Wifes parents and brother becoming witness in 498 case
6 months ago
My wife filed false 498 case against me 3 years ago when i caught her adultery. now IO has filed chargesheet and in last date Court framed charges against me , mother , father ,Sister , brother in law. She is very cruel. I GOT ANTICIPATORY FROM SESSIONS COURT
my both Kids are with me
I saw chargesheet and now her parents and brother have become witness , there is no other witness or proof attached.
Her father and brother are after my money and my flat. since they dont have any source of income
She is not ready to divorce now and now willing to stay only keeps filing new NC , cases etc.
3 years and staying alone with her parents and taking rent from me.
kindly advise what is impact of such witness in 498, Do simple domestic fight attracts Jail in 498
what is minimum punishment that court gives in 498?
A.Dear Client,
Since matters of cruelty under IPC Section 498A are related to matrimonial homes, most of the witnesses are related to each other by birth or marriage. Hence, they are the interested parties whose statements may or may not be genuine enough to be relied upon by the judges. The Supreme Court judgment on 498A passed in Surendran v. State of Kerala, 2022 SCC OnLine SC 621, reiterated the well-settled principle of law that “the evidence tendered by the related or interested witness cannot be discarded on that ground alone. However, as a rule of prudence, the Court may scrutinize the evidence of such related or interested witness more carefully.” Section 498A of IPC 1860 provides that “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. To protect the husbands and their relatives against the misuse of 498A, one such Supreme Court judgment on 498A IPC was Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 wherein, the Apex Court directed the police authorities not to automatically arrest in a Section 498A IPC case or other cognizable offense, but satisfy themselves on necessity for arrest following the parameters prescribed under Section 41 CrPC. This case brought some relief for husbands dealing with false cruelty cases ruining marriages. The same was followed in the latest Supreme Court judgment on 498A in 2022 – Satender Kumar Antil v. CBI, (2022) 10 SCC 51.
Since matters of cruelty under IPC Section 498A are related to matrimonial homes, most of the witnesses are related to each other by birth or marriage. Hence, they are the interested parties whose statements may or may not be genuine enough to be relied upon by the judges. The Supreme Court judgment on 498A passed in Surendran v. State of Kerala, 2022 SCC OnLine SC 621, reiterated the well-settled principle of law that “the evidence tendered by the related or interested witness cannot be discarded on that ground alone. However, as a rule of prudence, the Court may scrutinize the evidence of such related or interested witness more carefully.” Section 498A of IPC 1860 provides that “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. To protect the husbands and their relatives against the misuse of 498A, one such Supreme Court judgment on 498A IPC was Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 wherein, the Apex Court directed the police authorities not to automatically arrest in a Section 498A IPC case or other cognizable offense, but satisfy themselves on necessity for arrest following the parameters prescribed under Section 41 CrPC. This case brought some relief for husbands dealing with false cruelty cases ruining marriages. The same was followed in the latest Supreme Court judgment on 498A in 2022 – Satender Kumar Antil v. CBI, (2022) 10 SCC 51.
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A.Dear
Section 498A of the Indian Penal Code (IPC) deals with cruelty by a husband or his relatives toward a married woman. The punishment for the offense under this section can vary based on the evidence presented and the specific circumstances of the case. Here are some key points to consider:
Impact of Witnesses: Witness testimony is a crucial aspect of any legal case. The credibility of witnesses and the strength of their testimony can significantly influence the outcome of the trial. However, the veracity of the witnesses' claims can be challenged and scrutinized during the legal proceedings.
Domestic Disputes and 498A: While the section primarily aims to protect women from cruelty and harassment in the context of marriage, it is essential to present a clear case that proves the existence of the alleged offenses. Simple domestic disputes may not necessarily attract severe punishment under Section 498A, but if the court finds evidence of cruelty and harassment, it can lead to serious consequences.
Minimum Punishment: The minimum punishment under Section 498A can include imprisonment for up to three years and a fine. However, if the cruelty involves assault or other serious actions, the punishment can be more severe.
Section 498A of the Indian Penal Code (IPC) deals with cruelty by a husband or his relatives toward a married woman. The punishment for the offense under this section can vary based on the evidence presented and the specific circumstances of the case. Here are some key points to consider:
Impact of Witnesses: Witness testimony is a crucial aspect of any legal case. The credibility of witnesses and the strength of their testimony can significantly influence the outcome of the trial. However, the veracity of the witnesses' claims can be challenged and scrutinized during the legal proceedings.
Domestic Disputes and 498A: While the section primarily aims to protect women from cruelty and harassment in the context of marriage, it is essential to present a clear case that proves the existence of the alleged offenses. Simple domestic disputes may not necessarily attract severe punishment under Section 498A, but if the court finds evidence of cruelty and harassment, it can lead to serious consequences.
Minimum Punishment: The minimum punishment under Section 498A can include imprisonment for up to three years and a fine. However, if the cruelty involves assault or other serious actions, the punishment can be more severe.
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