498a cannot be treated as a law

NONE OF THE EXPERT ADV  WILL COMMENT ON THIS. dUKAAN KAISE CHALEGI??

The said petition was dismissed by SC.

Regards,

Shonee Kapoor

www.shoneekapoor.com 

I agree to the opinion of Mr. Shoney Kapoor that the said petition was dismissed by Supreme court since there was no gazette notification to repeal the act.

The author has quoted a wrong chapter that significantly indicates his ability to cope with the knowledge of law. In this context  I like to high light true position of sec.498A which is not only a provision of law but it is a part of the codified law. Meaning of Code is,- It is not only a collection of the existing statutory law, but also of much of the unwritten law on any subject and is composed partly of such materials as might be at hand from all sources - from statutes, cases and from customs - supplemented by such amendments, alterations, and additions as are deemed by the codifiers necessary to harmonize and perfect the existing system.  In fact in making a Code, new laws may be added and old laws repealed in order to constitute a complete system. Code is the part of Corpus Juris Civilis. Secondly, Sec.498-A IPC was introduced in the Penal Code by Criminal Law  Second Amendment  Act of 1983.  This section reflects the anxiety to extend protection of the weeker spouse.  Traditionally in any society, a woman is subjected to the whims and caprices of man, specially when it relates to the relationship of husband and wife.  Life for a woman in the family of the husband is sometimes so intolarable and so miserable that it drags the woman towards suicide and it is in such cases the Sec.498-A IPC comes into play.  Although it cannot be denied that this provision has been grossly misused by some scrupulous woman by the help of some greedy money earner Lawyers now a days for which the law cannot be blamed.