Legal Question in Criminal Law in India

498a

Got married under HMA.IF wife has hidden her qualification before marriage and after knowing this husband and inlaws tortured her and compelled her to give divorce is this maintenable under 498a?


Asked on 5/03/09, 8:33 am

6 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: 498a

If essential ingredients of offence U/s.498A are present, then same is maintainable.

Read more
Answered on 5/04/09, 1:00 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: 498a

husband and inlaws cannot inflict cruelty upon you for whatsoever reason. in case you had hidden your qualification, there are civil remedies for that but their act of inflicting physical or mental cruelty upon you is not justified as per law. their act squarely falls under the mischief of 498a.

Read more
Answered on 5/04/09, 1:00 am
Pranav Desai PD Legal & Associates

Re: 498a

Yes

Read more
Answered on 5/05/09, 6:50 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498a

No 498a is for cruelty for dowry.

Read more
Answered on 5/05/09, 9:08 am
Rajneesh Malhotra Malhotra Advocates

Re: 498a

Question is very vague.

Has the divorce already been granted? or are they trying to force her into a divorce?

Wife can file for 498 if the husband and inlaws are compelling her for divore/dowry or are torturing her.

Read more
Answered on 5/03/09, 10:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498a

The husband and in-laws may be guilty of cruelty and domestic violence. The girl may not be held guilty of any concealment if the alleged false facts could be verified by due diligence.

Read more
Answered on 5/03/09, 3:17 pm


Related Questions & Answers

More Criminal Law questions and answers in India