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498A AND ITS PROCEEDINGS

498A AND ITS PROCEEDINGS

In India women are ill-treated, harassed, killed, and divorced for the simple reason. For safeguarding the interest of woman against the interest of woman against the cruelty they face behind the four walls of their matrimonial home, the Indian Penal Code, 1860 ( herein after referred to as I.P.C. ) was amended in 1983 and inserted S. 498 A which deals with ‘Matrimonial Cruelty’ to a woman. At present, matrimonial cases are not confined within the realm of civil and family laws and such cases can have criminal character too. Generally, wherever there is a cruelty exercised by the husband or his relative upon the wife in regard to the demand of dowry, a criminal case under section 498 A of IPC is registered against the husband and the other relatives who were causing such cruelty or whose name is mentioned in the complaint by the wife. In such cases, at the first instance, husband and his relatives will have to apply for the interim protection, anticipatory bail and regular bail, etc.

Sometimes, along with the 498 A case another case under section 406 of IPC is also registered for criminal breach of trust beside other provision of IPC and Dowry Prohibitions Act. We provide our expertise service in this regard in defending as well as prosecuting the case. Our company has a vast court experience in this regard. The section 498 A was enacted to combat the menace of dowry deaths. It was introduced in the code by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). The main objective of section 498-A of I.P.C is to protect a woman who is being harassed by her husband or relatives of husband. Indian Courts had been using this provision to safeguard the women from facing the cruelty faced by them at their matrimonial home. As observed many a times the victim turns into the abuser and is clearly not wronged but instead wrongs the husband and his family for no fault of theirs. Several cases show that the married woman takes advantage of this section and sends the respondents to jail under the ambit of this section. This still does not change the truth that there is slowly a rise in the abuse of S. 498 A of IPC. We also try to effectively negotiate and settle the matter in between the parties so that the parties can be saved from the traumatic experience or move towards any further criminal proceedings. Our company helps the clients to understand the true meaning of the section and also try to help the aggrieved person to get justice and equity. We also file the applications and proceed with the matters in the respective courts.  Matrimonial Cruelty in India is a cognizable, non bailable and non compoundable offence. Whoever, being the husband or the relative of the husband of a woman, subjects any woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Whether it is a case of domestic violence or a case related to property, we the team of Goldbricks legal helps the distressed person and assists our clients with the best advices, suggestions and guidance from one of the best property lawyers in Mumbai