498A and divorce

Originally posted by : Jnana Prakash
	Now cases go on trial. Give money n ask her to take back case. Fighting case will easily blow away 2 decades of ur life. In the end again u will lose money. So better give now n take MCD than not get divorce and still pay money.

BUT, SIR SHE DOES'T WANT MONEY, HER DESIRE ONLY TO GIVE PAIN TO MY FAMILY MEMBER, SIR COULD I FILE APPLICATION FOR DIVORSE?. 

CAN I FIR QUASH IN HIGH COURT ?????

THANK U SIR

BUT SIR CAN I GET DIVORSE BEFORE PROOVING CASE OR BEFORE FINAL RESULT OF 498 A

PLZ SUGGEST GOOD CRIMINAL LAWYER IN MUMBAI

On what grounds you will ask for divorce? Proceed as advised by Mr Joshi. I think thats the best course.

Metropolitan magistrate Shivani Chauhan dismissed the complaint of the woman, a south Delhi resident, saying that she had falsified and concocted various allegations and suppressed important facts in order to harass her in-laws.

The court said that generally women are at the receiving end of domestic violence and the Protection of Woman from Domestic Violence (PWDV) Act is created solely with a view to provide relief to the victims of domestic violence and not to the perpetrators. The woman was fined Rs. 1 lac.

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An amendment bill making offences under the Indian Penal Code's Section 498A compoundable with court permission will be introduced in the next Parliament session.The section deals with offences of dowry demand and cruelty by husband and in-laws.

TOI had reported on March 22 that the NDA government is working on the proposal to make the section compoundable. This means that the law, if amended, would have the provision of settlement between the warring couple if the court allows it.

Under the section, a man and his relatives can face imprisonment for up to three years as well as fine.

Junior Union home minister Haribhai Chaudhary said his government had accepted the proposal to make the section a compoundable offence with court permission, in accordance with recommendations of the Law Commission and the Malimath Committee, when Pune NCP member and former mayor Vandana Chavan raised the issue in the Rajya Sabha. "A draft note for the cabinet, which inter alia seeks to amend IPC's Section 498A, making it compoundable, has been sent to the legislative department to draw up the draft bill," the minister added.

The section, introduced to protect women from dowry harassment, has often been used to settle scores with upwards of 10,000 false cases filed in recent years. At the moment, all offences under Section 498A are cognizable and non-bailable.

"Scores of cases are registered under Section 498A. However, if both parties decide to work towards a compromise, it is not possible to close the case since it is a non-compoundable offence. Under such circumstances, it was felt that several cases would be resolved if the offence is made compoundable," said the senior official. In 2011, 10,193 false cases were registered, while in 2012 and 2013, the numbers increased to 10,235 and 10,864, respectively.

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