Is 498A a ground for divorce?
Asked by: Antonietta Carter | Last update: August 31, 2022Score: 4.5/5 (21 votes)
These days filing 498a and divorce are becoming an ordeal in a
What happens to 498A after divorce in India?
498A can be withdrawn after the divorce decree is granted to the spouses ,the condition being that before the divorce the parties should reach to a settlement where the wife agrees to withdraw the 498A charges against the husband .
Can husband file 498A against wife in India?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.
Can wife come back after 498A?
There is not any legal imposition on the husband to continue the marital relations with the 498a wife. If as a wife, you want to come back, you need to settle the disputes mutually and get the FIR quashed before High Court, but there is no legal provision to make a way for you to get back into your husband's house.
What Supreme Court says about 498A?
Section 498A IPC - Prosecution Of Husband's Relatives Based On General & Omnibus Allegations By Wife Is Abuse Of Process: Supreme Court. The Supreme Court observed that prosecution of relatives of husband based on general and omnibus allegations levelled against them is an abuse of process of law.
Husband Who Got Acquitted In 498A Case Can Seek Divorce On The Ground Of Cruelty | 498A IPC
Is 498A a criminal case?
Section 498A makes it criminal for a husband and his relatives to subject a married woman to cruelty is which is likely to drive a woman to commit suicide or cause grave physical or mental injury to her, and harassment with a view to coercing her or any of her relatives to meet any unlawful demands of property.
What happens if 498A is proved?
Scope of Section 498A
Section 498A[2] reads out as “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine”.
Can a divorced wife file 498A?
Yes it is possible and is valid reason to file 498 against husband filing of divorce petition have nothing to do with the domestic violence act and 498 a and it is always possible who filed cases against this act and section.
How long does a 498A case take?
In Baruipur court the average time span of a 498A case is not less than 5-7 years. The general time gap between 2 dates is 3-4 months. No, only sessions triable cases are tried in Fast Track court. Your case being Warrant case, it is to be tried in Magistrate court only.
What is the difference between 498 and 498A?
Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.
Is 498A applicable after 7 years?
Myths about 498A range from it can not be filed after seven years of marriage, to arrest is guaranteed in 498a, to accused has to prove innocence. Some of these myths are squarely that -myths, however, some has become myths now with the change of times.
Does 498A affect job?
No it won't affect your present job and future job Prospects. The FIR under section 498A IPC etc. usally get dismissed in the court and dispute between the parties get resolved either by way of divorce by mutual consent or they start afresh life together, withdrawing all cases filed against each other.
Who has burden of proof in 498A?
Hi, in your case burden lies on your wife to prove her allegations. 2. Normally better you must engage the advocate and he will cross examine the witness in a such a way that it will not harm to your interest.
Can court Force husband to stay with wife?
Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.
Is 498A serious offence?
It states that if such a woman is subjected to cruelty by a husband or relative of a woman's husband, he shall be punished with imprisonment for a period of up to three years and also liable to fine. The crime under Section 498A is cognizable, non-compoundable and non-bailable.
Is bail is possible in 498A case?
How to get bail and avoid police custody in a dowry case under Section 498A. If you have any reason to believe that your wife may file a dowry case against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.
How do I beat the 498A case?
File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.
How do you prove 498A is false?
- Any conversation over the phone between the wife and the husband or his relatives, or any call recordings of the conversation or text messages.
- Any proof that the wife has left her husband's home at her own will.
Can 498A be filed without evidence?
the State of Maharashtra (2002), the Supreme Court held that Section 498A makes it clear that there must be a series of events or acts in order to be harassment under this Section. Moreover, there must be some cogent evidence to bring home the charge under this Section.
How many times 498A can be filed?
legally speaking, there is no limitation to file 498 A. Wife can file it anytime, but now a days court courts are bit soft against in laws and generally ask wife for delay of so many years to file the 498 A.
Will FIR finish my career?
Yes, if he is applying abroad, it will affect his career. However, it doesn't apply in India if you are going to engage him with any private or public industry.. Police verification is a very tedious process and it requires lot of time, which is not even properly followed in many Govt industries.
Will 498A be an obstacle for private job?
No. It must not have any direct influence on your right to employment opportunities at any company for that matter.
Will false FIR affect my career?
Not necessarily and in all those case wherein FIR is recorded. As regards it's affect on your career, it depends on what is your career. Are you a Govt or semi-Govt employee, or a Private service. In case of Govt or semi Govt case, it will depend upon the service Rules framed for the employees.
What is mental cruelty in 498A?
cruelty' to attract the provisions of section 498A , IPC . Causing mental torture to the extent that it becomes unbearable.
Can 498A case be withdrawn?
You can withdraw the sec 498a case as it is a compoundable office. For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.