Legal Question in Family Law in India
justice thru sec 498a IPC
what is the evidence required u/s 498a of IPC to file a complaint/case ?is the affected woman herself not sufficient evidence,given that there will be no documentary evidence/neutral witnesses in respect of the demands made by the in-laws and harassment faced by the daughter-in-law in the form of preventing her from entering her husband's house or preventing her from living with her husband (the demands are not necessarily in the nature of dowry but in the nature of putting conditions like she should resign her job and should live and act in the manner as dictated by the in-laws and subjugation in various forms-things which only the woman experiencing the harassment will know)
what is the action that the police will take on filing FIR?
if the accused are arrested, how long they will kept in custody? whether they can come out on bail?
whether the woman who seeks restitution of conjugal rights
file a complaint u/s 498a of IPC at a future date?
1 Answer from Attorneys
Re: justice thru sec 498a IPC
To file a complaint u/s 498A, no documentary evidence is necessary; only a statement by the wife may suffice. However, the case is strong if documentary evidence is available.
The poloice are required to investigate the co0mp-laint and arerest the accused if so required. Normally, no bail is granted until the investigation by police is completed; however, the high court may grant bail if it is so satisfied.
Yes, a wife seeking restitution of conjugal rights may also file such complaint.
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