Gone! are the days when, the affliction of cruelty to a woman was a male sport, and women merely suffered in silence. Most people aren’t aware of Section 498-A of the Indian Penal Code, 1860, or what should be done when a case related to the same is registered.
In the modern era, women play an essential role in society. Yet, women are subjected to cruelty by their in-laws due to many reasons, and one of the crucial factors causing cruelty is dowry. Women are forced by in-laws to give dowry even after several years of marriage. They are also considered as a weaker section of society because of the dominant male culture. The community has developed various types of harmful practices, both mental and physical, against women almost becoming a norm for ages.
Our Family Law lawyers help clients understand their legal rights and options during these trying times and guide the family to help and guide as to how the results needed for the future can be achieved.
The wife can file a criminal complaint against her husband or his relatives for subjecting her to cruelty under section 498-A of IPC. The cruelty means the conduct which is likely to drive the woman to commit suicide/grave injury/danger to life/mental or physical health.
The complaint is filed with a Crime against woman (CAW) cell of Police. The Police endeavor to settle the disputes and differences between the husband and wife. If no settlement takes place an FIR is registered by the CAW and the Husband and his relatives named in the FIR have to seek Bail from the criminal court and contest the case in the court for years.
The laws governing cruelty towards women (498-A) is biased in favor of women. Some men fall for the trap of false criminal cases. There are several cases in which it was found that the wife had made a false complaint under 498A IPC after several years of marriage alleging Dowry.
Who can file the complaint U/S 498-A IPC?
The Complainant herself or her relative and any other person having the authority letter signed by her can file a complaint on her behalf
Neither I nor any of my relatives demanded or have taken any dowry. Can my wife still file 498-A?
Yes. Any Indian wife and her relative can file a complaint under section 498-A on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498A (dowry harassment case)