Legal Question in Civil Rights Law in India

File 498A aginst Muslim Husband

Can a Muslim wife file 498A aginast her Muslim Husband after living 10Years with 3Kids. Her family compel her to file 498A to control me.


Asked on 10/18/08, 4:13 am

2 Answers from Attorneys

Nasir Butt Nasir Law Associates

Re: File 498A aginst Muslim Husband

Section 498-A of Indian Penal Code is reproduced below:---

[CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

1. Ins. by Act 46 of 1983, sec. 2.

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 willful 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 meet such demand.]

Petitioner may filed by every person living in India irrespective of religion. The only thing which must be taken into consideration is existence of cruelty or harassment. You know better what is the real fact.

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Answered on 11/02/08, 8:04 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: File 498A aginst Muslim Husband

498-A is an expression of sufference by a woman in marriage when she is maltreated by husband or his family. there is no time limit for such a complaint. The right is available to every woman in India irrespective of religion.

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Answered on 10/18/08, 3:41 pm


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