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ANEESH TRIVEDI (ADVOCATE) (Advocate)     03 November 2014

Is divorce is useful in 498a for husband

respected exeperts

in many cases i have read and from many i come to know that if divorce is granted then in many pending 498A cases judges becomes liberal and chances for get 498a in husband side or say chances of aquittal becomes more.how much and why should the benefit goes to husband? that i cant understand fully also many have ask the same thing to me please if possible give detail answer so that all will get satisfied.

[ here 498A case menas false cases and which are under trial simple 498A with normal allegation, no medical, no death etc]



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 2 Replies

Tajobsindia (Senior Partner )     04 November 2014

@ Author,

 

1. Nothing of those sorts happens as substantial justice. Ld. Judges don't become liberal if divorce happened between parties or for that matter husband got divorce. Had it been so then almost all cases women would have got divorce instead of 'teaching a lesson' or 'cribbing about maintenance' or otherwise. Infact with decree of divorce wife becomes free to lead quickly better quality of life over her husband who is still filing appearance till he is either acquitted or convicted of criminal charges or vice-versa. 

 

2. False case as in verdict comes only after trial and mere saying S. 498a IPC is false does not hold legal waters even * in absence of medical, normal allegations, no death etc. These are generic to author’s facts and had it been so option to daily go to State HC's or to Apex  Court are always there, why wait for trial to be over or participate in trial when option to go for Quash is there just because these * are not there! 

 

Let us not make individual facts so simple by reading few judgments and only talking of last reasoning paras based on facts as appeared in those judgments which may not be similar to yours or any other accused person as the case may then be. S. 498a IPC is a grand cottage industry and if such judgments are there then either party would not be sitting contesting it instead could have got divorce and lead merry life (even husbands as you say ld. judges becomes liberal). Each briefs comes with unique facts. I also like ot add here that leave aside 'divorce', Apex Court has termed S. 498a IPC as 'legal terrorism' and most recently has come out with "no arrest before investigation" as guidelines so has any ld. Judge become liberal ? 

 

[Last reply] 

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ANEESH TRIVEDI (ADVOCATE) (Advocate)     04 November 2014

understood so conclusion is judgement depends upon case to case as usual,people use short cut for their case and make assumption according to thier own convenience and even judges also go with their prejudice mind not but some.............that's why there are variations are coming in their judgment, if

Apex Court has termed S. 498a IPC as 'legal terrorism' then why not necessary steps to rectify such law are taken? the wastage of money, family , youth strength can be saved.

there are many other ways to earn money why  allow to spread cancer ?

this is not a point of query here it is mentioned because victim or sufferer of false case do anything to save himself for that he waste time, money mental peace and lastly he opt such shortcuts...........................so this query arise here but in last result is ZEROOOOOOOOOOOOOOO.................s or not profitable


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