498A Guidelines
Through this article I will be assisting you on whether to file a criminal case under section 498a of IPC or not?
What do you want from 498A?
Whether you want revenge or want to extract money or just to punish your in-laws, decide what you want ultimately by filing the case. Since 498A is for cruelty decide that whether the acts are so cruel that punishment is the only way left then only you must go ahead and file 498A, otherwise it is recommended to exploit other remedies first like maintenance,
divorce etc. So first decide.
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What you have evidence in hand?
If you have a solid incriminating evidence that you feel is sufficient to file the case and positively you will win it, then only you should lodge an FIR or lodge a complaint else you would be wasting years for nothing.
What do you want out of your relationship?
If you want to end your relationship and also want to punish your in laws then 498A is best remedy. But if you think that 498A is a tool to extract money or solve your relationship problems, then I must say you are going wrong. In the end nobody wants to live with a spouse who has lodged criminal case against them.
Think before you leap, you should first think on abovementioned grounds before deciding to file a case under 498A.In the end it is the relationship which would get affected. My advice would be to file 498A only when the situation is so grave and you only want is punishment. Be clear and save your precious time and relationship. Do every possible things before lodging 498A.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997