Home | Legal Advice | Criminal Law | Section 498 A, illicit relationship causes cruelty

Section 498 A, illicit relationship causes cruelty

Shivendra Pratap Singh

Advocate

24/03/2017/ 3:25:10 AM

Reading Time:

My husband used to give me threats to face grave consequences if I disclose his illicit relationship. He has an illicit relationship with some women of easy virtue therefore he gives such treats. I became very frustrated out of such threats, therefore, decided to end my life. I have two young children so I cannot take such a harsh step and leave my children in destitution.

However, I have left my matrimonial home because of continuous threats and cruel behaviour of my husband. My in-laws are a very kind nature person, therefore, I don’t want to tell that truth. Can I file a cruelty case against him?

Question from: Maharashtra (Criminal law)

Certainly, you can file a complaint against him for the offence of cruelty. The act of cruelty is punishable under section 498 A of Indian Penal Code (IPC). Your husband has been giving threats with the purpose to shut your mouth so his act is the amount to cruelty under section 498 A.

Cruelty is willful conduct of husband which is likely to cause grave injury or danger to life. In your case he intentionally giving such threats, therefore, creates a danger to your life. He knows that you can disclose his illicit relationship therefore he has been giving such threats.

In Laxman Ram Mane vs. State of Maharashtra, (2010) 13 SCC 125 it is held by the Supreme Court that:

“An illicit relationship of a married man with another woman would clearly amount to cruelty within the meaning of Section 498-A.”

You have been facing mental distress because of such threats. Such illicit relationship may cause mental harassment as well as mental distress. You have to prove that such threats may cause grave injury or danger to life, limb or health either mental or physical.

You can also adduce some evidence that such illicit relationship has ruined your marital life therefore you have lost companionship, affection, love or sexual relationship.

In Pinakin Mahipatray Rawal v. State of Gujarat, (2013) 10 SCC 48 the Supreme Court has opined that

“Marital relationship” means the legally protected marital interest of one spouse to another which include a marital obligation to another like companionship, living under the same roof, sexual relation and the exclusive enjoyment of them, to have children, their upbringing, services in the home, support, affection, love, liking and so on.

In Gananath Pattnaik v. State of Orissa [(2002) 2 SCC 619 the Supreme Court has held that

“Cruelty, as defined in section 498 A IPC, does not necessarily require physical harm. Even mental torture or abnormal behaviour may amount to cruelty or harassment in some cases.”

In Pinakin Mahipatray Rawal v. State of Gujarat, (2013) 10 SCC 48 the Supreme Court has opined that

Mental cruelty indeed varies from person to person. It depending upon the intensity and the degree of endurance. If such act causes mental trauma, harassment or torture to the wife then definitely it amounts to cruelty.

You can file a complaint under section 200 of the code of criminal procedure in order to initiate criminal proceeding against your husband. If you have evidence like some intimate photographs etc. then it will establish your case. If you filed the complaint along with sufficient evidence then the court will immediately take cognizance and issue process against your husband.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Conviction in violation of Section 50 NDPS Act

Question: Please advise whether I have any remedy against the conviction in violation of Section 50 NDPS Act. On 2nd April 2018 Mr. Takunichi was on his way to Changlang from Itanagar travelling in a white Scorpio bearing registration No. XXXX. His friend Mr. Dikunima...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54