MyNation Foundation Forum » Advice » 498A

case status-498a

(130 posts)
  1. rekha_s
    Member

    maintenance is for child

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    if there was no Dowry issue then why did you filed 498A ?

    IPC 498A says those who demand dowry will be charged under Indian Penal code 498A.
    so you filed False case

    Posted 6 years ago #
  3. rekha_s
    Member

    it also for cruelity

    Posted 6 years ago #
  4. rekha_s
    Member

    what about asking back the gifts/jwellery given during the marriage.

    Posted 6 years ago #
  5. Dr.Dsouza
    Member

    498A. Husband or relative of husband of a woman subjecting her to cruelty
    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.

    Explanation- For the purpose of this section, "cruelty" means-

    (a) 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 to 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.]

    http://mynation.net/ipc4.htm

    so what they have done to you out of these above clause.
    You said they did not demanded any dowry so b) is out
    and you are not committed suicide for sure nor haath pair thoda hai or danger to life.
    still you filed 498A

    Posted 6 years ago #
  6. Dr.Dsouza
    Member

    You kept your jewellry with husband ?
    my wife was clever then she runaway with my personal jewellry

    Posted 6 years ago #
  7. Ashish Agarwal
    Member

    2)Who are the accussed in cases filed by you?
    - hubby, MIL and FIL

    (Let's accept for a moment you were facing cruelty from your hubby, then why you have involved his old age mom and dad, is it not cruely by you on them...)

    You answer says you have gained nothing post 498a.Dear Rekha , im matrimonial disputes 498a is never a solutions...sometimes due to anger you might have felt that you have taken a right step to implicate your hubby and his old age ailing parents in false criminal case. Marriage is a CIVIL activity... You could have visited the counsellor before filling IPC 498a...Why not you have requested your hubby for reconciliation before 498a..

    Posted 6 years ago #
  8. rekha_s
    Member

    498a complaint is not registered if the case does not fall into this catagory. reconciliational efforts can not be one side. it was done though the basic foundation of marriage was completly distroyed. so many instances of cruelity happened but every time 498a was not lodged thinking about the child welfare. but now the child is also taken away. and also divorce and child custody petitions are filed in the court by the husband.

    Old parents also try to save their son from problems and get involved.they are not even ready to accept that such incidence has happened. sometimes they are quite and do not even try resolve the dispute as they depend on son financially and have no other childrens to look after them. everyone tries to save their skin whether it is wrong or right.

    Posted 6 years ago #
  9. Ashish Agarwal
    Member

    Yes,Every parents tries to save their son...That does not mean they will be implicated in False Criminal Cases...
    Saving somebody or not interfering between husband and wife does not amount to cruelty then why you charged them with false accussations of cruelty under section IPC 498a.

    "LOSING EVERYTHING " is the only result for a wife who has filed a false criminal case of IPC 498a to hubby and his old age ailing parents.

    Posted 6 years ago #
  10. rekha_s
    Member

    who will decide whether it is false or true criminal case? what about the grandchild? he is nothing? question is what was right and wrong? daughter and son are theirs own but daughter in law is outsider? it is not gain or loss. it is one life which we have. then why to spoil everyones life for some moments of pleasure. and distroying every one. why should a wife tolerate. is she not a human being like him. providing food cloth and shelter is the only responsibility of husband? no body has gained any thing even the husband and his relative. what about the child?????

    Posted 6 years ago #
  11. rekha_s
    Member

    can any one tell, in the situation what should have been the appropriate action of each one husband,wife and the elders before lodging the 498a

    Posted 6 years ago #
  12. Dr.Dsouza
    Member

    All know women take Child, coz she will get sympathy from others and ofcourse money from husband. Without thinking what Child want.? You are responsible for whatever child miss from his Father, Love and comfort,Do not blame others, thats ultimate cruelty on child. and child will punish you when she grownup and realise what she missed because of you, When you are old.

    Not all Husband side think Daughter in law is outsider, thats Daughter in laws thinking. coz for women only her parents are everything, husband has to do everyhting for her family only, if husband old mother do house work then she is happy, but she cannt cook for her in laws, this situation is in todays most of the houses in India.

    Posted 6 years ago #

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