Legal Question in Criminal Law in India

Hi

suppose person x (muslim) has wifes y(first) and z(second), can y(first) file 498A against z(second) and z(second) parents without including her husband and inlaws.

I mean to say can a wife put 498A on relatives of her husband without including husband or her inlaws.


Asked on 10/23/08, 6:18 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Hi

yes, it is possible. it can be said that some of the relatives are committing the offence u/s 498a and husband and in laws are innocent.

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Answered on 10/24/08, 1:20 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Hi

Depends on the facts and circumstances of the matter.

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Answered on 10/24/08, 1:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Hi

She can file Domestic Violence case but not 498A except in exceptional cases.

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Answered on 10/26/08, 9:14 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Hi

you can do so but same is required to be proved and without accusing the husbank case in opinion would be weak

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Answered on 11/02/08, 9:11 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Hi

The husband has a duty to provide protection to his wife. therefore, necessarily, in a complaint u/s 498-A, the husband should be a party may be as an accomplice.

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Answered on 10/23/08, 10:45 am


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