LAW FOR ALL

Section498-A IPC - irrespective of validity of the customary divorce effected between the second respondent and the petitioner on 30.04.1994, the fact is that they have been residing separately since then. The question of the petitioner harassing the second respondent therefore, will not arise. Moreover, the limitation for taking cognizance of the offence punishable under Section 490-A IPC as per Section 468 Cr.P.C. is three years. Since the parties have been residing separately since 30.04.1994, the alleged offence punishable under Section 498-A IPC against the petitioner is barred by limitation on the date of report lodged by the second respondent. Further, even if the entire allegations levelled in the report are considered to be true, they do not constitute any offence punishable under Section 498-A IPC. If a case of this nature is allowed to be investigated into, it is nothing but abuse of process of law and it would cause undue harassment to the petitioner and permitting such investigation would result in miscarriage of justice.