Does ill-treatment allegation attract 498A IPC

Scientist

Hi,

 

Wife made allegation on husband that wife is ill-trated. Does ill-treatment allegation attract 498A IPC?

 
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Advocate

See section 3 of the DVA. Every ill treatment does not amount to domestic violence.
 
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advocate

She would have to explain what type of ill treatement.

 
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Middle Executive

But it is normal practice in Indian court to believe what ever the wife says. Isn't it so ?

 
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Advocate

only if ill-treatment has been done in respect of demand of some valuable security i.e. dowry. otherwise any other type of ill-treatment must be of such nature to drive her to commit suicide. if either of these 2 conditions is not satisfied, it doesn't attract 498A.

now in regard to Domestic violence, it is of civil nature, all reliefs are of civil nature, only procedure adopted is criminal.

 
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Advocate/Lawyer

Section - 498A.

Husband or relative of husband of a woman subjecting her to cruelty.

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 purposes 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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