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Delhi · Cruelty and dowry · Sections 85, 86 BNS (498A IPC)

498A and Dowry Harassment Cases in Delhi: A Guide for Women and Families

Cruelty and dowry harassment by a husband or his relatives is a serious crime, now under sections 85 and 86 of the Bharatiya Nyaya Sanhita, which replaced section 498A of the IPC. In Delhi, these complaints usually begin at a Crime Against Women cell, may lead to an FIR, and often run alongside divorce, maintenance and domestic violence cases. This guide is written for both sides: for a woman facing cruelty, it explains how to get help, what to file and where; for a husband and his family facing a complaint, it explains their rights, the arrest safeguards and the routes to bail, settlement or quashing. It covers the 2024 and 2025 Supreme Court rulings on vague allegations and family welfare committees, and recent Delhi High Court practice. Share your situation in the form and an enrolment-checked advocate can call you, at no charge to you.

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Quick answer

Since 1 July 2024, cruelty by a husband or his relatives is punished under section 85 of the Bharatiya Nyaya Sanhita (earlier section 498A IPC) with up to three years\' imprisonment and fine; section 86 defines cruelty as wilful conduct likely to drive a woman to suicide or cause grave injury, or harassment to coerce dowry. Dowry death is section 80, and giving or taking dowry is an offence under the Dowry Prohibition Act. In Delhi, complaints usually go first to the Crime Against Women cell of the district, which attempts counselling before an FIR in most cases. A woman can complain where she now lives, not only where her in-laws live. Because the offence carries up to three years, arrest is not automatic: police must normally issue a notice under section 35 BNSS. The Supreme Court has repeatedly warned against vague accusations against relatives, as in Dara Lakshmi Narayana (December 2024), and many cases end in mediation, settlement and quashing by the Delhi High Court. Help: women\'s helpline 181, police 112.

At a glance

Cruelty by husband or relativesSection 85 BNS (earlier 498A IPC): up to three years and fine; cognizable and non-bailable
Meaning of crueltySection 86 BNS: wilful conduct likely to drive the woman to suicide or cause grave injury or danger to life, limb or health (mental or physical), or harassment to coerce her or her relatives to meet unlawful demands for property
Dowry deathSection 80 BNS: death by burns, bodily injury or unnatural causes within seven years of marriage, after cruelty for dowry soon before death; seven years to life
Dowry offencesDowry Prohibition Act, 1961: giving or taking dowry, and demanding it
First stop in DelhiCrime Against Women (CAW) cell of the police district, or the local police station in urgent cases
Where to complainWhere the cruelty happened, or where the woman lives after leaving the matrimonial home
ArrestNot automatic; section 35 BNSS notice procedure and the Arnesh Kumar guidelines apply
SettlementNot compoundable in the trial court; quashed by the Delhi High Court on genuine settlement
HelpWomen's helpline 181; police 112; Delhi Commission for Women; One Stop Centres; free legal aid from the District Legal Services Authority

A law with two sides

Section 498A was added to the IPC in 1983 after a wave of dowry deaths, to give married women a strong criminal remedy against cruelty in their marital homes. It remains vital: dowry harassment and domestic cruelty are real and widespread, and many women suffer in silence. At the same time, courts have recorded that the provision is sometimes used with exaggerated or general allegations against entire families, including elderly parents and relatives living elsewhere. The Supreme Court's response has been to protect genuine victims while requiring specific allegations and preventing automatic arrests. This page reflects that balance: whichever side you are on, knowing the law and the procedure in Delhi helps you protect your rights.

The law in detail

Who can be accused

Section 85 applies to the husband and any relative of the husband who subjects the woman to cruelty. "Relative" has been read to include those related by blood, marriage or adoption; courts have held that a girlfriend or someone not related to the husband is not a relative for this offence. Each accused must be shown to have done specific acts; being part of the family is not enough.

What counts as cruelty

Ordinary quarrels, taunts or the wear and tear of married life are not, by themselves, cruelty in the criminal sense; the conduct must be wilful and of the gravity the section describes.

Dowry death and presumptions

Where a woman dies within seven years of marriage in unnatural circumstances and it is shown she was subjected to cruelty for dowry soon before death, section 80 BNS applies, and section 118 of the Bharatiya Sakshya Adhiniyam lets the court presume the accused caused the dowry death. A similar presumption under section 117 applies to abetment of suicide within seven years where cruelty is shown. These are among the most serious cases and are tried by sessions courts.

Dowry Prohibition Act

Giving, taking or abetting dowry is punishable with at least five years and fine; demanding dowry with six months to two years. Gifts given voluntarily at the wedding without demand, and listed, are not dowry. Any dowry received by someone other than the woman must be transferred to her; failure is an offence.

Time limit

Because section 85 carries up to three years, the criminal procedure law generally requires cognizance within three years. Courts count the period from the last act of cruelty, treating cruelty as a continuing course of conduct, and can condone delay in the interests of justice.

For women facing cruelty or dowry demands

First, safety

Collect and preserve evidence

Your options

OptionWhat it givesWhere
Complaint to CAW cell or policeCounselling, recovery of articles, FIR for cruelty and dowry offencesCAW cell of your district or police station
Domestic violence applicationProtection, residence, maintenance, custody and compensation ordersMetropolitan Magistrate, through a Protection Officer or directly
MaintenanceMonthly support for you and childrenFamily court (see Delhi family courts)
Divorce or judicial separationEnd or suspend the marriage on grounds such as crueltyFamily court
Recovery of streedhanReturn of your jewellery and articlesCAW cell, DV court, family court or criminal complaint

You can use several of these together. An advocate, or free legal aid from the District Legal Services Authority, can help you choose the order. All women are entitled to free legal aid regardless of income (see free legal aid eligibility).

Where you can file

The Supreme Court held in Rupali Devi v. State of Uttar Pradesh (2019) that a woman forced to leave her matrimonial home can file a cruelty complaint where she takes shelter, such as her parents' home, because the effects of cruelty continue there. So a woman who married into a family in another state and now lives with her parents in Delhi can complain in Delhi.

The Crime Against Women cell

Delhi Police has a Crime Against Women (CAW) cell in each police district, and a Special Police Unit for Women and Children at Nanakpura. Matrimonial complaints are usually sent to the CAW cell, which follows a practice developed over years in Delhi:

  1. Complaint: the woman submits a written complaint, which is registered and assigned to an officer, often a woman officer.
  2. Notice to both sides: the husband and in-laws are called, with dates for counselling.
  3. Counselling and mediation: trained counsellors and officers talk to both sides, separately and together, to see whether reconciliation or an amicable settlement is possible.
  4. Recovery of articles: the cell often helps recover streedhan and personal belongings, recording a list of items returned.
  5. Decision on FIR: if counselling fails and the complaint discloses cruelty or dowry offences, an FIR is registered, usually with the approval of senior officers. In serious cases, such as grievous injury or attempts on life, an FIR is registered at once without waiting.

For a woman, the CAW cell can be a quicker route to getting belongings back and a clear record of the complaint. For the husband's family, attending every date, bringing documents and behaving respectfully matters, because the cell's report influences what follows.

After an FIR: investigation and trial

  1. Statements: the investigating officer records the complainant's statement and those of witnesses; medical and documentary evidence is collected.
  2. Notice to accused: accused persons are usually issued a notice of appearance under section 35 BNSS and asked to join investigation.
  3. Recovery: articles of streedhan may be recovered and seized, and a list prepared.
  4. Charge sheet: filed before the Metropolitan Magistrate if the police find evidence; otherwise a closure report. The complainant can oppose a closure report through a protest petition.
  5. Charge: the court frames charges against those with sufficient evidence and discharges others. Relatives with only general allegations are often discharged here.
  6. Trial: evidence of the complainant, her family, doctors and police, then the defence. Section 85 cases are tried by magistrates; dowry death cases by sessions courts.
  7. Judgment and appeal: appeals go to the sessions court and then the Delhi High Court.

Trials in matrimonial cruelty cases in Delhi often take several years, which is one reason many parties choose mediation and settlement.

For husbands and families facing a complaint

Being named in a cruelty or dowry complaint is frightening, especially for elderly parents and relatives who may barely have known the couple's daily life. Some practical guidance:

Elderly parents and distant relatives

Section 35(7) of the BNSS bars arrest without the permission of a senior officer (in Delhi, an Assistant Commissioner of Police) for offences punishable with less than three years where the accused is over 60 or infirm. While section 85 carries up to three years, courts and the police treat elderly parents with particular care, and the Supreme Court has repeatedly said relatives should not be roped in on general allegations. The Delhi High Court in November 2025 criticised the growing tendency to name even distant relatives who did not live in the matrimonial home and quashed proceedings against a husband's aunt and cousin.

Husbands living abroad

Non-resident husbands named in FIRs can apply for anticipatory bail through an advocate, but courts often require them to join investigation. Not appearing can lead to warrants, lookout circulars and, in some cases, action on passports. Engaging early, including in mediation by video, is usually wiser than staying away.

Your own grievances

If the complaint is false and malicious, the remedies are in court: seeking discharge, quashing or acquittal, and in clear cases, proceedings for false complaints or defamation. Filing counter-complaints merely to pressure the other side usually backfires.

Arrest, notice and bail

What the Supreme Court and Delhi High Court have said

CaseYearPrinciple
Preeti Gupta v. State of Jharkhand2010Courts must scrutinise allegations against relatives who do not live with the couple; exaggerated implication harms families and the institution of marriage.
Arnesh Kumar v. State of Bihar2014No automatic arrest in 498A and other offences up to seven years; police must justify arrest.
Rajesh Sharma v. State of UP, modified by Social Action Forum for Manav Adhikar v. Union of India2017, 2018Family welfare committees were first directed in 2017; the 2018 judgment withdrew that direction, holding that police and courts must follow the law without such committees.
Rupali Devi v. State of UP2019A woman can complain where she lives after leaving the matrimonial home.
Kahkashan Kausar v. State of Bihar2022General, omnibus allegations against in-laws without specific acts do not justify prosecution.
Achin Gupta v. State of Haryana2024Courts should look beyond the FIR's wording at the surrounding circumstances where a complaint follows a breakdown and appears retaliatory.
Dara Lakshmi Narayana v. State of TelanganaDecember 2024Proceedings quashed against husband's relatives on vague allegations; the provision should not become a tool of personal vendetta.
Shivangi Bansal v. Sahib BansalJuly 2025Allahabad High Court family welfare committee and two-month guidelines endorsed; the Court also dissolved the marriage and ordered an apology for false cases in that case.
Delhi High Court (Justice Amit Mahajan)2025Growing tendency to name distant relatives deprecated; proceedings against aunt and cousin quashed.
Delhi High Court (Justice Manoj Jain), Vivek Kohli v. StateMarch 2026FIR under 498A and 406 quashed on settlement recorded before the Tis Hazari family court, subject to costs paid to the legal services authority.

These rulings protect against misuse; they do not dilute the offence. Where specific acts of cruelty or dowry demands are alleged with supporting material, courts continue to prosecute and convict.

Settlement and quashing

Section 85 is not compoundable, so the trial court cannot simply close the case on settlement. The route in Delhi is:

  1. Mediation: through the CAW cell, the mediation centre of the court complex, or the family court's counsellors. Most matrimonial settlements in Delhi are reached here.
  2. Written settlement: covering alimony and maintenance, return of streedhan, custody and visitation, the mode of divorce (usually mutual consent), withdrawal of all cases, and the schedule of payments.
  3. Recording in the family court: the settlement is recorded in the divorce or maintenance case, and the mutual divorce proceeds.
  4. Quashing petition: the accused file a petition in the Delhi High Court under section 528 BNSS, with the complainant's affidavit of no objection. Both usually appear before the court to confirm the settlement.
  5. Order: the High Court quashes the FIR, often directing a token amount of costs to be deposited with a legal services authority or welfare fund, as in Vivek Kohli v. State (March 2026), where Rs 20,000 was ordered.

The Supreme Court's decisions in B.S. Joshi v. State of Haryana (2003) and Gian Singh v. State of Punjab (2012) support quashing in matrimonial disputes that are essentially private. Payments are commonly split between the first motion of divorce, the second motion and the quashing, so neither side is exposed.

Choosing an advocate

Check Bar Council of Delhi enrolment and read how to choose an advocate, family lawyers in Delhi and criminal lawyers in Delhi.

If you would like an advocate to call you, describe your situation in a few lines in the form at the top of this page. Delhi advocates with checked enrolment who take matrimonial and criminal work will see it; your phone number is shown only to the one who agrees to help. Mara Vakil takes no money from you, and you settle the fee with the advocate.

Examples

These are composite illustrations, not real cases.

Getting belongings back through the CAW cell

A woman in Janakpuri leaves her in-laws' home after repeated dowry demands and a slap. She complains to the West district CAW cell. At the first counselling session, the cell records a list of her jewellery and articles. The in-laws return most items at the second session, but the dowry demands are admitted in messages. Counselling fails, and an FIR under sections 85 and 86 BNS and the Dowry Prohibition Act is registered against her husband and mother-in-law. Her sister-in-law, who lived in Pune, is not named.

Elderly parents protected

A couple in Mayur Vihar separates, and the wife's complaint names the husband, his parents in their seventies and two married sisters living in other cities. The sessions court at Karkardooma grants anticipatory bail to the parents and sisters, noting the general nature of allegations against them, and interim protection to the husband, referring the couple to mediation.

Settlement and quashing

After a year of litigation, a couple from Rohini agrees on a lump sum of alimony, return of articles and shared custody of their son. They obtain a mutual divorce, and the Delhi High Court quashes the FIR on a joint petition, with a small amount of costs.

A case that goes to trial

A woman in Sangam Vihar suffers repeated beatings and is hospitalised. Medical records, neighbours' statements and messages demanding money support her complaint. The husband's quashing petition is dismissed, and the case proceeds to trial, ending in conviction.

Mistakes to avoid

For complainants

For accused families

Documents checklist

For the womanFor the husband and family
Marriage certificate, wedding photos and invitationMarriage certificate and wedding expense records
List of streedhan with bills and photosRecords of any articles returned, with receipts
Medical records and MLCProof of separate residence or work for relatives
Messages, emails and recordingsMessages showing the real nature of the dispute
Income details of the husband, for maintenanceIncome documents for the maintenance affidavit
ID and address proof for jurisdictionCopies of the complaint, notices and FIR

How long things take in Delhi

Recent developments

DateDevelopment
1 July 2024Section 498A IPC replaced by sections 85 and 86 BNS; dowry death by section 80; presumptions moved to the Bharatiya Sakshya Adhiniyam
2024Achin Gupta v. State of Haryana: courts to look at the surrounding circumstances of retaliatory complaints
December 2024Dara Lakshmi Narayana: vague allegations against relatives quashed
January 2025Supreme Court: section 35 notices not to be served by WhatsApp
July 2025Shivangi Bansal: Allahabad High Court family welfare committee guidelines endorsed
November 2025Delhi High Court deprecates naming distant relatives
March 2026Delhi High Court quashes 498A FIR on settlement with costs, Vivek Kohli v. State

Words you will hear

Support available in Delhi

ServiceWhat it does
Women's helpline 181Round-the-clock support, rescue coordination and referral
Police 112Emergency response
Delhi Commission for WomenComplaints, counselling, crisis intervention and help with police and courts
National Commission for WomenComplaints, including about NRI husbands, and a WhatsApp helpline
One Stop CentresShelter, medical help, counselling, police assistance and legal aid under one roof
Protection OfficersHelp file domestic violence applications and prepare incident reports
District Legal Services AuthoritiesFree lawyers for all women, regardless of income
CAW cellsCounselling, recovery of articles and registration of complaints

Children caught in the middle

When children are involved, their welfare should guide every step. Interim custody and visitation can be sought quickly in the family court or under the DV Act. Courts discourage using children as leverage in criminal cases, and settlements should include clear arrangements for custody, visitation, schooling and maintenance. Children's statements are taken in criminal cases only when necessary and with sensitivity. Parents on both sides should avoid involving children in the dispute or in social media posts.

Step-by-step plans

If you are a woman facing cruelty

  1. Get safe, and call 112 or 181 if in danger.
  2. Get medical treatment and an MLC if injured.
  3. Preserve messages and make a list of your streedhan.
  4. Contact an advocate or the District Legal Services Authority for free legal help.
  5. File a complaint with the CAW cell or police, and consider a DV application for urgent protection and maintenance.
  6. Attend counselling if you wish, and decide on divorce, settlement or prosecution with advice.

If your family is named in a complaint

  1. Read the complaint or notice carefully and note the dates.
  2. Consult an advocate about anticipatory bail, especially for elderly or vulnerable members.
  3. Attend the CAW cell and police dates with documents.
  4. Return any articles belonging to the woman, with a written list.
  5. Explore mediation in good faith.
  6. If the case continues, prepare for discharge or trial, and consider quashing if allegations are clearly general or a settlement is reached.

Couples who married by court marriage or Arya Samaj

Cruelty and dowry laws apply equally to marriages registered under the Special Marriage Act and to Arya Samaj and other religious marriages. Inter-faith and inter-caste couples who married against family wishes sometimes face pressure from relatives rather than from the spouse; such pressure can involve other offences and protection remedies, and couples can seek police protection through the courts. Our court marriage page explains registration under the Special Marriage Act and what it means later if the marriage breaks down.

Recovering streedhan in practice

Return of jewellery and household articles is often the first concrete issue in a Delhi matrimonial dispute, and one where quick results are possible.

  1. Make a list: item by item, with approximate weight and value for jewellery, and who gave each item. Attach bills, photos and the wedding video if available.
  2. Ask in writing: a polite written request to the husband and in-laws, by message or letter, records the demand.
  3. CAW cell: the cell can call the family to bring the articles, record what is returned and note what is disputed. Many families return items at this stage.
  4. Police seizure: once an FIR includes criminal breach of trust under section 316 BNS, the police can recover and seize items, which the court can release to the woman.
  5. DV and family court orders: a magistrate under the DV Act or the family court can direct return of streedhan and other belongings.
  6. Jewellery in a bank locker: where jewellery is in a locker in the husband's or in-laws' name, ask the court or police to direct that it be opened in the presence of both sides.

For the husband's family, returning items with a signed acknowledgement and an inventory protects against later disputes about what was returned.

The human side

Matrimonial litigation is exhausting for everyone involved. Women who have faced cruelty may struggle with fear, isolation and financial uncertainty; husbands and their parents may feel humiliated and anxious about arrest and reputation. Counselling, support from trusted family and friends, and keeping children away from the conflict make a real difference. Legal steps work best when taken calmly and with clear goals: safety, financial security and a fair ending for one side; protection from unfair prosecution and a fair settlement for the other. Many families who went through bitter disputes found that mediation, done well, let them move on with their lives far sooner than a decade of trials would have.

Dealing with the police

The Domestic Violence Act route in more detail

Many women prefer the Protection of Women from Domestic Violence Act, 2005 because it offers quick civil relief without immediately prosecuting anyone. In Delhi:

A DV case does not prevent a criminal complaint or a divorce case; the forums are separate but related.

If a woman dies within seven years of marriage

When a married woman dies by burns, injury or in unnatural circumstances within seven years of marriage, the law requires special care:

Families on both sides need experienced counsel immediately in such cases, because early evidence often decides the outcome.

At trial: what decides these cases

Both prosecution and defence benefit from careful preparation of these points from the start.

What a good matrimonial settlement covers

When both sides choose to settle, a complete written agreement prevents fresh disputes later. It typically covers:

Get the agreement recorded by the mediation centre or the family court, so it carries the court's authority. For the divorce stage, see mutual divorce.

Costs and free legal aid

All communities

Sections 80, 85 and 86 of the BNS, the Dowry Prohibition Act and the DV Act apply to women of every religion. A Muslim, Christian, Sikh or Parsi woman facing cruelty or dowry demands has the same criminal and DV remedies as a Hindu woman, while divorce and maintenance follow the applicable personal law and the general maintenance provision of the BNSS. Delhi's CAW cells, Mahila courts and family courts deal with cases from all communities.

Preventing disputes before they start

Families planning a wedding can reduce the risk of later disputes in simple ways. Avoid any exchange that could be seen as dowry; if gifts are given, let them be voluntary and record them in a list signed by both families, as the Dowry Prohibition rules envisage. Keep the bride's jewellery in her own name or locker. Register the marriage, which helps with every later legal step. And if problems arise early in a marriage, seek counselling before positions harden; Delhi has family counselling services, and the CAW cells themselves often help couples reconcile when approached early.

A note on language

People in Delhi still say "498A case" even though the section has been renumbered. FIRs registered before 1 July 2024 continue under section 498A IPC, while newer FIRs cite sections 85 and 86 BNS. The substance of the offence is the same, and courts read earlier judgments on 498A as applying to the new sections.

498A and dowry cases in Delhi: frequently asked questions

What is section 498A now called?

Since 1 July 2024, cruelty by a husband or his relatives is punished under section 85 of the Bharatiya Nyaya Sanhita, with cruelty defined in section 86.

What is the punishment for cruelty under section 85 BNS?

Up to three years' imprisonment and fine.

Is a 498A case bailable?

It is non-bailable, but because the punishment is up to three years, arrest is not automatic and bail is usually granted.

Is section 85 BNS compoundable?

No. The trial court cannot close it on settlement; the Delhi High Court can quash it after a genuine settlement.

What counts as cruelty?

Wilful conduct likely to drive a woman to suicide or cause grave injury to health, or harassment to coerce her or her family to meet unlawful demands for property.

Are taunts and arguments cruelty?

Ordinary quarrels and taunts alone usually do not meet the legal standard; the conduct must be wilful and serious.

Who can be accused under section 85?

The husband and his relatives by blood, marriage or adoption who actually subjected the woman to cruelty.

Can a husband's girlfriend be accused under section 85?

Courts have held that a person not related to the husband is not a relative for this offence, though other offences may apply.

Where should a woman complain in Delhi?

To the Crime Against Women cell of her police district, or the local police station in an emergency.

Can a woman file in Delhi if her in-laws live in another state?

Yes. Under Rupali Devi (2019), she can complain where she lives after leaving the matrimonial home.

What does the CAW cell do?

It calls both sides for counselling, helps recover articles and, if counselling fails and offences are disclosed, registers an FIR.

Is an FIR registered immediately in a dowry case?

In serious cases, yes. Otherwise Delhi Police usually attempts counselling at the CAW cell first.

How do I get my streedhan back?

Through the CAW cell, a DV application, the family court or a complaint of criminal breach of trust under section 316 BNS.

What is streedhan?

Jewellery, gifts and property given to a woman before, at or after marriage, which belong to her.

What is dowry death?

Death of a woman by burns, injury or unnatural causes within seven years of marriage after cruelty for dowry soon before death, under section 80 BNS, punishable with seven years to life.

Is giving dowry also an offence?

Yes. Under the Dowry Prohibition Act, giving, taking or abetting dowry is punishable, though voluntary listed gifts without demand are not dowry.

What is the time limit for a 498A complaint?

Generally three years, counted from the last act of cruelty; courts can condone delay in the interests of justice.

Can elderly in-laws be arrested in a 498A case?

Police should follow the notice procedure, and for offences under three years, persons over 60 or infirm cannot be arrested without an ACP's permission in Delhi.

Will the police arrest the husband immediately?

Not ordinarily. Police must issue a notice of appearance under section 35 BNSS and justify any arrest, following Arnesh Kumar (2014).

Can the husband's family get anticipatory bail?

Yes. Courts frequently grant it to relatives with general allegations and interim protection to the husband during mediation.

What did the Supreme Court say in Dara Lakshmi Narayana?

In December 2024 it quashed proceedings against the husband's relatives on vague allegations, warning against using the provision for personal vendetta.

What are family welfare committees?

Committees to which 498A complaints are referred for two months before arrest under Allahabad High Court guidelines endorsed by the Supreme Court in Shivangi Bansal (July 2025). Their application in Delhi depends on implementation.

Was a family welfare committee ever directed before?

Yes, in Rajesh Sharma (2017), but the Supreme Court withdrew that direction in Social Action Forum (2018). The 2025 endorsement revived the idea through the Allahabad guidelines.

Can relatives living in another city be prosecuted?

Only if specific acts are alleged. Courts often quash or discharge relatives named on general allegations.

What did the Delhi High Court say about distant relatives?

In November 2025 it deprecated the tendency to name distant relatives who did not live in the matrimonial home and quashed proceedings against a husband's aunt and cousin.

How is a 498A FIR quashed in Delhi?

By a petition under section 528 BNSS in the Delhi High Court, usually after a settlement, with the complainant's affidavit and appearance.

Does the High Court impose costs when quashing on settlement?

Often a token amount payable to a legal services authority or welfare fund, as in Vivek Kohli v. State (March 2026).

Can a 498A case be withdrawn by the wife?

She cannot simply withdraw a non-compoundable FIR; it is closed by quashing in the High Court, or she may support the defence at trial.

Can a DV case and a 498A case run together?

Yes. The DV case gives civil protection and maintenance; the 498A case is criminal.

Do I need a divorce to quash a 498A FIR?

Not necessarily, but quashing usually follows a full settlement, often including mutual divorce.

How long does a 498A trial take in Delhi?

Often several years, which is why many parties choose mediation and settlement.

What evidence helps a woman's 498A case?

Medical records, messages and recordings of demands or threats, witnesses, a streedhan list and bank records of money given.

What evidence helps the accused family?

Proof of separate residence, messages showing the real dispute, records of wedding expenses and articles returned, and absence of specific allegations.

Is mediation compulsory in 498A cases?

Not compulsory, but CAW cells and courts strongly encourage it, and many cases settle.

Can an NRI husband be prosecuted in Delhi?

Yes. Warrants, lookout circulars and passport action can follow non-appearance. Early engagement is wiser.

Can the woman get maintenance while the 498A case is pending?

Yes, through the family court or DV proceedings, independently of the criminal case.

Can a husband file a complaint against false 498A allegations?

He can seek discharge, quashing or acquittal and, in clear cases, act against false complaints, but tit-for-tat complaints usually backfire.

Is a 498A case possible after divorce?

For cruelty during the marriage, a complaint may still be filed within the limitation period, though courts look closely at timing and motive.

What is a protest petition?

The complainant's objection before the magistrate when the police file a closure report.

Who tries a section 85 case?

A Metropolitan Magistrate. Dowry death cases are tried by sessions courts.

Can I get free legal aid in a dowry case?

All women are entitled to free legal aid regardless of income, through the District Legal Services Authority.

What is the women's helpline in Delhi?

181, available round the clock, along with police at 112.

What is a One Stop Centre?

A centre offering shelter, medical help, counselling, police assistance and legal aid to women facing violence.

Can the CAW cell force a woman to reconcile?

No. Counselling is voluntary, and the woman can insist on her complaint being processed.

Can the husband's family be called repeatedly by the CAW cell?

They are called for counselling dates; attending is in their interest. If they face harassment, an advocate can raise it with senior officers or the court.

Can I record conversations as evidence?

Recordings can be used as evidence if relevant and properly proved, with the certificate for electronic records under section 63 of the Bharatiya Sakshya Adhiniyam.

What happens at the charge stage?

The court decides whether there is enough material against each accused; relatives with general allegations are often discharged.

Can the trial court convict on the woman's testimony alone?

If her testimony is credible and consistent, it can be enough, though supporting evidence strengthens the case.

What is the presumption in dowry death cases?

Under section 118 of the Bharatiya Sakshya Adhiniyam, if cruelty for dowry soon before death is shown, the court presumes the accused caused the dowry death.

Does a 498A case affect a government job?

Custody beyond 48 hours leads to deemed suspension under civil service rules, and a pending case must be disclosed where required.

Can a settlement include return of gifts given by the husband's family?

Yes, settlements can provide for mutual return of articles and gifts as agreed.

How are payments structured in a settlement?

Usually in parts tied to the first and second motions of divorce and the quashing of the FIR.

Can children's custody be part of a 498A settlement?

Yes, the settlement typically records custody, visitation and maintenance for children.

Can a court marriage couple file under section 85?

Yes. The law applies to all marriages, including those under the Special Marriage Act and Arya Samaj marriages.

How do I find a lawyer for a 498A case in Delhi?

Look for experience across CAW cells, criminal courts, family courts and the High Court, and good settlement skills. Mara Vakil can share your matter with checked Delhi advocates.

Is it free to find a lawyer through Mara Vakil?

Yes. The platform costs you nothing; legal fees are agreed with the advocate you choose.

Is Mara Vakil a law firm?

No. It is an online platform for reaching enrolled advocates and does not give legal advice.

What is the Special Police Unit for Women and Children?

A Delhi Police unit at Nanakpura that deals with crimes against women and children, alongside district CAW cells.

Can a woman file a DV case instead of a 498A FIR?

Yes. A DV application gives civil protection, residence and maintenance without criminal prosecution; she can also do both.

What if the police refuse to register my complaint?

Write to the DCP and, if needed, apply to the magistrate under section 175(3) BNSS for directions.

Can the husband's employer be informed?

Neither side should contact employers to pressure the other; doing so can amount to harassment or defamation.

Can a 498A FIR be transferred to another police station?

Senior officers can transfer investigation, and courts can direct transfer in appropriate cases.

Can I stop the in-laws from selling the house where I lived?

Residence orders under the DV Act can protect your right to stay in the shared household; take advice quickly.

Is the husband's income relevant in a 498A case?

It matters for maintenance and settlement, not for proving cruelty.

How do I make a streedhan list?

List each item with approximate weight or value and who gave it, and attach bills, photos and the wedding video if you have them.

What if my jewellery is in my in-laws' bank locker?

Ask the police or court to direct that the locker be opened in the presence of both sides and the items listed.

Should the husband's family get a receipt when returning articles?

Yes. A signed inventory of items returned protects both sides from later disputes.

What if someone demands money to avoid an FIR?

Record it and raise it through your advocate with senior police officers. Paying under pressure does not end a criminal case.

Can I ask the police to examine my witnesses?

Yes. Both sides can give names of witnesses and documents to the investigating officer.

Is counselling at the CAW cell confidential?

Counselling is held privately, though records of attendance and articles returned are kept and may be referred to later.

Can a woman stay in the matrimonial home during the case?

A residence order under the DV Act can protect her right to live in the shared household, depending on the facts.

Can the husband's family be ordered to pay interim maintenance?

Maintenance is usually payable by the husband; in DV proceedings, monetary relief can be ordered against respondents as the court decides.

What reliefs does the DV Act give?

Protection orders, residence orders, monetary relief including maintenance, custody orders and compensation, with interim orders possible at once.

Who is a Protection Officer?

An officer appointed by the Delhi Government's Women and Child Development Department who helps women prepare a Domestic Incident Report and file DV applications.

How quickly is a DV case decided?

The law asks for a decision within 60 days of the first hearing, though contested cases often take longer.

Is breaking a DV protection order an offence?

Yes. Breach of a protection order is punishable and can lead to arrest.

What happens if a married woman dies within seven years of marriage?

An inquest by the Executive Magistrate and a post-mortem are conducted, and if dowry cruelty is shown, a dowry death case under section 80 BNS follows.

Can a woman's parents file the complaint?

Yes, especially where she is unable to, and always in cases of her death.

What decides a 498A trial?

Specific allegations, contemporaneous records, consistency across statements, independent witnesses and the overall circumstances.

Can a mother-in-law file a DV case?

A woman in a domestic relationship, including a mother-in-law, can seek relief under the DV Act against those who abuse her, depending on the facts.

Is economic abuse covered?

Yes. Depriving a woman of money, belongings or access to the shared household is economic abuse under the DV Act.

Can the husband's sister be named in a DV case?

Female relatives can be respondents if they took part in the abuse; courts look for specific allegations.

What should a matrimonial settlement include?

Money and schedule, streedhan, children's arrangements, mode of divorce, withdrawal and quashing of cases, a no-further-claims clause and default terms.

Can the waiting period for mutual divorce be waived in a settlement?

Yes, the family court can waive the six-month period in suitable cases where all issues are settled.

Do these laws apply to Muslim women?

Yes. Cruelty, dowry and DV laws apply to women of all religions; divorce and maintenance follow the applicable personal law and the BNSS.

Is a Mahila court different from a family court?

A Mahila court is a magistrate's court for offences against women and DV cases; the family court handles divorce, maintenance and custody.

Can I get legal aid for the quashing petition too?

Women can get free legal aid in the High Court through the Delhi High Court Legal Services Committee.

Can the husband's family be ordered to leave the house?

Courts can pass residence and protection orders under the DV Act, but removing in-laws from their own property is decided carefully on the facts.

Can a 498A case be filed by a second wife?

Courts have differed where the marriage is void; a woman in a relationship in the nature of marriage can still use the DV Act.

Does a 498A case stop the husband from travelling abroad?

Not automatically, but bail conditions, lookout circulars or passport action can restrict travel. Seek permission from the court where required.

Can CAW cell counselling be done online?

Some sessions may be arranged by video, especially when one party lives outside Delhi; ask the officer handling the complaint.

What if the complainant does not appear for counselling?

The cell may decide on the complaint based on the material available, including whether to register an FIR.

Do old 498A FIRs continue under the IPC?

Yes. FIRs registered before 1 July 2024 continue under the IPC; newer ones cite sections 85 and 86 BNS.

Should wedding gifts be listed?

Yes. A signed list of voluntary gifts helps distinguish gifts from dowry and avoids later disputes.

Can couples get counselling before filing complaints?

Yes. Family counselling services and CAW cells can help couples early, and many reconcile.

Can a woman complain about cruelty by her husband's relatives only, not the husband?

Yes. Section 85 covers relatives of the husband who commit cruelty, even if the husband himself is not accused.

Can a woman file a complaint years after leaving?

The limitation is generally three years from the last act of cruelty, though courts can condone delay; act as early as you can.

Does a closure report end the case?

Not necessarily. The complainant can file a protest petition, and the magistrate can reject the closure report and take cognizance.

Can the accused see the complainant's statement?

After the charge sheet, the accused receives copies of the police report and statements relied on.

Can a 498A case be heard by video?

Some hearings and statements can be held by video, especially for parties abroad, with the court's permission.

What is an omnibus allegation?

A general accusation against all family members without stating what each did; courts treat such allegations with caution.

Can the in-laws apply for discharge?

Yes, at the charge stage, if the material does not show specific acts of cruelty by them.

Does the woman have to attend every hearing?

She must attend when her evidence is recorded and when the court requires; her advocate can appear on other dates.

Can a woman complain without involving the police at all?

Yes. She can approach a Protection Officer or file directly under the DV Act, or seek maintenance and divorce in the family court.

Sources checked

Related

This page gives general information based on the sources listed, as checked on 17 October 2026. Every matrimonial case turns on its facts, and police and court practice can change; confirm with an advocate before acting. If you are in danger, call 112 or 181. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.

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