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Siv (engineer)     14 October 2010

Suspecting wife charater attract 498A IPC?

Hi All,

Here is one situation described below:

 

"Wife was questioned by the husband about his doubt that she has an affair with soem one (not known to husband). Husband refused to live with wife and wife left matrimonial home and then filed 498A case ...."

 

Does this kind of incident attract section 498A of IPC assuming that this is happened and wife bring the witnesses all are say eye witnesss of the incident  ...



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 October 2010

Though suspecting character is a kind of mental cruelty to any person, but so as to attract s. 498a, just mere questioning the wife about her affair won't be enough. If the husband tortures her physically / mentally because of his suspiction then it will be cruelty u/s. 498a.

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     14 October 2010

It does not attracts 498A.  The offence 498A attracts when demand for dowary is made.  In the recent judgements and reports 498A is legal terrorism and mere demand for dowary does not come within the purview of 498A


(Guest)

Marriage is faith based institution. Sorry this is a very serious case under 498a. Husband refused to live with her on suspicion which was his own creation, so wife had to leave him. Its both physical,mental,defamatory crueltly. Such men are better off in jails. Refusal by husband to live her is cruelty indeed,especially when wife was forced to leave him because of his suspicious nature.

1 Like

aatma   15 October 2010

In 2009 Supreme Court of India reconfirmed the definition for section 498A as below:

6. The ingredients of Section 498-A are 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.”


Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman are required to be established in order to bring home the application of Section 498A IPC.

This is the definition to bring the IPC498A. But as you know indian police and judiciary will not follow the law.  Whatever woman gives in the complaint police immediately file FIR and submit the same to the magistrate.

You have to teach them what is law in the trial. Otherwise you cannot surive in india. Sometimes you have to go to the higher courts to get the justice.  There judge will readout the law and explain the definition of the section to the PP.  This is the sad fate of innocent indians.

2 Like

Siv (engineer)     15 October 2010

Hi Brutus, I agree with you some extent but is it comes under section 498A IPC or not? This husband has to prove her affair with some one before making this comment on her else he should be punished for his comment on her.... but I believe the punishment for him is not under section 498A IPC and it could be under other section of IPC. Am I correct ? Please correct if I am wrong.

(Guest)

@Siv: It does not come under 498A. Its more in the nature of Human Rights violation. Our world's longest constitution doesn't have the Bill of Rights. Fundamental Rights and Liberties exist only on paper. Judges these days swear only in the name of Keshsvanda Bharti case or A. K. Goplan case. Unfortunately the entire selection process is rotten and over 200% politically motivated.

sachin sethi (Advocate (Crimial Law))     16 October 2010

i agree with adv. rajeev.

MASTHAN (Self employeed)     06 December 2010

Hello Shiva,

 

Let me explain your judiciary system.

 

Let us assume that there are two married couples couple-1 and couple-2. Let us assume husband in couple-1 has illegal physical relation with wife in couple-2.

 

1. In the above scenario if husband in couple-2 says that my wife has illegal affair then he is punshied u/s 498a under mental curelty  because there is no proof.

 

2. In the same scenario if wife in couple-1 says my husband has illegal affair then polices will register adultery case...and also 498A case against her husband (because of his external affairs he is neglecting his wife and he is harassing his wife). After registering the case if she fails to prove that there is illegal affair then judge close the case as "prosecution failed to prove the offence" . But in case (1) if the husband files a case against his wife without proof then it becomes under mental cruelty , sadisam, wants to leave his wife thats why making false allegations...etc.

 

What our judiciary system doesnt understand is when there is a illegal relationship the role of men and women is same. But when it comes to registering a case against men and women it is not same.

 


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