Can daughter in law file 498A IPC case only against mother in law?

[Anonymous]

We have a small house where I live with my husband, my son and my daughter in law. My son is not having good relations with us, i.e., with me and my husband. He wants more space in the house and does not even pay for the house rent or household expenses. He also keeps on shouting at us. Due to this, we have strained relations with our son. He keeps instigating his wife (that is, my daughter in law) to file a 498A IPC case against me. His purpose is to harass us to extract some concessions from us. My simple question is like this: can my daughter in law file a 498A case against me alone, without filing the complaint against her husband?

[Dr. Ashok Dhamija]

Section 498-A of IPC uses the language: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine”.

Since the language used is husband OR the relative of the husband, it quite clear that a complaint under Section 498-A IPC can be filed only against a relative of the husband also without naming husband also an accused in the same case.

Therefore, legally there is no bar for a daughter-in-law for filing a complaint under Section 498-A IPC only against her mother-in-law without including the name of her husband also as an accused in the same complaint.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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