498A Lawyer in Delhi
Complaints of cruelty by a husband or his relatives, earlier under Section 498A IPC, are now registered under Section 85 of the Bharatiya Nyaya Sanhita, 2023. As a 498A lawyer in Delhi, Advocate Shubham Mehta represents both complainants and accused family members — at the Crime Against Women (CAW) Cell, in bail and anticipatory bail, during trial, and in quashing on settlement before the Delhi High Court.
Key takeaways
- Section 85 BNS (old S. 498A IPC) punishes cruelty by a husband or his relatives with up to three years’ imprisonment and fine.
- Dowry demands are also punishable under the Dowry Prohibition Act, 1961; dowry death is covered by Section 80 BNS (old S. 304B IPC).
- In Delhi, many matrimonial complaints are first examined and mediated at the Crime Against Women (CAW) Cell.
- In Shivangi Bansal v. Sahib Bansal (2025), the Supreme Court endorsed guidelines for a two-month cooling period and review by a Family Welfare Committee before coercive action.
How a 498A case usually proceeds in Delhi
- Complaint — filed at the police station or the CAW Cell of the district.
- Counselling and mediation — the CAW Cell calls both sides to explore reconciliation or settlement.
- FIR — registered if mediation fails and the complaint discloses an offence.
- Investigation — statements, documents on dowry articles (istridhan) and medical records.
- Bail or anticipatory bail — for the husband and family members, depending on their role.
- Charge-sheet and trial — or quashing by the Delhi High Court if the parties settle.
Related remedies in matrimonial disputes
| Remedy | Law |
|---|---|
| Cruelty complaint | Section 85 / 86 BNS |
| Return of istridhan | Section 316 BNS (criminal breach of trust) and civil remedies |
| Protection, residence and maintenance | Protection of Women from Domestic Violence Act, 2005 |
| Maintenance | Section 144 BNSS / Section 24 HMA |
| Divorce | Hindu Marriage Act, 1955 / Special Marriage Act, 1954 |
Advice for the accused family
- Do not ignore notices from the CAW Cell or the police; attend with legal advice.
- Preserve messages, emails and records that show the true state of the marriage.
- Elderly or distant relatives with no specific role may seek separate relief.
- Avoid any contact with the complainant that could be seen as pressure.
See also Anticipatory Bail Lawyer in Delhi, Domestic Violence Lawyer in Delhi and Mutual Divorce Lawyer in Delhi.
Working with a 498A lawyer in Delhi: what to expect
Your matter is reviewed by Advocate Shubham Mehta, who explains the legal position, the realistic options and the likely timeline in plain language before any step is taken. Choosing a 498A lawyer in Delhi who practises regularly before the court that will hear your case helps you understand how that court approaches similar matters.
- A clear explanation of your legal position and recommended next steps.
- Drafts shared with you for review before anything is filed.
- Hearing dates, updates and copies of orders communicated promptly.
- Confidential handling of your documents and information.
Legal fees and costs
Fees depend on the nature and stage of the matter, the court or forum, the volume of documents and the number of hearings expected. The fee structure is explained in writing at the start of the engagement. Apart from professional fees, matrimonial criminal cases involve charges for certified copies of the complaint, FIR and orders, bail bond amounts where applicable, and any costs imposed by the High Court on quashing.
Areas we serve in Delhi
Our chamber inside the Rohini Court complex and our office at Kayan Vihar are convenient for clients in Rohini, Pitampura, Shalimar Bagh, Ashok Vihar, Prashant Vihar, Model Town, Paschim Vihar, Narela, Bawana and nearby areas of North and North-West Delhi. We also act for clients from across Delhi NCR and, by phone or video consultation, for clients outside Delhi who need a 498A lawyer in Delhi.
Useful official resources
- India Code — official texts of central Acts, including the BNS, BNSS and BSA
- National Commission for Women — complaints and support for women
- Delhi High Court — cause lists, case status and judgments
Frequently asked questions
Is 498A still in force after the new criminal laws?
Section 498A IPC has been replaced by Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, which came into force on 1 July 2024. The offence of cruelty by a husband or his relatives and its punishment remain substantially the same.
Is arrest automatic in a 498A case?
No. Following Arnesh Kumar v. State of Bihar (2014), police must record reasons for arrest in offences punishable up to seven years and generally issue a notice of appearance first. The Supreme Court in 2025 also endorsed a cooling period before coercive action in such cases.
What is the CAW Cell?
The Crime Against Women Cell is a unit of Delhi Police that handles complaints by women, especially matrimonial disputes. It usually calls both parties for counselling and mediation before an FIR is registered, and many disputes are resolved or narrowed at this stage.
Can a 498A case be withdrawn?
An offence under Section 85 BNS is not compoundable, so it cannot simply be withdrawn. If the parties settle, they can jointly approach the Delhi High Court to quash the FIR, which the court routinely does in genuine matrimonial settlements.
Can relatives who live separately be named in a 498A case?
They can be named, but courts have repeatedly cautioned against roping in distant relatives without specific allegations. Relatives with no specific role attributed to them may seek anticipatory bail or quashing on that basis.
How long does a 498A trial take?
Trials often take several years in Delhi because of the number of witnesses and parallel matrimonial proceedings. Many cases end earlier through settlement, mediation or quashing by the High Court.
Can the wife claim her istridhan through a criminal case?
Yes. Retention of a wife’s istridhan can amount to criminal breach of trust, now under Section 316 BNS. Istridhan can also be claimed in domestic violence proceedings and in the divorce case.
Related services
- Criminal Lawyer in Delhi
- Divorce Lawyer in Delhi
- Anticipatory Bail Lawyer in Delhi
- FIR Quashing Lawyer in Delhi
- Domestic Violence Lawyer in Delhi
- Mutual Divorce Lawyer in Delhi
Legal guides: What to do after getting an FIR in Delhi · How to file a civil suit in Delhi District Courts · All legal guides
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta (Bar Council of Delhi, Enrl. No. D/6398/2021) and the SRLM Law Associates team can be reached at +91 99997 91419 or srlmlawassociates@gmail.com. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
Last updated: September 2026. This page is for general information only and is not legal advice.

