contents in Section 498A justified?

Guest (Querist) 29 October 2009 This query is : Resolved
I have been observing for the last two months some of our forum members are posting (mostly men) regarding Section 498A. Seeking solution. Saying that either they were booked or implicated under Section 498A. In recent times huge number of cases are filing under Section 498A in the courts also.

My question is

1)Are women are taking adventage or misusing Section 498A?

2) How far justified contents in Section 498A?

Please comment.

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adv. rajeev ( rajoo ) (Expert) 29 October 2009
Sir,
In my opinion not all women but some of the taking the disadvantage of sec 498A.
For a very small family disputes they are filing 498A to harrash the husband.
Even after 7 years of marriage this section is misusing by the women.
It is good for some women show sufferedbecause of husband's cruelty and bad for the innocent husband.
I have come across the innocent husband who is suffering because of this act.

Adv Archana Deshmukh (Expert) 29 October 2009
Every case has its own facts. There are cases where the woman are tortured physically and mentally at the hands of husband, in-laws on the ground of insufficient dowry, extra marital affair of the husband or that she is unable to conceive a child. many of the women take the recourse of law only when it is intolerable. True, there are cases of misuse, but mere fear of misuse of a provision cannot be a ground to strike off the section from the penal code. But, personally I feel the offence u/s. 498-A should be made compoundable.

Kiran Kumar (Expert) 29 October 2009
Archana has opined good.

in fact some social change is needed, the lust for money and materialistic things has damaged Indian matrimony.

i ve already recieved few caustic remarks from certain visitors on this issue, so it will not be safe for me atleast to say that only wives are wrong or only husbands are wrong :-)

the solution to this problem lies with the society...patience and preservance is the key to any relationship....if money and materialsitic things are the priority then its better not to marry.

as far as compoudabiltiy aspect is concerned, no doubt S.320 Cr.P.C does not include S.498-A IPC but the Hon'ble SC has already by its own judgment in B.S Joshi's case has allowed the compounding of offence under S.498-A IPC.

Raj Kumar Makkad (Expert) 29 October 2009
As the discipline of the society and the families is decreasing day by day and our traditions values are not adhered to so we are facing this problem. Law is available for the help of victim but if it is misused who can stop them. Even if accused are exonerated from the charges finally even then they reach to a stage wherein a reaction arises in them and thereafter actual cruelty starts. It seems that now it is the turn of women to make cruelty with men under the garb of section 498 A IPC.

Sachin Bhatia (Expert) 29 October 2009
Not all women but some of the women taking the disadvantage of sec 498A. Some changes is needed in this section to prevent it from missuse.

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