What is Section 498A IPC?
Section 498A of the Indian Penal Code is a legal provision introduced in 1983 to protect married women from cruelty by their husband or his relatives. Under this law, cruelty includes any physical or mental harm, harassment over dowry demands, domestic violence or conduct that may drive a woman to suicide or life threatening situation.
Offences under Section 498A are:
- Cognizable (police can arrest without warrant),
- Non-bailable, and
- Non-compoundable (cannot be settled outside court).
The punishment may extend up to three years of imprisonment along with a fine.
Using 498A As Ground For Divorce
Domestic violence and dowry-related harassment are not just criminal offences they are also grounds for divorce and legal separation. If a woman is facing cruelty in marriage, filing a complaint under 498A can run alongside her divorce proceedings. It can strengthen her case when seeking maintenance, custody, or protection orders.
Section 498A is Misuses
While Section 498A is meant to protect women, nowadays it’s been widely misused by womens to falsely file charges on husbands or their families during little marital disputes. Some cases also found where women getting married to multiple person and then file fake dowry case on family and then demands money to settle the case. Such misuse can lead to unnecessary arrests, social stigma, and mental trauma.
How Our Law Firm Can Help
At Divorce Lawyer New Delhi, we understand how someone can misuse the section 498A that’s why we ensure that you get all judgement in your favour.
- If you are a woman facing cruelty, harassment, or dowry demands, our team will assist you in filing 498A complaints, obtaining protection orders, and pursuing divorce or maintenance.
- If you are a man wrongly accused under 498A, we will help you fight false allegations, apply for anticipatory bail, and protect your legal rights.
Our team deals with 498A cases, Domestic Violence Act proceedings, and allied criminal matters that often arise during or after divorce filings. We aim to resolve issues with legal clarity, empathy, and fairness. If you found your self in the same situation don’t hold back and talk to our lawyer now.