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Can wife forcefully thrown out of the house by husband file 498A case?
06-Mar-2023 (In Family Law)
can a hindu wife who has been forcibly removed from her matrimonial house and further refrained from entry to her matrimonial house lodge a case under the above mentioned Act or Section against her husband and his relatives?
Surely she can file a complaint under section 498-A of IPC and simultaneously she can claim the right of residence by making a petition under section 18,19,20 of the Domestic Violence Act before any designated judicial magistrate first class.
Thank you
Thank you
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Adv. Sushit Kailash Soni
Nagpur | 25+ Answers
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if the marraige has not complete 7 years then you can file undder section 498 and domestic violence too....
Best Regards,
Adv. Jyoti Kolhe
Best Regards,
Adv. Jyoti Kolhe
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The purport of section 498A of the Indian Penal Code 1860 is to deal with the issue regarding cruelty caused by husband and his relatives towards wife and punishment to the wrongdoer accordingly if the cruelty is proved. The said Section defines what is cruelty and prima facie I am of the opinion that complaint can be filed u/s 498-A of I.P.C., 1860.
The facts are required to be more clear i.e. nature of cruelty caused so concrete opinion can be formed.
The facts are required to be more clear i.e. nature of cruelty caused so concrete opinion can be formed.
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Adv. Vaibhav Prakash Patankar
Mumbai | 25+ Answers
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