Reply : Misuse of 498A

Forums > Discussion Forum > Family & Personal Laws Forum > Comments > Addition > Addition 1

Date: Thursday, 29 July 2004
Time: 12:07:33 PM


Note that, nothing prevents anybody from filing a complaint with the police at any time, whether true or false.
However, in case a long time has elapsed, the police ought not to take cognizance of the complained offence, and upon cursory enquiry ought to simply file it.
As regards the punishment, just in case you are convicted anything upto 7 years of imprisonment and fine, or else the only punishment is to waste your time attending the court and bear the burden of lawyers' fees and all other incidental expenses.
As regards lodging the cross complaint, it depends on the lapse of time from the date of offence, and its nature, it should not look like having been filed simply as a counter-blast to her complaint.
As regards getting a divorce, you can file for one, generally after one year from the date of marriage.
Satish Maheshwari.
Chief Attorney.