Legal Question in Family Law in India

what is IPC 498A . Is it only for dowry cases , what kind of cases come under 498A.What reliefs can be sought under 498A kindly elaborate.


Asked on 8/25/09, 12:04 am

2 Answers from Attorneys

Advocate Siva Subramanian M/s. R. Siva Subramanian

IPC Section 498A is "Husband or relative of husband of a woman subjecting her to cruelty". Punishment for this offence is 3 years and also fine. This section defines cruelty as 'any wilful 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 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 to meet such demand'.

As such, under this section of IPC the guilty shall be punished which is the only relief available to the victim.

But, the "Protection of women from Domestic Violence Act, 2005' has more venues of relief available to a victim.

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Answered on 8/25/09, 2:12 am

Mr.Ramashwamy is quite right. through 498-A, you can only punish your husband but under DVA and other maintenance cases you can get financial benifits.

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Answered on 8/25/09, 12:22 pm


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