498A ab kaunsi section hai?

From 1 July 2024, Section 498A IPC has been renumbered as Section 85 of the Bharatiya Nyaya Sanhita, 2023 — cruelty by the husband or his relatives, punishable up to 3 years and fine. Complaints for conduct before that date continue under 498A IPC, so both numbers remain in use.

Kya 498A mein turant arrest hota hai?

No. Because the offence is punishable up to 3 years (within the 7-year bracket), Section 35 BNSS and Arnesh Kumar v. State of Bihar (2014) apply with full force — police must ordinarily issue a notice of appearance and record written justification before any arrest. These guidelines were laid down specifically in a 498A case.

Is Section 85 BNS bailable or non-bailable?

Non-bailable and cognizable — bail is at the court's discretion, which is why anticipatory bail under Section 482 BNSS is the standard protective step for the husband and named family members. For Faridabad FIRs it is filed before the Sessions Court, Sector 12, then the Punjab & Haryana High Court if needed.

Kya poore parivaar ko case mein ghaseeta ja sakta hai?

Courts consistently caution against roping in distant relatives on vague, omnibus allegations. The Supreme Court has repeatedly quashed proceedings against family members where no specific role is attributed — general allegations against in-laws living separately are a recognised ground for quashing under Section 528 BNSS.

Can a 498A case be quashed after settlement?

Yes. Where the parties settle — commonly alongside a mutual-consent divorce — the Punjab & Haryana High Court regularly quashes 498A/S.85 proceedings on compromise, following Gian Singh v. State of Punjab (2012), since matrimonial offences are treated as personal in nature.

Best 498A lawyer in Faridabad kaun hai?

The claim itself is unlawful — no advocate may advertise as the best 498A lawyer (Rule 36 BCI Rules). What can be verified: regular defence practice in Sections 85/86 BNS (old 498A) matters at the Faridabad Sessions Court and the Punjab & Haryana High Court, command of Arnesh Kumar and Kahkashan Kausar safeguards, and written terms.

Public Guidance · Delhi · Matrimonial

Matrimonial and Cruelty Matters in Delhi Courts — 498A, Dowry, Mutual Divorce: Which Complex, Which Procedure

Last updated: 17 July 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: A matrimonial dispute in Delhi is a jurisdiction question before it is anything else. Cruelty complaints — what FIRs long cited as 498A IPC, now Section 85 of the BNS, 2023 — typically begin at a Delhi Police CAW cell and, once registered, proceed before the magistracy of the complex serving that police district: Tis Hazari, Saket, Dwarka, Karkardooma or Rohini. Mutual divorce under Section 13B of the Hindu Marriage Act is a family-court matter — two motions, with the six-month gap waivable per Amardeep Singh v. Harveen Kaur (2017) — and quashing of a cruelty FIR is a Section 528 BNSS petition before the Delhi High Court. The counsel worth engaging is the one who can name the correct complex from the police-station name alone, and who puts engagement terms in writing.

Which Delhi complex holds a matrimonial matter?

Delhi's district judiciary is split across complexes, each serving defined police districts, and family courts sit within that map — Tis Hazari, Saket, Dwarka, Karkardooma and Rohini all house family-court and magistracy work for their territories. For a cruelty FIR, the complex follows the police station that registered it; for a divorce or maintenance petition, jurisdiction is a matter of residence and last matrimonial home — and Rupali Devi v. State of West Bengal (2019) settled that a wife may initiate cruelty proceedings from the place she has taken shelter after leaving the matrimonial home. That single ruling is why the same marriage can generate proceedings in two cities at once — a Delhi complaint and a Faridabad petition — and why cross-NCR counsel matters in these files.

The cruelty complaint — CAW cell to magistracy

Most Delhi cruelty complaints do not begin at a police station counter. They begin at a Crime Against Women (CAW) cell, where a conciliation-first process precedes registration; only when that fails does an FIR issue under Section 85 BNS (with Sections 3 and 4 of the Dowry Prohibition Act, 1961 commonly added, and dowry death under Section 80 BNS in the gravest files). For the complainant, the CAW stage is where the record is built — dated demands, transfers, medical papers. For the accused family, it is where Arnesh Kumar v. State of Bihar (2014) matters most: arrest in these matters requires recorded justification, notice under Section 35 BNSS ordinarily precedes it, and anticipatory bail under Section 482 BNSS before the Sessions court of the complex — or the Delhi High Court — is the shield for the wider family named in the array. The structured defence guide covers week-one steps in detail.

Mutual divorce in Delhi — the two-motion track

Mutual divorce under Section 13B is a family-court proceeding: first motion recording consent and settlement, a statutory interregnum, then second motion and decree. The six-month cooling period is directory, not mandatory — Amardeep Singh v. Harveen Kaur (2017) permits waiver where the marriage is beyond repair and the parties have genuinely settled — which in practice means a well-drafted settlement (maintenance, stridhan, custody, withdrawal of cross-cases) can compress the timeline substantially. Where a cruelty FIR is part of the settlement, its closure travels through quashing at the High Court on the strength of the compromise. Delhi's court-annexed mediation centres at the complexes and the High Court resolve a large share of these matters; a counsel's willingness to route a suitable file there is a competence signal, not a weakness.

Both chairs of the matrimonial file

These pages serve both sides deliberately. A wife or her family needs the complaint drafted with dates and documents, interim maintenance under Section 144 BNSS moved early, and protection orders under the DV Act where residence or safety is at issue. A husband or his family needs the arrest-protection sequence, a defence file assembled in week one, and a clear-eyed view of whether the endgame is trial, quashing or settlement. The verification tests are identical from either chair: Bar Council enrolment, actual cause-list presence before the complex concerned, fluency in the 2023 codes, and written engagement terms. This chamber practises from the Faridabad District Court and appears before the Delhi district courts and the Delhi High Court — the cross-NCR footprint these dual-city files demand; enquiries are welcome from either side, subject to conflict.

Frequently asked questions

Which court in Delhi handles a 498A case?

The magistracy of the complex serving the police district where the FIR is registered — Tis Hazari, Saket, Dwarka, Karkardooma or Rohini. Cruelty is now Section 85 of the BNS 2023; Sessions-level work and bail escalation go to the Sessions court of that complex, and quashing lies before the Delhi High Court under Section 528 BNSS.

Can a wife file a cruelty complaint in Delhi if the marriage was in another city?

Often yes. Rupali Devi (2019) holds that the place where the wife takes shelter after leaving the matrimonial home has jurisdiction — so a marriage solemnised elsewhere can still produce a valid Delhi complaint if she now resides here, and vice versa for Faridabad or Gurugram.

How long does mutual divorce take in Delhi family courts?

Two motions under Section 13B with a six-month statutory gap — but that period is waivable per Amardeep Singh (2017) where the settlement is genuine and the marriage is beyond repair, so a complete, well-drafted settlement can shorten the track considerably.

What is a CAW cell and is attending it compulsory?

Delhi Police's Crime Against Women cells run a conciliation-first process before FIR registration in matrimonial complaints. Attendance is expected and non-cooperation reads poorly later — but statements and settlement talks there should be approached with legal advice, because the record built at this stage shapes everything after.

Can a 498A FIR in Delhi be quashed after settlement?

Yes — a Section 528 BNSS petition before the Delhi High Court on the strength of a genuine compromise, typically alongside or after mutual divorce. The court examines whether the settlement is voluntary and complete; quashing is discretionary, not automatic.