Can husband file 498A case against wife?
Can husband file 498A case against wife?
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.
What is a 498A divorce?
Section 498A makes it criminal for a husband and his relatives to subject a married woman to cruelty is which is likely to drive a woman to commit suicide or cause grave physical or mental injury to her, and harassment with a view to coercing her or any of her relatives to meet any unlawful demands of property.
Can husband file 498A against wife in India?
A. Yes. 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.
What is the time limit to file 498A case?
Limitation Period for Filing a 498A Complaint As per section 468 CrPC, the complaint regarding the offenses under 498A must be filed within the time period of 3 years from the time the alleged last incident of cruelty happened.
How long does 498A case take?
In Baruipur court the average time span of a 498A case is not less than 5-7 years. The general time gap between 2 dates is 3-4 months. No, only sessions triable cases are tried in Fast Track court. Your case being Warrant case, it is to be tried in Magistrate court only.
What proofs are required for 498A?
The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.
What is the bail amount for 498A?
20,000/- with one surety in the like amount to the satisfaction of the arresting officer. The petitioner is directed that he shall participate in the investigation as and when called by the Investigating Officer.
What is chargesheet in 498A?
Popular Criminal Lawyers Once the FIR is registered under sec. 498a, the police will file the charge Sheet only after the investigation. If there is any other offence have been committed, the police can also file the additional charge Sheet. If the husband is absonding, it is better to file for the Anticipatory bail.