Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Introduction Recently, the Punjab and Haryana High Court passed a fantastic decision of wherein it has taken a very balanced stand. The High Court took a stern step against the woman litigant for misusing the process of law to harass her husband. In this case, the Court pointed out that Section 498A of the Indian […]
Introduction The Supreme Court of India (Apex Court) has recently imposed a cost of Rs. Five Lakhs on a woman’s father for lodging false cases under Section 498A of the Indian Penal Code (IPC) at different cities/ States against the husband with the sole purpose to harass him. Parteek Bansal v. State of Rajasthan & […]
Introduction Section 482 of the Code of Criminal Procedure (CrPC) does not provide new powers to the High Court however, it grants inherent powers to the Court to prevent abuse of law. The High Court can exercise its power under Section 482 to quash proceedings even in case of the non-compoundable offences. In a recent […]
Dear Friends, I see a lot of advice about filing RCR (under various matrimonial laws, primarily Sec 9 of Hindu Marriage Act, 1955) whenever you face 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) or threat of 498a (Husband or relative of […]
MARZ BADTA GAYA JYUN JYUN DAWA KI Time and again, various High Courts and Supreme Court and Committees have advocated that 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) be made bailable and compoundable. Time and again, the government has made up its […]
What is Section 498A ? IPC 498A is one of the sections of the Indian Penal Code inserted in the year 1986 to protect women from harassment on account of demand of Dowry. As per definition: The statute says that 498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband […]
Approved by Indian Parliament in year 1983, Indian Penal Code 498a (Husband or relative of husband of a woman subjecting her to cruelty: Section 85 & 86 of The Bharariya Nyaya Sanhita, 2023) is a criminal law (not a civil law) which is explained as follows, “Whoever, being the husband or the relative of the […]
Misuse of 498A IPC 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) was added after an amendment was approved by the Indian Parliament in the year 1985. Indian Penal Code 498A (Husband or relative of husband of a woman subjecting her […]
Section 498A is a provision in the Indian Penal Code (IPC) that deals with cruelty by a husband or his relatives towards a woman. Specifically, it relates to cruelty or harassment for dowry. The full name of the section is “Section 498A: Husband or relative of husband of a woman subjecting her to cruelty.” The section […]