1) no case of defamation is made out
2) truth is best defence in defamation cases
3) 498A of IPC is for dowry harassment and not for mental harassment
Filing of 498/498a FIR
Hi , Me and my wife are not staying together from feb2016 and we have ongoing dv case in MM court . recently i met her colony person and shared him our honeymoon pictures in which my wife is wearing western dress. intention was to show him that what my wife is portraying in india wearing scraf/viel is fake . actulaly my wife recently started taking burkha in india . so i wanted to tell his colony person that my wife is outging person and not what she is showing in india . howver later my wife came to know about this incident using same grounds she has filled fresh police complaint stating i am causing mental harresment to her doing same and defaming her causing mental cruelty . what i want to know is . can above grounds be used either for 498 or 498a while already dv case is ongoing in court consering the fct that its more then 3 yrs she is not tstaying with us
Asked 6 years ago in Family Law
Religion: Muslim
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19 Answers
- As per Supreme court judgement , a wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Furthe, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, wife Living Separately From Husband Without Any Reason Can’t Get Maintenance , and further this is a good ground for getting divorce from the court of law.
- Since, more than 3 years , she is not staying with you, hence you should reply her cases in D.V Act, after stating the same.
- No defamation case is made out on the ground , because being a husband , you have right to object .
- 498a is a case for cruelty for dowry demand , and not for mental harassment.
Such thing is not a criminal act, but still you should not make it public. If want to than can submit in court only to refute her claim.
FIR may not have registered, if registered than approach HC for quashing of FIR. This is not a matter of sec 498a.
Hi , I understand this doesnt fit under 498a . But can this be considered under 498 ? 498a and 498 are different . Though fir is sill not registered PS told me wife can file on previous grounds as well that took 7 yrs back . i gave reference of crpc 468 too but P.i is telling he is investigating and register if needed can above incident i mentioned can be registered under 498 ( not 498a)
Asked 6 years ago
I meant for both sanctions. Don`t bother about police, HC will quash if any FIR filed. or magistrate will not accept the FIR.
- 498: Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
- Hence, 498 will not applied against you.
See no FIR on this ground under 498a or any other section is maintainable also she has no proof of same . Even in case she give complaint the burden of proof shall be on her .
498 is all together different section and it does not apply here. No it cannot be registered under 498.
Hello
No it won't.
Regards
498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
2) it does not fall within ambit of 498 IPC
You are correct, both Sec.498 & 498-A are different.
The said sections does not attract to your case.
No the said incident will not be considered.
No these grounds are frivolous and abuse of the process of law hence are not sustainable.
No he can't. That woukd be a ln abuse of the process of law. You showed a pic in good faith and that cannot be made a reason to lodge an fir.
This incident will not fall under the provisions of section 498a IPC.
The police will not entertain any complaint under this section, however it may register a complaint for creating nuisance to her but not a defamation case.
For your information you may note that if at all she decides to trouble or torture you, she may file a false case also, hence you may better be under your control on such things because this is not only sensitive but also i is illegal to do such things especially while there are cases pending before court of law.
This will not fall under the category of offences under section 498 or 498a ipc.
Let the police tell anything or do anything, you may first obtain AB if police registers a FIR under whichever section of IPC or Cr.P.C. and then challenge her case in the trial proceedings as per law and on merits in your side.
It's not important that police has to file application of their mind for filing FIR. If FIR is filed seek anticipatory bail for the same to secure from arrest
1, It cannot be covered either under 498A or 498. At the most your wife can file a criminal complaint under Section 500 IPC for defamation.
2. At the stage of investigation Section 468 Cr.P.C does not come into picture.
498A comes into picture only if the harassment, physical or mental, is in relation to the demand of dowry.
enticing or taking away or detaining the married women with criminal intention comes under sec 498 and torturing and cruetly to the married women comes under sec 498A.
The above ground will not provide ingredient for 498A case it will be a case for defamation.
