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Published : November 29, 2015 | Author : nitish788
Category : family law | Total Views : 3876 | Rating :

  
nitish788
Advocate Nitish Banka, advocate supreme Court of India. nitish@lexspeak.in
 

Understanding 498a cruelty

498a envisaged in indian penal code, it is called as legal terrorism, most of the married men in India are facing false cases and spending lot of time in litigation and lot of harassment, the main soul of this section is cruelty, the word cruelty is interpreted by various judgments by courts in India. But for a layman wife even domestic wear and tear of marriage life causes husband to face harassment, normal quarrels in house can land up husband and his relatives in jail, that is why it is termed as legal terrorism.

498a cruelty cruelty on husband

however correct legal advice along with correct legal techniques can save thousands of witness, there is a mechanism of quashing false case, and in some cases quashing is the most efficient and fastest remedy, but there are some cafeteria for this, in most cases the high court tells to face trial, yes quashing can happen through high court.

Mediation in 498a, yes 498a does calls for mediation and it is also very good remedy to extract evidence of other side and if mediation is used as a tool, it can bring lot of benefit.

There are other ways also to solve this issue, like in cross examination only the husband can break wife false evidence. remember 98% of 498a are never proved in court of law. 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. Nowadays such false cases are best way to extract money from the innocent husband.

For wives if they are thinking of lodging a false case that means its an end to their marriage.

By. Adv. Nitish Banka
B.E LLB(Hons)
Website www.lexspeak.in
nitish@lexspeak.in
9891549997

The author can be reached at: nitish788@legalserviceindia.com




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Article Comments

Posted by pooja on February 28, 2017
i am undergoing domestic violence in my home by my mother in law and husband is thr anything i can do to protect myself and complaint them for thr behaviour

Posted by Dr Sudhakar Sharma on February 14, 2017
Sir can any one give me definition of property in 498 a as in a judgement the court did not consider demand house hold goods as properly. please suggeest some judgement of Delhi High court or supreme court of india REgards

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