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
6 Answers from Attorneys
Re: clarify the case
depends but not advisable
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.
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.
Re: clarify the case
Yes
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.
Re: clarify the case
Yes.
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