If husband and his family has taken salary from wife and also, other amount while wife was at matrimonial home for only 8 months but they failed to return it in spite of asked by the wife multiple times during separation period of 4 years now, is husband and is family liable to 498a case. Will local police station help register a FIR on this basis and mental, physical cruelty after 4 years now. Will the case be expedited basis of severity and time passed? Will wife get justice as she is jobless and struggling so much financially. Can she demand for interest on this amount as it's been 4 years they kept the money with them and this has made us so helpless financially and emotionally too. Please guide.thank you.
Dear Client, The husband and his family can be booked under Section 498A of the IPC or Section 85 and 86 of Bharatiya Nyaya Sanhita for cruelty, which means not only the misuse of finances but also the causing of physical or mental torture. The wife can indeed file an FIR and the police are bound to register the FIR if the complaint is fit to be registered. However, there is provision of limitation of three years in filing of proceeding under Section 498A the court can entertain cases after three years as well if it is deemed fit under Section 519 of Bharatiya Nagarik Suraksha Sanhita (previously, section 473 of CrPC). The seriousness of the allegations and evidence will determine the nature of the case. The wife can usually claim interest on the amount due given the financial duress that the delay in payment caused. Since she has some financial issues, she should seek the help of a lawyer to go through this process. Especially, to avoid any violations of her rights. I hope you find this answer helpful in solving your problem.
Dear Madam, The relationship of couple cannot be quantified or qualified with monitory considerations. You have given yours 8 months salary voluntarily otherwise you should have exercised your right by lodging a complaint with police. Normally husband and his family members cannot claim your salary. Now also you can lodge a complain against them and explained the delay for complaint has you did not want to hurt the feelings of your husband and his family members etc.,
