Cruelty for Dowry and Divorce

[leaglesamiksha]

Sec 498A of Indian Penal Code, 1860 says “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.”
Ques: What is the role of Sec 498A in the cases of divorce? Can a complaint under this section be filed after the divorce?

Topic

[Intern]

Actions which are brutal in nature in order to cause harm and danger to the life of a woman establishes cruelty which hits her mental and physical well-being. Cruel or brutal behavior towards woman especially by her spouse is absolutely illegal which ultimately affects her social and personal life.

Indian penal code 1860 ensures protection of women from such brutality after her marriage caused by her spouse or any of his relatives. Section 498a clearly states cruelty as an offence caused by the husband or his relatives posing a threat to her life either by physical intimidation or mental pressure, punishable with sentence of three years along with fine.

Administration of such a brutal behavior by a husband after marriage compromises the existence of a marital relationship. As such cruelty propagates a ground for divorce leaving no chance of preserving such a relation, under Hindu Marriage Act, 1955. Mere apprehension of such a behavior which can pose a danger to her life can result in separation of the spouses.

The legality of such provision extends to the fact that the aggrieved can approach the court of law and can claim divorce under section 13(1)(a) suffering from such a coerced behavior causing mental distress and physical intimidation posing a threat to her existence.

Generally the reason behind such a cruel and inhuman attitude towards women is the greedy demands made by the husband asking dowry or other unlawful demands considering as their princely rights. The demands are accompanied with physical violence and verbal abuses with filthy language for disturbing the mental peace of the aggrieved. Mental torture and psychological distress further leads to destruction of the peaceful marital life.

In order to constitute cruelty, ordinary distress in normal course of marriage is not considered as brutal conduct. The act must be extraordinary leaving no chance of living with the spouse causing threat to the life and reputation. The conduct must be of such a nature that it becomes impossible for the wife to continue as a spouse in the current relationship accompanied with mental agony and harassment of mind and body. This can be clarified in the case of Naveen Kohli v/s Neelu Kohli.

[Intern]

WHAT IS THE ROLE OF SECTION 498(a) OF INDIAN PENAL CODE IN THE CASES OF DIVORCE? CAN IT BE FILED AFTER THE DIVORCE?
Section 498(a) of the Indian Penal Code says “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.” This section basically deals with two very famous notions upon which the majority of divorce cases are filed by the wife. They are:
(i) Domestic Violence- A cruel act of the husband or relatives of the husband of mentally or physically torturing the wife is called domestic violence.
(ii) Demand for Dowry- A pressure on both the wife as well as her parents for the prize of the bride like a car, cash, house, etc. is called dowry.
In both these situations, the wife can take scary steps of taking her life herself or even she is forcefully killed by her in-laws and hence if an FIR is filed, they can be held liable and may have to suffer the punishment. It plays a vital role in the case of divorce as it may even result in instant divorce because it is a matter of criminal offense.
Yes, it can be filed after the divorce has already happened. It totally depends upon the extent of domestic violence and the merits that the parties have in the matter of the case.
– PREYANSI ANAND DESAI

[ananya_sakpal]

Sec 498 A of IPC was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. The offense under Section 498A is cognizable, non-compoundable, and non-bailable. The expression “cruelty” has been defined in wide terms to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment to coerce her or her relations to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the sweep of the latter limb of the section. Creating a situation driving the woman to commit suicide is also one of the ingredients of “cruelty”.
Cases under 498 A are completely different and distinct from matrimonial petitions like divorce. Matrimonial petitions are civil, while in 498 A if a person is accused of an offense, which if established in court, can get the person punished. Regardless of the fact who has filed the suit of divorce, if the prosecution succeeds in establishing that the husband has committed the offense u/s 498 A, then he would be prosecuted and punished for it, despite if he had filed the divorce petition first. Therefore, yes, a complaint u/s 498 A can be filed after the divorce.
Many instances have come to light where the complaints are not bona fide and have been filed with oblique motive. In such cases, the acquittal of the accused does not in all cases wipe out the ignominy suffered during and before trial. Sometimes adverse media coverage adds to the misery. By misuse of the provision, new legal terrorism can be unleashed. The provision is intended to be used as a shield and not as an assassin’s weapon. However, a mere possibility of abuse of a legal provision does not invalidate it. Section 498-A is constitutional, Sushil Kumar Sharma v. Union of India, [2005] 6 SCC 281.

[divyansh_jasoria]

What is the role of Sec 498A in the cases of divorce? Can a complaint under this section be filed after the divorce?
This section was inserted to safeguard women from cruelty by husbands and their relatives in marital life. In our society marriage has great significance. They are entitled to equal rights as to marriage, during the marriage, and at its dissolution. In marital life, many women are facing cruelty from husbands and their relatives. To safeguard women from cruelty, section 498A of the Indian penal code was inserted by the criminal law (second amendment) act, 1983.
Section 498A of Indian Penal Code, 1860-
Husband or relative of husband of a woman subjecting her to cruelty – 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.
Cruelty can be understood in this section –
1. Violence-
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman.
2. Dowry demand-
Harassment of the women where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Cases under 498A are completely different and distinct from matrimonial petitions like divorce. Matrimonial petitions are civil, while in 498A if a person is accused of an offense, which if established in court, can get the person punished. Regardless of the fact who has filed the suit of divorce, if the prosecution succeeds in establishing that the husband has committed the offense u/s 498 A, then he would be prosecuted and punished for it, despite if he had filed the divorce petition first. Therefore, yes, a complaint u/s 498 A can be filed after the divorce.
Yes, it can be filed after the divorce has already happened. It totally depends upon the extent of domestic violence and the merits that the parties have in the matter of the case. But we have to note that complaints should not be false.

By – Divyansh Jasoria

[Author]

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