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Jaya Pathak (Paralegal)     03 December 2014

Is 498a possible?

Hi,

 

I am seeking advice for my friend's daughter. The girl is being harassed by her in-laws. She has been married for 5 years and has a daughter. 

 

The girl recently on advice of her friends started to record calls of her husband, she found that in one of the recorded calls between her husband and his mother .... they are arguing and at one point the mother in law is saying to her son "kill her and dont come back to see me till then". The in-laws are staying seperately but the MIL controls her son a lot. Also further in the call when the MIL is saying "tell her you will give her divorce", the husband is also heard saying that he is going to leave wife and kid and never see their face. 

 

This call is almost 1 & 1/2 month old now and another issue is, this call was made when the girl and the husband were visiting the girl's parents in Aurangabad. The girl, her husband and in-laws stay in Nasik. Now the girl and her husband are back in Nasik

 

So my questions are:

1) Can the girl file a 498a? 

 

2) Where should the case be filed? Will there be jurisdiction issue since the call happened in another city? 

 

3) Any other advice will be appreciated?

 

Thanks

Jaya

 



Learning

 9 Replies

Adv Gaikwad 07385647897 (owner)     03 December 2014

Hi, Jaya instead of 498 a, the DV petition is the best option...contact me 7385647897.... Aurangabad

Adv Gaikwad 07385647897 (owner)     03 December 2014

Hi, Jaya instead of 498 a, the DV petition is the best option...contact me 7385647897.... Aurangabad

nikhil singh (Advocate)     03 December 2014

File a Complaint before the PS and hand over all recordings done by the girl. Later or sooner Divorce is confirmed.  So don't just sit and wait for any action taken by the boy. Its better to file a Complaint stating all the facts, roping Mother in law. File a maintenance Petition also. Complaint before the PS will help the girl to settle the matter on her terms at the end of the day. Jurisdiction can be any  where like Where girl is presently residing or her home town. 

Nikhil Singh 
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in

+917838078186

Adv k . mahesh (advocate)     03 December 2014

your discussion was on what you have recorded and after 1 1/2 month how is the behaviour of her husband 

and what exactly your friend daughter want means thus any reconcilement from this marriage or she want legal action to be taken with that only proof 

as discussed above once if she attempts any thing say compliant at police station, complaint on 498a, or case under domestic violence her marriage life is end and also what about even she is also wants the same then best option is first consult a local lawyer of your place and show the recording conversation and on what circumstances her husband and mil had such words described to be ascertained and a further course of action can be taken 

mere saying of such words and if they defend that those words are not there then so first show the recording to a lawyer then decide because here her small daughter is also involved 

Born Fighter (xxx)     03 December 2014

what has 498a to do with the happenings described in the case ? in 498a we are talking about dowry harrasment, filing false 498a cases is punishable and opposite party will get divorce automatically as per latest ruling.

If the call recording is true then you need to bring that to notice of local police station for safety of the women in question. Filing 498a means marriage is over. Act sensibly as there is a child involved. 

If relations are strained beyond repair file for DV,maintenance, divorce . Try for MCD to make life easier especially for little one

SuperHero (Manager)     03 December 2014

1. Say for e.g if she files the case then roam around courts and police stations.

 

2. If Husband contests the case then it will take 2 - 3 Years I guess.

 

3. Get divorce and alimony and maintenance for the child.

 

4. After all this Now the question is Does she want to marry again? or will she want to live her life on her own with the Child.

 

Make sure who ever the husband or wife what would be the consequences. She is the best judge of her life..

 

Life is important and Child's future is also important.

1 Like

(Guest)
Originally posted by : Jaya


Hi,

 

I am seeking advice for my friend's daughter. The girl is being harassed by her in-laws. She has been married for 5 years and has a daughter. 

 

The girl recently on advice of her friends started to record calls of her husband, she found that in one of the recorded calls between her husband and his mother .... they are arguing and at one point the mother in law is saying to her son "kill her and dont come back to see me till then". The in-laws are staying seperately but the MIL controls her son a lot. Also further in the call when the MIL is saying "tell her you will give her divorce", the husband is also heard saying that he is going to leave wife and kid and never see their face. 

 

This call is almost 1 & 1/2 month old now and another issue is, this call was made when the girl and the husband were visiting the girl's parents in Aurangabad. The girl, her husband and in-laws stay in Nasik. Now the girl and her husband are back in Nasik

 

So my questions are:

1) Can the girl file a 498a? 

 Yes.

2) Where should the case be filed? Will there be jurisdiction issue since the call happened in another city? 

 In girl's hometown.

3) Any other advice will be appreciated?

I advice you against filing 498a and also DV.  Advice if followed will be appreciated a lot.

 

Thanks

Jaya

 

Jaya Pathak (Paralegal)     09 December 2014

Thanks Helping Hand....I have advised the girl's mother to try to find the solution amicably with the in-laws and husband. 

 

BTW...just need clarification.... by hometown do you mean where her parents live?

 

 

Originally posted by : Helping Hand !




Originally posted by : Jaya







Hi,

 

I am seeking advice for my friend's daughter. The girl is being harassed by her in-laws. She has been married for 5 years and has a daughter. 

 

The girl recently on advice of her friends started to record calls of her husband, she found that in one of the recorded calls between her husband and his mother .... they are arguing and at one point the mother in law is saying to her son "kill her and dont come back to see me till then". The in-laws are staying seperately but the MIL controls her son a lot. Also further in the call when the MIL is saying "tell her you will give her divorce", the husband is also heard saying that he is going to leave wife and kid and never see their face. 

 

This call is almost 1 & 1/2 month old now and another issue is, this call was made when the girl and the husband were visiting the girl's parents in Aurangabad. The girl, her husband and in-laws stay in Nasik. Now the girl and her husband are back in Nasik

 

So my questions are:

1) Can the girl file a 498a? 

 Yes.

2) Where should the case be filed? Will there be jurisdiction issue since the call happened in another city? 

 In girl's hometown.

3) Any other advice will be appreciated?

I advice you against filing 498a and also DV.  Advice if followed will be appreciated a lot.

 

Thanks

Jaya

 




 

Jaya Pathak (Paralegal)     09 December 2014

BTW..... just a query why is 498a considered as only for dowry harassment?

 

If we read the section it has 2 clauses with a "OR" in between.  It does cover grave danger to life of the woman. 

 

IPC 498A is as follows: -
 
498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
 
 
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
 
 
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

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