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CLAT LLM 2014 Question Paper with answer key for online practice
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Question : 96
Total: 100
A (a 42 year old man) and B (a 37 year old woman) had been married for 15 years. They had two children, C and D. their marriage was not a happy one. A constantly physically abused B. he used to slap and kick her, as well as insult her. The violence in fact led to B attempting to commit suicide. However, at no point did A demand dowry from B or her relatives. If B were to consider initiating criminal proceeding against A, would section 498 A of the initiating criminal proceedings against A, could section 498 A of the Indian penal code apply?
It could not, since a demand for dowry is one of the prerequisites for attracting section 498A
It would since any conduct which is likely to drive the woman to commit suicide attracts section 498A
This is a case of domestic violence, so a FIR should actually be filed under the protection of women from the domestic violence act.
It would not, since the couple had been married for more than 7 years
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