SC allows couples to settle marital cruelty cases

NEW DELHI: In a first, the Supreme Court on Friday permitted settling of cases under Section 498A of IPC lodged by a woman against her husband and in-laws for alleged cruelty in her matrimonial home.

Though it was enacted to protect women from harassment and cruelty, there has been judicial recognition of the fact that on several occasions, false complaints under Section 498A were filed to teach the husband and his relatives a lesson as these cases were non-compoundable and bail was difficult to get.

"We feel that though offence punishable under Section 498A of the IPC is not compoundable, in appropriate cases, if the parties are willing and if it appears to the criminal court that there exists elements of settlement, it should direct the parties to explore the possibility of settlement through mediation," a bench of Justices Aftab Alam and Ranjana P Desai said.

"If there is settlement, the parties will be saved from the trials and tribulations of a criminal case and that will reduce the burden on the courts which will be in the larger public interest," said Justice Desai, who authored the judgment on behalf of the bench.

"During mediation, the parties can either decide to part company on mutually agreed terms or they may decide to patch up and stay together. In either case, for the settlement to come through, the complaint will have to be quashed. In that event, they can approach the high court and get the complaint quashed. If, however, they choose not to settle, they can proceed with the complaint. In this exercise, there is no loss to anyone," the bench said.

The judgment came in a case where a couple separated just two days after marriage as a row between the parents of the bride and groom resulted in a massive ego battle leading to a legal fight that lasted for 10 years.

During the time they were separated, the wife made several false complaints against her husband and his father, including a derogatory complaint that she was asked by her mother-in-law to sleep with her father-in-law. When the court found it to be false, she said it was an attempt to pressurize her husband to take her back.

The bench said, "This statement cannot be explained away by stating that it was made because the wife was anxious to go back to the husband. This is not the way to win the husband back. It is well settled that such statements cause mental cruelty. By sending this complaint, the wife has caused mental cruelty to the husband."

It said the high court erred by ruling that mental cruelty could be caused only if the husband and wife stayed under one roof. "Staying together under the same roof is not a pre-condition for mental cruelty. Spouse can cause mental cruelty by his or her conduct even while he or she is not staying under the same roof," Justice Desai said.

"In a given case, while staying away, a spouse can cause mental cruelty to the other spouse by sending defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings making the other spouse's life miserable. This is what has happened in this case," she added.

Everyone in India is wrong except 498a wives!!  Some people tie their eyes with black ribbon and say world is dark

498a lady makes the life of her husband slightly difficult but at the same time she and her family members also faces worst life so dont think that a fraud women will be happy after her false cases.

i dont think SC 'approves' extortion - however it is making it possibe

for an early exit from falsified cases. It has approved an exit option to save

more trauma (but has not issued a directive, a directive would be clearly

legal extortion tactic), but definitely the choice is with the individual. if one is willing to fight

and come out a winner, the choice is still there.

Dear All expert, is it true that 498 fraud wives and her family are enjoying good life.

kya vo bhi pareshan hote hai. pls reply accordingly.

Originally posted by : I love my parents
	Dear All expert, is it true that 498 fraud wives and her family are enjoying good life. kya vo bhi pareshan hote hai. pls reply accordingly.

Pareshaan hote yeh toh nahi malum, par jo bhi wife log jo 498a, 125, DV case daalte hain apne pati ke oopar, pehle pehel unko itna aanand praapt hoti he ki kya bataoon.

Khushi khushi aate hain, sajh dhajh ke aate hain powder laali lipstik etc makeup karke aate hain court aur police station ko ki maano dekhnewale sochte rehjaaye ki yeh court/Pulis station aaye hain ya kissi ki shaadi/function mein aaye hain.

Phir toh jaise patiyon ko sehna padta he intezaar karna padta he jab tak aap ka number na bulayajaaye, woh style se baithi rehti he court hall ke andar, mahila jo tehri, aur pati log toh bahar khade hoke intejaar karna padta he.

Pehli sunvai mein file ko side mein rakhenge, baadmein phir bulaayenge.

Jaise ki maine dekha he false case daalkar mereko dekkar hassti rehti thi meri so called biwi.

saath mein uske family members be hasneka mereko dekh ke.

Bahut khush lagrahi thi tab toh 2009 mein jab mere oopar false case dala DV ke andar.

Baad mein main High court gaya, sessions court bhi gaya, dono jagah DV case set aside hua.

Aur jab case setaside hua tab meri biwi ka chehra dekhne laayak tha, lipstik laali toh door, aisa lagraha tha ki barso se nahayi na ho

All in all, muje yahi lagta he ki mard log ko instant tension hoti he.

Lekin aurat log ko long term mein ehsaas hota he aur long term tension hoti he, THats gauranteed!

चलो देर से ही सही, लेकिन वाइफ को किए की सज़ा तो मिलेगी. लेकिन मुझे नही लगता की ऐसे लोगों में conscience नाम की कोई चीज़ होती है. वो लोग थोड़ा दुखी होंगे - इसलिए नही की उन्होने ग़लत काम किया, बल्कि इसलिए कि वो हार गये. इसलिए की वो अपने मकसद मे कामयाब नही हुए. अभी तक इस portal/website में किसी भी husband ने ये नही लिखा है कि उसकी वाइफ को सच मे ग़लती का एहसास हुआ !!
ऐसे 498/DV लोग सोसाइटी के गटर मे रहने लायक है... या शायद वहाँ भी नही :)

Dear I Love my Parents:

Why do you want to care that these 498A wives & their parents are enjoying life or " Kya woh log bhi pareshan hote hai?"

I think you are asking this because you have seen them enjoying & laughing on you & your family. You must be really feeling like punching on their face & break their jaws so that they can't even cry.

"Apna Gussa Paal ke Rakh (Preserve your Anger)" for fighting in court case. Their enjoyment is short lived, just for initial stages of case. After that their pareshaani begins. In the begining, Always the Hero & his Family are Harrased and in the End the Villain is Absolutely Finished.

In your case, If you are really right & genuine and you or family have done No wrong, then, don't worry.

What if you have Legal License for AK-47? Exactly like that, these cases like 498A, DV, Etc.... are women biased. Wives have a legal weapon in their hands. Will they be able to fight a genuine case with all true incidents - NO.

Let them enjoy, Let them Laugh at you & your Family, Let them make fun of you, Let them see you crumbling down, Let them see you look down, Etc...Etc.... All this will make you stronger.

Any person's Soul & Sub-Conscious Mind is the Mirror for that person. Even more, she will show that she is right only on Face. But, her Soul & Sub-Conscious Mind must be definitely harrassing her internally because she is doing wrong. But at this moment her conscious mind is not accepting the wrong she is doing. Her mind thinks she is doing right. This will make her sit on her knees sooner or later.

So don't worry about their enjoyment. You be ready for enjoyment soon.

Thanks Dear Mr. Chaturvedi Ji,

I am satisfied.I know my case is false 498.I am ready to fight.But i am not in a position to travel with Sweet Mother to travel 600 Kms.

But for your advise.

Thanks Dear Mr. Chaturvedi Ji,

I am satisfied.I know my case is false 498.I am ready to fight.But i am not in a position to travel with Sweet Mother to travel 600 Kms.

But for your advise.

Well my 498a wife was on the cloud 9 when we were called in Police station for threatening (read mediation). They were shouting in the police station as if they own it . They acted like they are the boss and asked to register FIR.

FIR registerd, we got bail and came out. All pressure gone from our end.

In the initial stages they were smiling, giggling and what not in the court while we were showing blank face to them. Now as cases have progressed and they are seeing that court / judge can see the truth out of the allegation with proofs/cross etc etc, time has come that we are more relaxed and focused while they are in fear / confused as what will happen next ..My lovely has now doubled her waist line , her hairs are turning to silver color, FIL's face  where there was more anger and attitude , now i see lot of wrinkles appeared..as if he has aged 10 years in last 2 years of litigation.

There is someone in the sky watching and taking care of innocents..Dont worry Keep the fight on. Time will come when you would rule. Wait for right time and strike with full force.

Originally posted by : Never Give Up
	Well my 498a wife was on the cloud 9 when we were called in Police station for threatening (read mediation). They were shouting in the police station as if they own it . They acted like they are the boss and asked to register FIR.   FIR registerd, we got bail and came out. All pressure gone from our end.   In the initial stages they were smiling, giggling and what not in the court while we were showing blank face to them. Now as cases have progressed and they are seeing that court / judge can see the truth out of the allegation with proofs/cross etc etc, time has come that we are more relaxed and focused while they are in fear / confused as what will happen next ..My lovely has now doubled her waist line , her hairs are turning to silver color, FIL's face  where there was more anger and attitude , now i see lot of wrinkles appeared..as if he has aged 10 years in last 2 years of litigation.   There is someone in the sky watching and taking care of innocents..Dont worry Keep the fight on. Time will come when you would rule. Wait for right time and strike with full force.

I could relate to the above !