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Harrassed _by _498a (Executive)     12 November 2013

Is arrest madatory in 498a ?

Hi experts is arrest mandatory in 498a ?





 5 Replies

Ashimta Lekhi Malhotra (Independent Lawyer)     12 November 2013

Please talk to your lawyer.

fighting for my brother (HR)     12 November 2013

as per our brother personal experince, till now no arrest.. chargsheet submitted 3 months back FIR was lodge 1 year back.. no hearing till date..i have heard that in UP, from last 2-3 years , arrest is not required unless its very severe injury to wife..as 498 is being misused.. dont worry.. if you worried abt arrest, just keep seeing other post see their exp.

please avoid this lekhi..she is frusted lady

Please Help Me (ITA)     12 November 2013

dear friend .. arrest is not mandatory after crpc 41 ammendment .  and thats what usually honest IO will do .. he will not come to your house to arrest you .. but its girl family who create pressure on IO for arrest .. if girl family go to police after FIR is registered .. police will come to your house to arrest you .. best is to hide your self if fir is registered and apply for AB .. most probably case will go for mediation and you will get interim relief

i am going thro same situation ..

T. Kalaiselvan, Advocate (Advocate)     12 November 2013

The offence u/s 498a is a non-bailable offence however it depends from place to place about making an arrest or not.  Mostly in the entire states of the country, the police are not very serious about arresting the accused until and unless they get pressures from their higher ups/complainant's side.  You cannot ask the police to not to arrest you under the said provisions of law instead to obtain an anticipatory bail and move around safely. 

sagar jadhav (employee)     12 November 2013


Sorry to hijack ur thread,but can Mr T. Kalaiselvan, Advocate ,share knowledge of situation as below

Both married at place B one yr ago and seperated 1 month stay 

Husband has place A as permananet and wish that wife send notice at same place whr his family resides

marrige counseller has report ready where wife never mentioned about dowry


Both A and B are in maharashtra but husband is now out of state



how will pipeline go


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