FAQ

What is 498a Case?

Ans – Section 498a IPC was introduced in the year 1983 to protect a married woman from being subjected to cruelty. Section 498a IPC deals with the violence/cruelty and harassment subjected to a woman after her marriage by her husband or her in-laws or relative of the husband.

What is the punishment in 498a?

Ans- Imprisonment for a term which may extend to 3 years and shall also be liable to fine if found guilty.

Whether 498a is bailable or non-bailable and what is the procedure to get bail?

Ans- 498a offence is non-bailable and cognizable. Meaning thereby that the police officer is duty-bound to register an FIR if the complaint made discloses offences which are covered under 498a IPC. After the registration of FIR, the person who is named in the FIR can approach the court directly for seeking anticipatory bail under section 438 CRPC and after the arrest, a person is required to get regular bail. However as of now there are certain guidelines which have been issued by the Hon’ble courts under which arrest is not mandatory and charge sheet can be filled before the Magistrates without arrest.

Which type of relief can be granted under the domestic violence act?

Ans- A complainant can be made before the Magistrate under section 12 of the PWDV Act 2005 seeking certain relief mainly: - Protection order, Residence order, Monetary relief etc. by the aggrieved women. It is a quasi-criminal case where bail is not required and proceedings of the case run as the cases under section 125 CRPC.

Whether both types of cases that are maintenance cases under section 125 CRPC and cases under the Domestic violence act can be run concurrently?

Ans- Both cases can run concurrently in the respective courts but so far as maintenance is concerned, the amount of maintenance is payable at one place  only which is a higher side, in the case both courts have passed maintenance orders.

What is the easy process to get a divorce?

Ans- On merit, divorce is not easy in India as it takes a long time to decide the case but on the basis of settlement between the parties, on the ground of mutual consent ,divorce can be granted within a month under section 13B of HMA 1955.

Whether Husband can also seek maintenance?

Ans- The husband is not entitled to seek maintenance under section 125 CRPC or the Domestic Violence act, however, the Husband can seek maintenance under section 24 of HMA 1955 if he is able to establish his case on merit.

Whether transfer petition can be filled in the Supreme Court directly?

Ans- If transfer petitions are arising out of the inter-state transfer of the case whether it is criminal or civil, either party who is involved in the case, can approach the Supreme Court directly to transfer the case from one state to another state.

What is the success rate of the quashing of FIR pertaining to offence under section 498a IPC?

Ans- Quashing of FIR in 498a cases is not easy however, in few stances High Courts under its inherent jurisdiction under section 482 CRPC have quashed the FIR’s on the ground of territorial jurisdiction and also where allegation labeled in the FIR does not meet the requirement of ingredients of 498a IPC. In other words, if the court finds that the prima facie allegations are false then the court can straight away quash the FIR.

What is the pecuniary jurisdiction of Consumer Courts in India?

Ans- Now Consumer Protection Act 2019 has come into effect and as per the new act, the pecuniary jurisdiction of the District Commission is up to 1 Crore. Above 1 Crore to 10 Crore is the pecuniary jurisdiction of the State Commission and above 10 Crore is the pecuniary jurisdiction of the National Commission.