LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Sunday, October 31, 2010

what is cruelty ?

sec, 498 A and explanations [a] and [b] - to constitute cruelty within meaning of exp.[a] conduct on part of husband or relatives of husband of woman, must be of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life ,limb, or health, whether mental or physical of a woman. To constitutes cruelty of exp.[b] - thee must be harassment of woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security . In the absence of any such allegations neither in FIR nor charge make out a case under section 498A - that FIR and charge sheet both are liable to quashed under sec.482 of Cr.P.C. 2009 [2] ALD Cri. SC 497.