Can sister/Mother lodge a complain under 498a against Brother's/Son's wife?
2 years ago
Can sister/Mother can lodge a complain under 498a against Brother's/Son's wife? If yes, then is there a time limit that it can be filed in the specific time limit?
A.Hi,
Section 498a gives protection to the wife against any abuse caused by the husband. However, such a case cannot be filed under this section against the brother's/ Son's wife. This would be beyond the scope of the act.
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Section 498a gives protection to the wife against any abuse caused by the husband. However, such a case cannot be filed under this section against the brother's/ Son's wife. This would be beyond the scope of the act.
If you like my answer, please rate me.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Sister in law or mother in law cannot take resort of Section 498A IPC ,1860, as amended up to date but can file the domestic violence case against the Brother's/ son's wife under THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, who lives or have at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
Domestic Violence case is not maintainable after one year of no-cohabitation.
Domestic Violence case is not maintainable after one year of no-cohabitation.
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A.Section 498A is a law for protection of a woman against the cruelty done by the husband and it's relatives hence a mother or sister of a person can not file a complaint against the person's wife. If you wan to file a complaint like that you can do so under Domestic Violence Act.
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