Can 498A be filed anywhere in India?

Can 498A be filed anywhere in India?

Section 498A: Concept of cause of action is rendered meaningless for jurisdiction: SC has opined that wife can file a case in the jurisdiction where she resides [Read the Order] Supreme Court has held that wife can file a case even where she is residing.

Can husband file 498A against wife in India?

3) File case against Wife: Husband can file case against the wife for the threat and blackmailing done by her to file the false section 498A case. The documentation proof and other details are required while filing the case against the wife.

Who can file 498?

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 498A be filed directly in court?

Answers (4) Dear, you can’t file this case directly in high court, first you have to make a complaint to the police and if the police is not taking necessary action then you can move to high court for issuance of directions to the police.

Is 498A a ground for divorce?

NEW DELHI: If a woman’s complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled.

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 bailable?

Section 498A of the IPC makes ‘cruelty by husband or relatives of husband’ a cognizable and non-bailable offence and includes within its purview dowry related harassment of the wife. Under this section, the wife can bring charges for any dowry related abuse or harassment suffered by her.

Is Section 498A IPC bailable?

Is 498A valid after divorce?

The cases are valid after divorce, the domestic violence and maintenance cases are of criminal nature, and the cases will not be dropped after divorce. Yes, the 498A and case under DV Act will taken for evidence and order.

Is 498A criminal case?

Article 498 A passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows, “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 …

Is I.P.C 498A bailable?