Where can 498A be filed?
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.
What is the jurisdiction of 498A?
The offence under Section 498A is a continuing offence and if the act of cruelty continues even while, the woman is living at her parents house, the offence is triable by both the Courts in whose territorial jurisdiction the act of continuing offence of cruelty has been committed at matrimonial home or the parents …
Can 498A be filed directly in court?
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.
How do I file a 498A case in court?
2. In the event wife wants to file compliant under 498A, she needs to approach Woman Cell, or nearest police station, and FIR is registered only after preliminary investigation conducted by authorities, and woman cell shall try reconciliation between husband and wife, and if husband is adamant, FIR may be registered.
How do I file a complaint with 498A?
All complaints under Section 498A IPC received by the police or Magistrate must be sent to the committee. The committee must look into the matter and send a report on it within 30 days to the authority that referred the complaint. No arrest must be made until a report is sent by the committee.
Which of the following court has jurisdiction to try the Offences related to dowry?
Women can file one even from maternal home The Supreme Court on Tuesday held that a woman, who had fled the cruelty of her marital home, can file a case of dowry harassment under Section 498 IPC against her husband and in-laws at the place where she is currently sheltered.
What cases can be filed against 498A?
If a woman has been harassed for dowry or threatened for the same, before, during or after marriage, her husband, his family or in-laws can be subjected to punishment under the dowry act, 498a and even Section 304a, (in case her life has been threatened).
How do I file a 498?
Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra: This is the first step for 498A in most of the states. A complaint is lodged in Police Station which is transferred to CAW Cell. Reconciliation Process at CAW Cell/ Mahila Thana: CAW Cell tries for reconciliation/ settlement between the parties.
How do I complain to 498A?
You have to approach the police and write down the entire incidents from the date of marriage or from the date of the incident when the dowry was first asked for. the list of articles given in marriage for dowry needs to be attached along with the complaint.
When did Section 498a of IPC come into effect?
Section 498A of IPC has come as a major amendment in the Indian Penal Code, 1860 which was inserted in 1983 for the safeguarding of women’s rights and empowerment. The extortion of any kind of property by subjecting a woman to cruelty is punishable under Section 498A of the Indian Penal Code.
What happens in case of misuse of Section 498A?
The rising misuse of section 498A under 406, has caused alarm in the eyes of the Supreme Court. The false accusation leads to prosecution against the family members and thus hampering their reputation in society. All the ornaments of the complainant in possession of her husband such as gold or silver ornaments should be returned back.
What is the definition of Section 498a of the Indian Penal Code?
As per definition: 498A. Husband or relative of husband of a woman subjecting her to cruelty.—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 and shall also be liable to fine.
Why is Section 498A considered an anti-male law?
Therefore, one who has brought 498A into action envisaging it as a shield to the women against cruelty i.e., Supreme Court, is now considering it as legal terrorism. Because misuse of Section 498A is dwindling its actual credibility. That is one of the many reasons behind calling it an anti-male law.