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498A And Domestic Violence

498A of Indian Penal Code is for protecting the women who are regularly abused, tortured, harassed both mentally and physically by their husbands or/& husband’s family members. Accordingly, under Section 498A cruelty to a woman by her husband or any relative of her husband was made punishable. Yes, there is no limitation of number of years of marriage on filing 498A and according CrPC 468, the limitation on filing of 498A is 3 years from the last alleged incident.

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Misuse of Section 498A of Indian Penal Code(IPC)

The number of false 498A cases or cases of misuse of anti-dowry laws has even made the Supreme Court of India to term it as ‘legal terrorism’. The biased nature of this law has enabled women to file a false case against their husbands for reasons such as

To get out of the marriage due to her inability to adjust to the new family.
Blackmailing the husband so as to extort money.
To implicate the husband in a false case and revive the relationship with a man she was previously associated with or got into an extra-marital affair with.

In case of misuse of the provision of 498A in IPC by the wife, the husband must consult a Marital Dispute lawyer to know the correct legal action to take against his wife.
We at Confluence Legal are here to help you to Fight for Your Right. In India anyone accused of taking dowry is therefore subject to a multiplicity of legal processes. Similarly on the other hand wrongly accusing of taking dowry is equally illegal before the law in INDIA.