Legal Question in Family Law in India

section 498a of Indian Penal Code

A lady got married at a venue which is neither her hometown nor her husband's home town. She married the boy and went to his place and stayed there for 4 days. Her family had said that she is doing BEd and has to return after marriage for continuing her BEd, this was conveyed to the boys family only 20 days before marriage and they could not say much about it. The girl said she will visit soon after 10 days during winter vacation but will then return to her mothers home. However she did not come during winter vacation nor did her family talk reasonably to the boy or his family for resolving situation, she did not come back at all ! disheartened... after 11 months the boy sent a lawyers letter for conjugal rights and then in response the girl filed a case in court at her hometown for section 498a of IPC. What do you suggest ... as after a informal meeting at a police station, the girl asks for 7 lacs !!


Asked on 12/19/08, 6:53 am

5 Answers from Attorneys

Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: section 498a of Indian Penal Code

My suggestion (1)the boy has to fight in 498-A by tooth and nell, remembering that he has to win (2)after being acquited from 498-A he may file a divorce suit

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Answered on 12/19/08, 1:29 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 498a of Indian Penal Code

You may better compromise the issue with the intervention of family elders and common friends. The litigation may be costly and time consuming; the results still uncertain.

The issue does not appear to be that simple as narrated by you. There may be something more in the entire episode which you might not have chosen to explain in this forum. You write complete history of your relationship with the girl including

social and financial status of both the families giving details of all the incidents in a chronological order.

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Answered on 12/19/08, 7:21 pm
Vivek Mapara Vivek N. Mapara

Re: section 498a of Indian Penal Code

If FIR is lodged aganst you, then u can go for quashing of the same. And yes do go for anticipatory bail.

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Answered on 12/20/08, 4:23 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: section 498a of Indian Penal Code

First i would advise you to compromise the issue.

There would be no positive results in litigations.

I cannot advice you more as there is lack of facts in your query.

In case of need please contact personally alongwith details.

First apply for anticipatory bail.

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Answered on 12/20/08, 5:44 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 498a of Indian Penal Code

Already Replied.

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Answered on 12/20/08, 10:29 am


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