Response

Section 498A. Husband or relative of husband of a woman subjecting her to cruelty. Previous Next. 1. [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. The Section 498A is non-bailable and a cognizable offence. The judiciary should change it to a bailable and non-cognizable offence. Bails should be granted to the husband so that if the case is filed on false grounds, there is a course of action left. Yes, you may file the case for defamation, but there you will have to prove that she has defamed you before public. As law will not catch her just for the reason that she filed criminal case against you. Defamatory case can be filed for the grounds other than 498A allegations made by your wife. Since no finding is given on the allegations made by your wife as such it is pre-mature to proceed against your wife. Further the documentary evidence will be read with oral evidence of witnesses produced by the prosecution. It’s a criminal wrong. And also its non-bailable.

Reference: Hindu Marriage Act, 1955

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LAWAYZ-2023-669