a happy life while sharing her husband with other girl. she will live with  fear, insecurity  that tomo her husband may leave her for other girl and also for the future of her children and she may be subject to physical and mental torture due to other girl.  for women belongs to orthodox families/ societies, it is difficult for them to live with dignity in such cases.   

 

such cases attracts section 498 no matter whether husband loves them equally or how nice that other girl is.


(Guest)

In a recent decision in Sunita Jha v. State of Jharkhand,  the Supreme Court has declared that the mere fact of another women living with the husband does not entitle the wife to sustain the claim of cruelty against her in terms of Section 498A of the Indian Penal Code. At best, according to the Supreme Court, such fact could be a ground to claim divorce. 

 

https://docs.google.com/fileview?id=0B6hXZkfsIpLQZDUxNDEyMmItNDlkNy00NWE5LTg2M2ItMDAyMTdkZWY5M2U1&hl=en_GB&authkey=CO7lyt4L

2 Like

(Guest)

I want to make changes in my previous reply... The above case stands on different footing.... In that case Suprme court held that girl friend cant be liable under section 498 A IPC. because she is not the relative of husband..... sorry for previous reply... Regards... Ajitabh Acharya

2 Like

mahinder kumar (law adviser )     18 January 2011

my dear freinds, i hv chkd up once again , still on same -- this is not the case of curlty  ,even in max. cases we are just puting the same lines u/s 498 a to make storng file but it is useless --AS GIRL FREIND CAN NOT BE TREAT FOR 498A . THANKS FOR THE SAME.

lissing perme (unemployed)     18 January 2011

Sir!!! what about this??

MONDAY, NOVEMBER 29, 2010

Supreme Court : Illicit relationship of married man is cruelty to his wife.

 Source :Indlaw.com

The Supreme Court has ruled that an illicit relationship of a married man with another woman amounts to cruelty to his wife. A bench, comprising Justices Harjeet Singh Bedi and R M Lodha, while dismissing appeal of Laxman Ram Mane from Raigarh district of Maharashtra, whose wife had committed suicide after being subjected to beating and humiliation by him when she objected to an illicit relationship, noted, 'We are of the opinion that an illicit relationship of a married man with another woman would clearly amount to cruelty within the meaning of Section 498-A of the IPC.'

mahinder kumar (law adviser )     18 January 2011

Sir!!! what about this??

MONDAY, NOVEMBER 29, 2010

Supreme Court : Illicit relationship of married man is cruelty to his wife.

 Source :Indlaw.com

The Supreme Court has ruled that an illicit relationship of a married man with another woman amounts to cruelty to his wife. A bench, comprising Justices Harjeet Singh Bedi and R M Lodha, while dismissing appeal of Laxman Ram Mane from Raigarh district of Maharashtra, whose wife had committed suicide after being subjected to beating and humiliation by him when she objected to an illicit relationship, noted, 'We are of the opinion that an illicit relationship of a married man with another woman would clearly amount to cruelty within the meaning of Section 498-A of the IPC.'

DEAR SIR,

THIS THE CASE OF SUICIDE ,SECOND WIFE NOT FOR GIRL FREIND ? WIFE IS HAPPY LIFE   ?


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