can wife file again and again file 498A.
S.B _Kolkata (Service) 07 February 2010
vijayan (lawyer) 07 February 2010
A criminal case can not be filed again and again. one case is enough , if there is evidence.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE .09271971251,
e.mail..adv.nbsawant@yahoo.co.in
REGARDING THE CRIMINAL CASE UNDER SECTION 498A KINDLY NOT E THAT
1.SECTION 498A WAS ADDED BY AMMENDMENT TO INDIAN PENAL CODE.IT COVERS DEMAND FOR DOWRY AND HARASSMENT OF MARRIED WOMAN FOR THE SAME BY HER INLAWS.
2.AN OFFENCE CAN BE FILED AT THE NEAREST POLICE STATION ON THE BASIS OF COMPLAINT FILED BY MARRIED WOMAN FOR HARRASMENT FOR DOWRY DEMANDS BY HUSBAND AND HIS RELATIVES.
3.KINDLY NOTE THAT FOR THE SAME CAUSE OF ACTION AND SAME OFFENCE ON ANY PARTICULAR DATE TIME AND PLACE ONLY ONE COMPLAINT CAN BE FILLED AT THE POLICE STATION HAVING AREA JURISDICTION.
4.BUT IN CASE AFTER FILLING THE COMPLAINT UNDER SECTION 498A OF INDIAN PENAL CODE TO THE POLICE STATION POLICE TAKE ACTION AGAINST ACCUSED HUSBAND AND HIS RELATIVES AND ARREST THEM AND PRODUCE THEM BEFORE THE COURT WHERE THEY CAN APPLY FOR BAIL AND CAN BE RELEASED ON BAIL.BUT SUBSEQUENTLY IN CASE THE WIFE WANTS TO COMPROMISE THE MATTER AND WIFE REJOINS HER HUSBAND AT HER MATRIMONIAL HOME AND GIVES HER EVIDENCE ACCORDINGLY AND ACCUSED IS ACQUITED .THEN IN SUCH CASE IF WIFE GOES BACK TO HER MATRIMONIAL HOME AND STAYS WITH HER HUSBAND AND HIS FAMILY .AND AFTER FEW DAYS PERIOD IS OVER AGAIN HARASSMENT OF WIFE RESTARTS FOR DOWRY DEMAND THEN IN SUCH CASE WIFE CAN FILE COMPLAINT TO THE NEAREST POLICE STATION AS DATE PLACE AND TIME OF OFFENCE WILL BE DIFFERENT.THERE IS NO BAR ON FILING A SEPERATE FRESH COMPLAINT FOR ANY SUBSEQUENT OFFENCE UNDER SECTION 498A OF I.P..C. PLEASE NOTE.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE AND SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE
Pragnesh Nathavat (physical therapist) 20 March 2010
yeah, any wife can file 498 A complaints whatever number of times she wishes. Laws favour the woman. and all luxury is there for them. So if you want to live long, and if you are not a stupid; you should avoid the re-entry of wife into your home by any means after she files 498A first time only. Who guarantees..she can again go wild? be safe dear.
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