Legal Question in Criminal Law in India

D V Act, criminal law, 498a

married since 2 years;relations between self and wife strained for past few months since she has been brainwashed against me and my family by her parents.She regularly abuses and uses filthy language against me and my family.

We live together away from my parents in a govt accn.Few days back, when she was abusing me in front of her mother, I went to another room. She followed me and held my T Shirt and pushed me and slapped me twice. In return at that moment I also slapped her. I have never abused her or scolded her even once on all previous occasions and quietly bearing her. Pl advice:

(a) If she complains against me that I slapped her/assaulted her to police which she might do with her parents support,can i be indicted for that offence under 498a, DV Act etc?

(b) If I record her statement clandestinely regarding what happened, will it help me?

(c) Do her constant abuses and filthy language entitle me for a divorce?


Asked on 8/01/08, 12:23 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: D V Act, criminal law, 498a

Your answers :

(1) Yes

(2) No

(3) Yes

Read more
Answered on 8/05/08, 2:51 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: D V Act, criminal law, 498a

1)Yes under DV act

2)depends

3)Yes

If you can contact personally please contact with details.

Read more
Answered on 8/03/08, 2:00 am
muhamed mustaque mk associates

Re: D V Act, criminal law, 498a

yes if urecord her statemnet cladenstinely it amy help u. try to meet counsellors and solve issue, so that there can be evidence of your attepmt to resolve, you can file for divoroce alleging cruelty but it all depend the evidence you have.

Read more
Answered on 8/01/08, 1:44 am
Shrichand Nahar S.V.Nahar, Advocate

Re: D V Act, criminal law, 498a

(a) Yes.

(b) Not really.

(c) Yes.

Read more
Answered on 8/01/08, 1:47 am


Related Questions & Answers

More Criminal Law questions and answers in India