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

[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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