Legal Question in Criminal Law in India

Is it possible to file 498a in this following?

Sir/Madam,

Iam 48 years old female. married for 30 years now. My husband was always abusive. He used really filthy words about me and my entire family. Last year he demanded a land which my mother gave me. I refused to give it. Based my in-laws advice he left me. He is living somewhere in the same city. When my brother met him, he asked for Rs.5 lakhs to come and run the family. My brother gave it to him for my well being. But he took that money also and ran away. We waited patiently for around 1 year now but nothing good happened. Since iam 48 yrs old, Is it possible for me to file a criminal case on him through 498a under the fact that he has cruelly deserted me? One more thing...The day he left the house, he kicked me in the lower abdomen and forcefully obtained my signature on a blank check which he later used to withdraw Rs.10 lakhs from my sons account. My son is a NRI and I was the power of attorney holder of my sons bank account. So he made it appear as if I took the money out of my sons bank account. Can I file using sections 498a + 406 + 420? Iam planning to apply for divorce also since I cannot bear this atrocity anymore from my husband and my inlaws. Please advise me thinking me as one of your sisters.


Asked on 4/15/08, 6:50 pm

6 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Is it possible to file 498a in this following?

If you can prove it all you can proceed for 498A etc. You can file divorce petition also

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Answered on 4/16/08, 2:27 am

Re: Is it possible to file 498a in this following?

There is no reason to live like such person.You have taken a right decesion.Yes,you may still file criminal case u/s.498-A,406,415,420 IPC.For any other help you may contact me with details,professional charges are applicable.

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Answered on 4/16/08, 3:14 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Is it possible to file 498a in this following?

yes well u can file the case but the provisions of 498 a is applicable to marriages upto 7 years . Still u can prosecute the matter under dowery prohibition act and under other provisions of law

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Answered on 4/18/08, 10:49 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Is it possible to file 498a in this following?

Desertion may not constitute an offence U/s.498-A.

Further incomplete details provided by you indicate that yours is not a pure and simple matrimonial matter.

Therefore, it would be appropriate that you consult good lawyer.

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Answered on 4/16/08, 3:44 am
Vipindas Thalakalat Das and Das

Re: Is it possible to file 498a in this following?

Yes. You can file criminal complaint alleging commission of offence under Section 498A, 420, 324 , 406, etc. You must collect all the evidecne required to constitute the offence alleged. Your Brother could also be cited as a witness.You can alos file a case for divorce on the ground of cruelty and desertion.

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Answered on 4/17/08, 9:00 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Is it possible to file 498a in this following?

You may file an divorce petition if you can prove all the above mentioned facts then you may proceed with 498A etc.

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Answered on 4/20/08, 2:05 am


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