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ashok kumar (Social Worker)     31 May 2016

Which criminal law is applicable?

Which Criminal Law is applicable?

Whether these actions of the Husband constitute a crime? If so, under which Law & what Sections? (a) Husband suggests his wife to marry his friend? (b) The Father of the Husband frequently enters the room of the lady when she is alone despite admonishing him not to do so? (c) The Husband abuses the wife with bad words on any smallest mistake or even without any mistake? (d) The husband forces the Lady to Phone her parents nd say that she is not happy with the Husband and that she wants a divorce (The fact is just the reverse) (e) The husband slaps the wife and all other Family members watch and say or do nothing. Are the other members also partner in crime?



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 16 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 May 2016

Prima facie is not chargable to any IPC at all.

 

Please check my profile to know the defination of cruelty u/s 498A.

Pawan S (06292021602) (Advocate)     31 May 2016

If you slap someone, be it man or woman the IPC section applicable is IPC 323. The wife can also file 498A (clause a),  for mental agony caused by her husband.

Jayashree Hariharan (Advocate)     31 May 2016

or go in for case under domestic violence act, if she has been married for more than 8 years, then the dowry harrassment case doesnt stand.

 

Sudhir Kumar, Advocate (Advocate)     31 May 2016

Originally posted by : Mrs. Jayashree Hariharan
or go in for case under domestic violence act, if she has been married for more than 8 years, then the dowry harrassment case doesnt stand.

 

7 years period is relevant for presumption undr S/304(b) if death takes place under unnatural circumstances.

 

Not understood how and under which law one is immuned from crime relating to dwory harassement simply because marriage is 8 years old.  I shall be elightened if the rule could be highlighted.

 

Sudhir Kumar, Advocate (Advocate)     31 May 2016

(a) Husband suggests his wife to marry his friend?

you know that such marriagee is illegal.  If tue he is just asking wife for illegal cohabitation.  He is punishable for immoral traffic.

 

(b) The Father of the Husband frequently enters the room of the lady when she is alone despite admonishing him not to do so?

this inapproiate behaviour if done which the DIL is in privacy condition amount to offices  newly added to IPC.  Full circumstnces need to be seen before final comment.

 

(c) The Husband abuses the wife with bad words on any smallest mistake or even without any mistake?

whether the bad words amount to outraging modesty or not , it is not clear.  but 32 applies. Domestic Violence applies.

(d) The husband forces the Lady to Phone her parents nd say that she is not happy with the Husband and that she wants a divorce (The fact is just the reverse)

Domestic Violence

 

Sudhir Kumar, Advocate (Advocate)     31 May 2016

You have basically set question paper which normally I do not reply.

I  however still replied because you disclose yourself as social worker.

 

You have not given full facts of the case so a better advise cannto be given.

Pawan S (06292021602) (Advocate)     31 May 2016

Originally posted by : Mrs. Jayashree Hariharan
or go in for case under domestic violence act, if she has been married for more than 8 years, then the dowry harrassment case doesnt stand.

 

498A is not meant for DOWRY harassment only. 

ashok kumar (Social Worker)     31 May 2016

Thank U Sidhirji for your intelligent gudiance particularly on Q No (a)

U have been sending me good Replies always

Abt this case U may be surprised that the marriage lasted for 48 hours

For your knowledge I am attachuing the complete facts


Attached File : 123282 20160531200852 729753677 case synopsis.docx downloaded: 71 times

Sudhir Kumar, Advocate (Advocate)     31 May 2016

not able to read attachment


(Guest)

498A is not a catch-all term that can be attracted by anything that wife dislikes

General acts of cruelty do not attract 498A. The cruelty must be to such an extent that it can cause loss of life or limb or push wife to commit suicide. Or it needs to be proven that the acts of cruelty were willfull and made in connection with non-fulfillment of a dowry demand.

Judges have taken this definition very strictly. Reading verdicts from trial courts in 498A cases is very illuminating to understand the currently accepted definition of cruelty under 498A. Below are some example arguments that judges have made in real cases to dismiss certain allegations of cruelty. 

Acts of cruelty proven after the dowry demand was fulfilled do not fall in the scope of 498A. If the dowry demand was fulfilled no question arises of future acts of cruelty connected to that demand unless a new demand for more dowry can be proven. 

Few instances over couple of years of mental cruelty cannot be brought under purview of 498A. Mental cruelty has to be sustained continously over period of time in order to be considered severe so as to push woman towards suicide. Short marriages of 1 week or 2 weeks without any proof of physical cruelty and mere claims of severe mental creulty have been demolished by courts several times. 

Demands for monetary contribution towards home expenses from wife's salary or from inlaws for purpose of dire needs like medical expenses etc. have also been discarded from definition of "dowry" demand. Dowry demands are only such that they are connected with the marriage. 

Mental cruelty is weighed together with socio economic status of wife. Harsh words said to a woman who has little exposure to the world outside her home can be seen as cruelty. Similar words said to a woman who is educated and works in professional disciplines cannot be called cruelty. 

Husband saying something but wife interpreting it in a different way which causes her agony is not cruelty. Prosecution has to prove beyond doubt that the act was willful and intentional. Also if he says something in anger because of something that is unconnected with dowry demands also cannot be covered under 498A. 

I am surprised when legal professionals throw out 498A for everything under the sun. This is a very narrowly defined law covering very specific incidents that need to be proven beyond reasonable doubt.

 

 

ashok kumar (Social Worker)     01 June 2016

True Autohide

I agree with U But I think the Lawyers must not be blamed for that!

It is a question of Interpretation! And when there is a dispute we do exaggerate things!!

And because teh Lawyers have raised issues that is Y the SC got the opportunity to settle the issues and give teh meanimngful interpretations

Pawan S (06292021602) (Advocate)     01 June 2016

The points that querist has mentioned under point c & d will also fall under 498A. Because these points sound like a continuous harassment over a period.

In any case, it depends on the wife, how she wants to represent her case to extend up the different allegations with different charges. It solely depends on the wife’s intention.

 

 


(Guest)

Totally agree with Ekta that it is all up to intention of complainant. Exaggerations and embellishments are commonly used to make a prima facie 498a case. However very few cases seem to withstand trial. If you see recent trends, if wife is alive and no physical injuries proven via medical evidence, then courts have been reluctant to convict under 498a. So if intention is to get conviction, most allegations mentioned here are not useful. If intention is harassment and getting compliance of some other demand of wife then yes 498a is effective (with weak minded men). But beware that pursuing litigation with this intention is also a crime and recent scale of rape/dowry law abuse has started turning the tide where such malafide intentions are being seen with seriousness.

It is my opinion that now it is only a matter of time before someone is able to win a conviction with serious jail time for women's abuse of rape/dowry laws to meet unlawful demands.

Pawan S (06292021602) (Advocate)     01 June 2016

agreed with you too, autohide147

 

Regards,

Ekta

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