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harassed husband (def)     11 December 2011

498a : two sides of coin

Was reading an article dated 25 Nov 2006 "Pariwarik Suraksha"

It states the following:

1.Two sides of the coin of section 498A IPC illustrated:

A. Dowry death by suicide that will lead to F.I.R. to police officer in charge of a police station. Cognizable. (See qualifying Section 6). Cognizable. Non-Compoundable. (Non-Bailable)

B. Cruelty/Harassment allegations to be made by living woman to the Judicial magistrate First Class as “private” complaint case and examined by the JMFC accordingly. (See qualifying Section 6). Thus Non-Cognizable and Compoundable. (Bailable)para 160 sub-para B9

 2. Divorce in name of Cruelty by Living woman: When the Court of district Judge comes to know of the woman has filed a police case u/s. 498A IPC to abuse police powers for so called cruelty by husband and his relatives, the woman cannot file a divorce case as a punishment to the husband in various manner under the Hindu Marriage Act:

3.   Because for same offence the husband cannot be intended to be punished two fold by the wife for the same offence irrespective of the result.Kindly refer to Article 20(2) of the Constitution which reads as follows: No person shall be prosecuted and punished for the same offence more than once.



Learning

 4 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     11 December 2011

 

This entire act 498a need to be scrapped by parliament. 

it only harass innocent old parents, far living brothers ad sisters, and how many are punished? means all false complaint, or do not deserve to be proceeded with. 

only harassment, no result?? in 9% of cases

will the government  parliament take serious  review and change it at least to no arrest. le t wife prove in court & either punish   or get punished ,  the wife for false allegation. either of two should be made compulsory.  don’s let them go, unharmed.

is it a crime you are a father r mother of a son, who is falsely harassed in 498a?? let the bl**dy husband and wife go to hell, why husband’s parents. sister, brother should suffer for no fault of their own, and why a person harassed  them unnecessarily [ the wife ] , not be punished??  .unless the wives are corrected, teach the lesson for false complaints,. they all will be encouraged to complaint 498a against all family members, all from 4 to 15 , whether they are involved or not!.  or teach lesions to all in laws ok  fine, but do not keep all half way!.

 either punish / or get punished/ do not do drama of 498a & harass innocent public

there are each & every family, affected by this legislation. why the government sleep on this issue?? want police to get corruption,  for not arresting, and advocates to enjoy with fees??

are police duty bound to send every month xx Crores to ministers who post them to particular police station?? with false cases, and threatens to beat them on remand and encash for the same??

are ministers, parliament & ministers  sold administration of justice to fill their pocket, and invest in Swiss bank??

let the lodging of complaint be result oriented, do not waste time of police,  court , advocates, and of  litigant  woman is playing with and taking undue advantage of this law. you either punish or get punished no other alternative be left< if negative evidence< jail daughter in law for lodging false complaint of dowry demand,  and those who instigated   to do so>

 

Even Police should be Duty Bound, Either Prove the case and Punish accused, or get punishment for lodging false cases without sufficient evidence, Police themselves create Lapses  Don’t waste time of Court, and Earn out of it, Play drama of arrest, and acquittal!!. B**dy B****rd. They are  after searching for Beauty, not Duty. , & Accused Found in Beer Bar, not in any productive work. At the cost of Poor Honest Law abiding Indian Citizen !

 

Let  parliament take be seriously, this is a Request Of A Senior Citizen Advocate, who is fed up observing this drama in court. A Judge is helpless, finding witness changes all statement made by him before Police.

Why Police do not use Adio Video, and Why Court  not punishing  Witness for giving false Statement & Evidence, if soi?? .

If this procedure is corrected,  75% of Litigation will  decreased, and all will be responsible, liable, and deliver justice, that improves the entire Society.

Only correct  Police, Advocate, Complainants & Witnesses. THERY MUST TELL TRUTH , DO NOT ADMINISTER OATH & TELL  LIES ON OATH ! PUNISH THOSE WHO EVER TYELL LIES ON OATH. TELL ME HOW MANY AR PUNISHED, WHO PLAY WITH ADMINISTATIN OF JUSTICEW?? IS IT NOT A SERIOS OFFENCE?? 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 December 2011

We Should try to fight

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     12 December 2011

The issues raised herein above are relevant indeed.  However, for making any changes in the existing law, our voice should go beyond this site.   Perhaps an Anna Hazaare ji is the need of the hour  to highlight such issues to reach  up to our Parliamentarians.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

Anyways, this article writer thinks that divorce is a punishment. Which is not.

 

Better arguments can be framed against 498-a.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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