Legal Question in Criminal Law in India

498a

Hello I am Hindu boy got married under HMA in India.I work in UK in temporary visa.I took my wife with me in UK.Later on due to differences i told her to go back to India.She went there.Then she filled maintenance under section 125.When she was in India she expressed her desire to join me in UK.I told her i am not interested to continue the relation with her.Inspite of that she came back.When she came back i move out and left my appartment for her.She tried to contact me during her stay in UK.But i did not keep in touch with her inspite of her request.I also served her divorce summon in UK.But i sent her money to support herself during her stay in UK.I even offered her money for divorce which she refused as she is not interested in divorce.Now she has lodged 498a against me after going back to India on the ground of mental cruelty that as a husband i did not keep in touch with her or refused to meet or talk to her though she had visited UK just to stay with me and sort out the differences.Is this ground maintenable under sec 498 ipc?


Asked on 2/06/09, 12:54 pm

5 Answers from Attorneys
pramod kumarojha advocatepramodkumarojha

Re: 498a

Yes

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Answered on 2/07/09, 9:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498a

Yes, that is a very strong ground for her to seek your criminal prosecution in India. You may also file a DVA case against you.

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Answered on 2/06/09, 6:22 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498a

No 498A is cruelty for dowry demand

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Answered on 2/07/09, 12:23 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 498a

Hello.

Good Afternoon.

Yes she can sue you under criminal prosecution.

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Answered on 2/07/09, 3:33 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 498a

If case in only on the ground of non-provision of bed to wife in USA, then no case U/s.498A made out.

However, kindly read the complaint registered fully with the help of your lawyer.

If nothing further then what you have stated is made out from the complaint, then you can consider approaching the superior courts for necessary orders.

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Answered on 2/07/09, 3:40 am


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