Legal Question in Criminal Law in India

Query
my friend wrote in his previous email that her wife lodge 498 against him in india because when she arrived in his apartment in US she founs he took away bed,phone,utensils and he moved out to some other disclosed location.She went there even he told her he will file for divorce and is not intesrested to continue his relationship with her.Then she left for india.After 5 months she informed she is coming back.
My question to all lawyers is

Is taking bed,phone,utensiles for husband's own use and not leaving it for wife for her use is a crimonal offence under 498 if wife is dependent and husband is the owner of all these things?

Asked on 1/20/09, 3:54 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Query

Yes, this is a criminal offence. You cannot deprive a house-hold to your wife. A husband is not allowed to shut doors on his wife as per Indian laws. This amounts to "cruelty" under section 498-A of IPC as also under D.VA.

The husband cannot just "abandon" the wife on his own will and walk away from life. He may apply for divorce ONLY as per Hindu Marriage Act and that too in India. Till any court order is there restraining the wife from entering the house, she is entitled to come and live in the house of her husband and the husband is obliged to maintain her by not providing all amenities but also with dignity.

This may be a criminal offence even in USA.

Answered on 1/20/09, 8:13 pm

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