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I have charged my husband and my MIL with 498A given the extreme amount of mental harassment posed b


24-Mar-2023 (In Divorce Law)
I have charged my husband and my MIL with 498A given the extreme amount of mental harassment posed by them. I was married in the state of Rajasthan and currently I lodged the complaint from my home state which is West Bengal. It's been 15 days since I have filed the FIR but neither the police nor anyone has informed me about the proceedings. I checked in the district court against my FIR if any bail was taken by my ex husband,but no such information has been filed. My question: 1) After 498A ( under section 41) has been lodged , how much time will the opponent party get for them to grant bail ? 2) If i wish to lodge DVI against my ex husband, will it be possible to file the case even if they have not been granted bail for 498 ?
Answers (2)


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Answer #1
990 votes
Yes you can file a DV act against your ex husband and her family. Furthermore you may appoint an advocate as a defact advocate who will represent you in the court and take complete care of the criminal case filed by you in the police station. You need to have a proper consultation regarding this matter to get the best possible remedy. Regards, Subhashis Paul Advocate High Court, Calcutta
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Advocate Subhashis Paul

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Answer #2
769 votes
what did they do with you at first mentioned it clearly as it is not like that being a wife you can do whatever you want to because if you lodged any fake complaint then after acquittal they may take action against you as it's seems you are mentally harrassed then where do you informed regarding this before lodging FIR? Yes you can lodge complain U/S 498A IPC as well as DV but all the burden of proof will be lying upon you and in the matter of police inactivity you can file a writ petition before the Hon'ble High Court.
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Advocate Amitava Chakraborty

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