Legal Question in Criminal Law in India
Hi
suppose person x (muslim) has wifes y(first) and z(second), can y(first) file 498A against z(second) and z(second) parents without including her husband and inlaws.
I mean to say can a wife put 498A on relatives of her husband without including husband or her inlaws.
5 Answers from Attorneys
Re: Hi
yes, it is possible. it can be said that some of the relatives are committing the offence u/s 498a and husband and in laws are innocent.
Re: Hi
Depends on the facts and circumstances of the matter.
Re: Hi
She can file Domestic Violence case but not 498A except in exceptional cases.
Re: Hi
you can do so but same is required to be proved and without accusing the husbank case in opinion would be weak
Re: Hi
The husband has a duty to provide protection to his wife. therefore, necessarily, in a complaint u/s 498-A, the husband should be a party may be as an accomplice.
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