Nitish Banka

    • Can wife file 498a after 7 Years of Marriage?

    Some of you may be having a misconception that wife cannot file false 498a after 7 years of marriage, but the answer of this question lies in the laws itself, today this misconception will be removed.

    Lets read first section 304 B

    the ingredients of 304 B are attracted before 7 years of marraige, if there is demand of dowry.

    498a talks about dowry demand only not dowry death, so the misconception comes from 304 B.

    What about 498a, when it cannot be filed?

    The answer to this question lies in section 468 and 472 CrPC. Section 468

    Therefore three years is the time period to file 498a.

    But I have seen cases which are filed above 3 years time period, What about those cases?

    The time period of 3 years is the period start from date of offence date.

    But 498a is a matrimonial offence and is continuing offence as declared by Hon’ble Supreme court.

    Example of 498a filed after 3 years

    if suppose in a FIR there is allegations in years 2011, 2012,2014 and 2018. The offence will get fresh lease of limitation from 2018 onwards, i.e 498a can be filed 3 years from 2018, therefore by virtue of 472 CrPC the limitation is extended

    By: Advocate Nitish Banka