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.

Is 498A still valid?

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 is 498A misused?

Blackmail Attempts: These days in many cases where Section 498A is invoked, they turn out to be false cases as they turn out to be mere blackmail attempts by the wife (or her close relatives) when troubled with a stressed marriage.

What is the punishment for misuse of 498A?

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 498A abolished?

According to him, Section 498A was inserted in IPC through the Criminal Law Amendment Act on December 25, 1983, but it was repealed “as the whole” by the Repealing and Amending Act, No. 19 of 1988, on March 31, 1988., and as such, it cannot be treated as law.

How many 498A cases are false?

They point to the fact that while 10 per cent of cases under Section 498A have been found to be false at the stage of investigation, the figure is far higher for crimes of cheating, forgery or breach of trust.

Is 498A valid after 7 years?

A dowry case ideally should be filed within 7 years of marriage for a dowry claim to be won in the court. Though people file dowry cases even after 7/10/15 years of marriage, they will lose the case if the dowry case is beyond 7 years of marriage.

Can 498A be filed after 7 years?

Can 498a be filed after 7 years of marriage? A1. Yes, there is no limitation of number of years of marriage on filing 498a. However, that doesn’t mean that a wife or her relative can a file 498a on the husband anytime they wish.

What happens if 498A proved false?

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

How many years does 498A case run?

Answers (1) In Baruipur court the average time span of a 498A case is not less than 5-7 years.

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 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.