In how many days wife can file 498a against husband

827 votes

You have raised many questions in this query, while certain questions seem to be contradictory, I will try to answer most of your queries.
1. Wife has full right over her Stridhan, and even if couple seeks divorce by mutual consent, she can demand Stridhan and seek maintenance and alimony as condition for Mutual Consent Divorce. Stridhan is different from Dowry items, & wife can demand all items to be returned, whichever her parents gave at time of marriage.
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.
3. IN the event IN laws continue demanding dowry, Woman has option to file complaints before Woman cell in addition to file compliant under domestic violence act against husband & in laws. For filing compliant under domestic violence act approach some lawyer, or meet protection officer of your city. You may get details of protection officer on internet.
4. Under Domestic violence Act woman can pray the court to restrain husband from doing physical violence to Wife, and direct protection officer to ensure the same.

More more queries, you may contact me with specific details of your case

Advocate Vivek Nasa LawRato

830 votes

Dear client,
She can file complaint under section 498a any time, there is not any time limit.
If she goes for mutual consent divorce she can claim permae alimony from her husband.
I suggest you to file 498a complaint and also file maintenance case to make pressure on him and then settle the matter and go for mutual consent divorce.
Also, it is always better to consult any lawyer properly.
I also advise you to try to settle her with her husband.
For further clarification you can call me.
Regards,

Advocate Suneel Moudgil LawRato

718 votes

legally speaking, there is no limitation to file 498 A.

Wife can file it anytime, but now a days court courts are bit soft against in laws and generally ask wife for delay of so many years to file the 498 A.

Stridhan is her right, she can claim any time. and if the case is properly drafted than she can book the in laws also

Advocate Harish Malhotra LawRato

200 votes

In India, a wife can file a case under Section 498A of the Indian Penal Code (IPC) against her husband or his relatives if she alleges cruelty or harassment. Here are some key points related to filing a Section 498A case:

1. Cruelty Allegation: Section 498A deals with cruelty towards a married woman by her husband or his relatives. The term "cruelty" includes both physical and mental harassment.
2. No Limit on Cases: There is no specific limit on the number of cases a wife can file against her husband or his relatives under Section 498A. However, each case should have valid grounds and evidence of cruelty.
3. Filing Procedure: To file a Section 498A case, the wife can approach the police station and file a First Information Report (FIR) against the husband and his relatives. Alternatively, she can file a complaint with the magistrate's court.
4. Timeframe: A wife can file a Section 498A case at any time after experiencing cruelty. There is no specific time limit mentioned in the law for filing such cases.
5. Separation: The ability to file a Section 498A case is not restricted by the duration of separation. If the wife has evidence of cruelty, she can file a case, even if there has been a separation for several years.
6. Legal Counsel: It's advisable for both parties to seek legal counsel when dealing with such cases. Accused parties can hire lawyers to defend themselves against false allegations.
7. Legal Process: The legal process for Section 498A cases can be complex. It typically involves investigations, court proceedings, and hearings. The outcome depends on the evidence and arguments presented.
8. Misuse Concerns: There have been concerns about the misuse of Section 498A, leading to false cases. It's important for both parties to understand their legal rights and responsibilities.

Advocate Chikirsha Mohanty LawRato

390 votes

The court may take cognizance within three years after the accuser has committed the cruelty offence. It will be considered that the section 468 CrPC applies a time limit of three years from the day the FIR is registered, and the charge sheet has been presented to the court within 3 years. How can we combat a false 498A charge?

Advocate Chikirsha Mohanty LawRato