Dear learned Lawyers,
In these columns we are regularly seeing topics repeatedly about 498A. I'm also a victim and my ex wife and her sister both filed 498A cases extracted money repeatedly from the victims. their entire family is into this business. There are genuine cases of women sufferring also. When ever a woman want to have family,children, they are filing 498A cases as a lost resort. But majority of the women it become a tool to extort money from the husband, In Laws and force him for a financial settlement.Parents are also encouraging their daughters. In this process women, being a mother in laws also sufferring at the old age, with no fault of them.
On the other hand police, they do not do any enquiry, when a woamn approaches, they casually refer to mediation/counselling, generally done by by untrained home guards.n It will be a fish market. If the woman side have money, influence, know how to use law for their advantage, they will lodge complaint immediately. Even the police will add masala by adding sentenses on their own. Some times the lawyers, police have ready made templates for the complaint
If any body want to delay the arrest police will take money, to remove some of the accused they will take money per person. They simply sit at PS and prepare charge shhet even visiting the place crime/incidents as complained.In charge sheet, police simply copy the FIR. Even when some people go to PS with strong evidence they will say, fight in the court and proove your innocense.
Fighting 498a has financial ruining, mental torture,losing jobs, wasting of time. With loads of cases, the courts give dates for initally 2 years, Even police will charge sheet generally after 8-12 months. So everymonth just to get next date a person has to go everymonth. If a person is from out station, then his problems are more.
Finally how to stop this menace. Neither husband nor wife benefitting from this useless law.
There are more Senior Lawyers here, kindly give suggestions, how we can make the law better, approach Government of India, Courts etc to change 498A.
Can we have a dedicated lawyers list city wisewho can guide, fight 498A cases ( for genuine victims) in lower courts and High courts. Can we develope such a list from LCI who can charge reasonably