Legal Question in Criminal Law in India

clarify the case

can a lady fight legal case of 498-A staying with the house of husband


Asked on 11/25/08, 5:41 am

6 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: clarify the case

depends but not advisable

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Answered on 11/25/08, 6:22 am
Nasir Butt Nasir Law Associates

Re: clarify the case

Yes, of course it is permissible. Relevant law is reproduced here:---

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.]

This may be considered taking into consideration all aspects.

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Answered on 11/25/08, 7:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: clarify the case

Yes, she can; If the husband is really committing any kind of physical/ emotional cruelty/violence, even she may seek a restraining order against the husband from entering the house. she may file a case under D.V.A.

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Answered on 11/25/08, 9:05 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: clarify the case

Yes

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Answered on 12/23/08, 5:15 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: clarify the case

yes, she can do that but it is very difficult to stay with the accused persons. she should be mentally prepared for the trauma.

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Answered on 11/26/08, 1:04 am
Shrichand Nahar S.V.Nahar, Advocate

Re: clarify the case

Yes.

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Answered on 11/26/08, 3:20 am


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