Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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supabcdefgh (teacher)     14 September 2012

Sad application of 498a

I just heard a story, Doubt if the storu can be 100% true. The person came to me as he was aware I was going through problems and may be aware of rule.

A girl married 5 years back. It seems husband has never touched me (Irrelevent if it is true or fallse). They live in house shared with a lady whose husband ina military personal who rarely comes home. It seems the lady though in 35-40 is more beautiful and attractive. It seems the man was sleeping regularly with this lady and pay her too, ignoring wife's physical requirement.

Recenltly the daughter shared this truth to her father. And when he suspected, he beat her up badly. She called and was adviced to lock herself up till help arrieved.

Relatives and thuis friend of mine in 60s, who is narating the story, goes to police and reaches. They find the girl badly beaten up and takes custody of the husband. In police station, he is badly beaten up. (is  it regulra story, can this be prevented?)

Now a case is filed against him. What case? A false case on advice of police and lawyer is filed stating that boy had demanded 10 lakhs as dowry and since this was not provided.. this happened.

Now: If this story will not last because a) Boy's parents are rich and he is doing a decent earning job. b) No history of past asking of money c) No past violence.

I adviced:

Negotiate, apply domestic violenece act and get restraining order. Ask for sufficient money as allimony and get out of this dead marriage.  I told him, his non-touching his wife, can be a ground of divorce, but how will she proove it?

Now the question is: was this false statement "Asked money and  giving it a dowry case look" important and necessary condition for 498a case?

When is 498a applicable and when is domestic violenece act applicable. We know former has 3 years jail and later is only a protection law.

can 498a be charged for dpomestic violennce when not connecred to dowry?



Learning

 1 Replies

Saurabh..V (Law Consultant)     14 September 2012

Dear Author,

 

I feel your words have been misplaced and very much jumbled. Try to make it more clear and write simpler english. You usage made me confused on who did what and now who is seeking what..

 

Please clarify..

 

//peace

/Saurabh..V


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