Section 498A IPC – Prosecution Of Husband’s Relatives Based On General & Omnibus Allegations By Wife Is Abuse Of Process: Supreme Court. The Supreme Court observed that prosecution of relatives of husband based on general and omnibus allegations levelled against them is an abuse of process of law.

What Supreme Court says about 498A?

Section 498A IPC – Prosecution Of Husband’s Relatives Based On General & Omnibus Allegations By Wife Is Abuse Of Process: Supreme Court. The Supreme Court observed that prosecution of relatives of husband based on general and omnibus allegations levelled against them is an abuse of process of law.

Is 498A still valid?

Actually, no one can win section 498A. It can only be defended. So if one gets acquittal in 498A, that itself is not a ground for divorce. Only if it is proved and mentioned in the judgment that the said 498A case was false and malicious, one can seek divorce on that ground.

Is 498A a serious offence?

Observing that when cruelty is committed by one woman against another woman the offence becomes more serious, the Supreme Court upheld the conviction of a mother-in-law for the offence of cruelty under Section 498A of the Indian Penal Code.

Can police grant bail in 498A?

How to get bail and avoid police custody in a dowry case under Section 498A. If you have any reason to believe that your wife may file a dowry case against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.

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.

Can wife file 498A twice?

Yes your wife can file a 498A case again if she continues to live with you. Since you are Muslim, when you call for talaq, you would need to pay her the alimony.

What is the bail amount for 498A?

On compliance of afore-noted consent directions, in the event of arrest, petitioners would be released on bail by the I.O. on their furnishing a personal bond in the sum of Rs. 10,000/- each with one surety each in the like amount to the satisfaction of I.O. 18.

How long does a 498A case run?

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.

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 section 498-A of the IPC?

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

What are the scenarios after 498A fir is filed?

Possible scenarios after 498A FIR is filed with respect to police and CrPC 41, 41A 1. Happy scenario of law abiding police: Police follows CrPC 41 and 41A procedures, and sends noticeof appearance under CrPC 41A to accused husband/his family.

Did you get arrested under 498A after Jul 2 2014?

The Arnesh Kumar SC judgment is already blogged here which gives full judgment text of “no automatic arrests in 498A” judgment by Supreme Court on Jul 2, 2014. This post is meant for anyone who got arrested under 498A after Jul 2, 2014, and wants to do something about it.

Is Section 498A a cognizable and nonbailable offence?

In this case, the Court observed that the fact that Section 498A, IPC is a cognizable and non-bailable offence, it is more often than not is used as a weapon rather than shield by disgruntled wives.