• Can a woman file 498A two times against in laws

I am 30 years old married women living with my husband. My only brother (married with two children) has died in a fatal road accident on March 04 2019. My brother and my parents used to stay seperately. After the death of my brother my sister in law has moved to her parents home. There she lodged false 498A case against me, my husband and my parent's saying that we all are living together and harassing her for dowry. My SIL demanded my dad to register the entire property on her children's name to withdraw the case. Police officer convinced both parties for compromise. My SIL agreed to withdraw the case if we register my brother's portion of property on her children's name. We registered the property on children's (minors) name. Then case got closed in lok aadalat. Can she file 498A case again in future ?
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

Dear Madam,

498a case can be used by a women on the same family multiple times, there is no limit in number as such. However the case itself takes a long time to resolve (most of the cases with monetary settlements) hence chances of filing the case for the second time is too low. At the same times most of the 498 cases ended up  with financial settlements for wives… families of men won’t like to do the positive compromise (reunion) as the women feels highly empowered having won the case in some way (Husbands family did positive compromise).

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi,

From your description, I get that the matter of 498A was settled in the Lok Adalat. I hope you have the certified copy of this order. Since she has left with her children to stay with her parents on her own and settled the previous 498 A matter in the court, she doesn't  have grounds to file a suit under 498A again unless anyone ( from your side) gives her fresh grounds and which she is able to prove in the court . Filing a case is different than proving and winning the case.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

She cannot file fresh 498A case again

 

2) dowry harassment case has been settled in Lok adalat 

 

3) no fresh case would be maintainable 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

She cannot claim any monetary benefits from your father in future 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

She can only file fresh case if there are some new harassment incidents after filing of old case. Otherwise she can't repeat the same incident in fresh complaint

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Even there was no need to compromise. FIR would have quashed by court. And giving her property is no issue, In brother property, your mother had 1/4th share rest 3/4th was of widow and children. So settlement is not at lose.

Daughter in law has no special right over a self acquired property of the in-laws. Only on father`s intestate demise, she and children will inherit along with you. So, tell your father to execute WILL.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. While settling her claim and transferring property, you should have obtained a registered Settlement Deed from SIL.

2. Anyways, once matter/case is settled in Lok Adalat, THEN filing case again is barred by law under article 21 (repeating same complaint once again & prosecutions).

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No she cannot file 498a again on same set of facts now since she is living separately and there is no cause she cannot for same file a case against you or your family or parents. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See she has no right as such to claim any property or maintenance from your father though in case your father dies intestate without will then she will get more share from remaining property that is share of brother on intestate demise. SO father can make will of remaining property or can gift same to other person he wants. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- Yes , she can filel 498A case again , if she continues to live with you, even after the death of her husband , against in laws as well.

- Further, if there was already an FIR under section 498A , then no court or Lok Adalat has power to close the said FIR legally, except Quashing from the High Court.

- Further, if property already has been given to her childen after taking her consent , then she/child cannot claim in future. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

So far as property is concerned she is only e have right to get the property of her husband's share in the name off herself and children in equal proportion. She cannot demand entire property to be registered in the name of the children by the father-in-law however case of 498 a is possible to be registered and it will be investigated by the police before making any arrest however you can move to High Court to get this FIR quashed   or to get stay of arrest till completion of investment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi,

She may claim maintenance as per the Hindu Adoption and Maintenance Act. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Compounding of 498A by the complainant does not preclude her from filing it again in future if there is a fresh cause of action in her favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ans:

By law she cannot file any further case on the same lines.

It is not allowed. However, obtain a certified copy of the lok aadalat order whereby the matter was settled. obtain sufficient copies of the order for future references. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

she cannot file fresh 498a. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If Property is transferred, she cannot claim any monetary benefits.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Since the case has been disposed through lok adalat, she cannot once again approach court with the same cause of action.

Her fresh application with the same reason of the same cause of action will not be entertained by police or it will not be maintainable.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

She cannot claim any share of property or money from your father for any reason, especially during his lifetime.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Yes she can file 498 A FIR again after some time. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer