498-A
Manish Raj Verma
(Querist) 22 March 2010
This query is : Resolved
hello sir/madam,
i have heard of a latest ruiling of supreme court in which it had said that the relatives of husband, i.e. father/mother/brother/married sister/brother in law, who are not living with the applicant wife, who has lodged 498-A, 3/4 dp act etc. etc., against her husband and all the members of family, (including those who are living separately like brother doing business at some other places and married sister/brother in law), cannot be said to be indulged in the matter, or some thing like that.
please suggest me some, with complete details.
Thanks
goutam
(Expert) 22 March 2010
yes you are true. in a recent seminar this things come up in Calcutta High Court too
Raj Kumar Makkad
(Expert) 22 March 2010
You have heart correct fact but despite of that there is scope of the indulgent of such members in cruelty. It depends upon case to case. This is not a general law.
Guest
(Expert) 22 March 2010
I heard that Ministry of Home Affairs also gave directions to the police heads of the States on this aspect.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 22 March 2010
Hello,
M also interested to know about that particular case or directions of Home Affairs, what ever. Plz. suggest as soon as possible.
Sanjeev Panda
(Expert) 23 March 2010
There has been various judgements of High Courts on this issue. I may quote the observation of the Hon'ble Delhi High Court in Savitri Devi Vs. Ramesh Chand
"These provisions were though made with good intentions but the implementation has left a very bad taste and the move has been counter productive. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative- including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sistes, sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband". The Hon'ble High Court also recommended that marital offences under Sections 498A/406 IPC be made bailable , if no grave physical injury is inflicted and necessarily compoundable.
