1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.
Comment : Yes it is true. But inspite of its being a criminal offence the demand and offer is increasing.
COUNTER COMMENT: Wrong..Demand and offer may be increasing among their communities where there are the customs and in many cases the dowry is forcibly given which is an offence..In urban areas the arranged marriages takes place through matrimonial sites, newspapers and other agencies and no question of demand arises in such cases as every spouse has option to exercise their choice
2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights.
Comment : Yes it is true. But the dowry demanders are no less than terrorists. Inspite of such provisions the actual offenders are almost undeterred.
COUNTER COMMENT: Wrong…Law doesn’t allow to prosecute the innocents at the instance of complaint..HYou cannot hand 100 innocents just to hand one offender
3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children.
Comment : Yes it is true. But for being part of domestic violence and for being a dowry demander one does not need to be all the time available in family or not being pregnant any time. In some families even the children are motivated for dowry demand.
I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.
COUNTER COMMENT: Wrong..Law does not allow to prosecute all mere for some..In urabn areas there si shortage of houses and joint families live under same roof..The woman who failed to adjust in new matrimonial surroundings implicate others for setting scores..Children are always presumed to be innocents
4 Accused is presumed guilty until proven innocent. No where in the world it is so.
Comment : Yes it is true. But in many criminal cases it is so. It is a departure from basic criminal jurisprudence but is the compulsion of the circumstances that onus of proof is put on the accused. You cannot say that “No where in the world it is so”.
COUNTER COMMENT: Sorry..Accused is presumed to be innocent in 498-A case onus lies on the prosecution..Its not case of 376
5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'?
Comment : Yes it is true. But gifts are at times seen disproportionate to the capacity of giver. It is not always so. Many gifts are given by friends and relatives of either side who are not even being aware of dowry demand or are not even supporters of the same.
I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.
COUNTER COMMENT: Wrong No one is mindless now a days even a 5 year child knows how to play Internet
6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple.
Comment : Yes it is true. But there are persons in the society who can compel the accused to compound offences. On the same time there had been instances that the couple came to close the case as they have decided for peaceful cohabitation or peaceful departure.
COUNTER COMMENT: Wrong..You are equating 498-A with other offences..498-A accusers ddonot have any criminal antecedents
7 After a man is accused of 498A, he will not take his wife back later.
Comment : Yes it is true. But some persons have seen the reasons. Some husbands learn that they are wrong and rightly accused and some women understand that they were wrong and wrongly accused the husband. These are exceptions only as society compels the said husband (even if rightly accused) and said wife (even if wrongly accusing) not to bend and get destroyed.
COUNTER COMMENT: Wrong…Once bitten twice afraid of..No one man with reasonable prudence takes his wife back to his home for further devastation
8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives.
Comment : Yes it is true. But in most of the cases it is not the husband but old parents who demand dowry.
COUNTER COMMENT: Rubbish and sadistic Views..Old parents needs support and social and psychological..At fag end of life they needs medicines and care not money..
9 Groom’s relatives don’t find a suitable bride after they are accused under 498A
Comment : Yes it is true. But same goes for bride as well her relatives also loose market even if her allegations are correct.
COUNTER COMMENT: No way..Bride family files case in planned manner and will file cases only when they donot have son/daughter to married..Its common sense If I had the weapon I need not have to seek permission when and how I have to hit the target
10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands.
Comment : Yes it is true. But in some cases the wife and parents (either side or both sides may be wrong) has no problem with husband but with his family only.
COUNTER COMMENT: Again Wrong..If she has problem with his family she has the option to live separately or go for divorce..Who has given the power to misuse the laws for settling scores against in laws for trifling matters
11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family.
Comment : Yes it is true. But at times wife’s job is at risk if she continues to bear the torture.
I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.
COUNTER COMMENT: Wrong..wife if loses job asks for maintenance under 125/DV act..but not only husband other family members jobs are also at risk..Have you heard that wife father or brother job were at risk..Point has no relevance
12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case.
Comment : Yes it is true. But health of wife’s parents gets deteriorated if there is no respite to their daughter’s torture.
COUNTER COMMENT: Wrong..If the health of both parents get affected why they intended to choose the misuse of the provisions..Men and has family bears the maximum torture.Some times cases have been filed if the husband detect that wife has some illict relationships or there was concealment of facts prior to the marraige
13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused.
Comment : Yes it is true. But some women commit suicide who are unable to withstands the torture. Such suicides became rampant that is the reason that S/304B had to be enacted.
COUNTER COMMENT: see the NCB data every year 66000 married men commits suicide and ratio is half as woman
14 Old parents after 498a case become very apprehensive and advice their son not to marry again.
Comment : Yes it is true. But girls parents are also equally vary after she is torture by in-laws.
COUNTER COMMENT: Wrong..Then why they misuse the law??
15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health.
Comment : Yes it is true. But at times girls family ends up paying heavily and with no respite.
I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.
COUNTER COMMENT: Wrong..The state will bear the expenses of the girls case as the criminal case is filed between the state and the husband and family members name..Girl only act as complainant and has to pay nothing..all cases have been filed at the place of residence and husband and his family members have to bear stigma for attending the court hearing on regular basis
16 Most often the lawyers tend to take the family for a ride to extract as much money as possible.
Comment : Yes it is true. But such type of lawyers do behave so in every criminal case .
I reiterate that irony is that the real victims are so badly demoralized that they do not take shelter and mostly these are used against innocent persons.
Counter Comments: Wrong Question remain why boy family sufferes Why its need to consider as 498-a as criminal offence..What’s the purpose of running trial against the husband and his relatives as 98% CASES are false and exaggregated
17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint.
Comment : Yes it is true. But society has been so badly male dominated that before these laws woman had no place in society and had no human rights at all.
Counter Comment: If the society has been male dominated for thousand years..Does the society gives the right to punish the coming generation of man because their forefathers according to today women has behaved badly
18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded.
Comment : Yes it is true. But there is tendancy that every defendant of civil suit tends to take benefit of slow legal process. Woman is at the more vulnerable end and men take advantage where they can delay divorce. Such laws help the couple to come to either quick conciliation or agree to leave each other for good.
Counter comments: Wrong 498-A is used as tool for bargaining maximum alimony by staking the life and carrer of the relatives of the husband..Its called legal extortion
19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman.
Comment : Yes it is true. But in most of the cases (mostly in rural) neighbours support male version blindly and depose so in court.
Counter Comment: Wrong, Witness needs to be depose free anf fair manner
20 Some women marries an NRI and slaps a 498A case only to extort large sum of money
Comment : Yes it is true. But some NRI grooms never come to noose of civil or criminal law
Counter Comment: Wrong, Majority of NRI has their aged parents living in India.Ladies even after getting divorce from foreign courts implicate and send old aged parents in jail for settling scores and in many case Look out notice to be issued aginst them
21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation.
Comment : Yes it is true. But police so do by using extra-legal power as a humane measure.
Counter Comment: Wrong, Police get shares from recovery..U see where Police even refused to file FIR in cognizable cases easily files such cases .Don’t u see the corruption angle
22 The case can easily linger in the court for years and only the groom’s family has to pay the price.
Comment : Yes it is true. But criminal proceedings are still faster than civil proceedings
Counter Comment: Wrong …Who says this? In criminal proceedings cases languished for several decades..How it could be faster??
23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance.
Comment : Yes it is true. But in no criminal case the criminal liability extinguishes with civil relief.
Counter Comment: Wrong..If civil relief is not there..Does it make any sense to file criminal case against man??
24 There is no prohibition clause in the 498A law that would stop women to misuse it.
Comment : Yes it is true. But if some such clause is inserted it will be used against genuine complainants and may defeat the purpose of law.
Counter Comment: Wrong..Law doesnot says that u punsh 98% for punishing the 2 % cases..Genuine complaints will not be reported and frivolous complaint get motivated on seeing the others
25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.
Comment : Yes it is true. But defamation is a non-cognizable case and you can register direct in court.
Counter Comment: Wrong..The accused person has already faced stigma..It will be double jeopardy if he institutes the trial..
The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas.
Comment : It is not true. In rural side there are alaternative remedies of social action against dowry demanders. There is no such forum in urban areas. The need for demand of dowry is more in richer society both in rural and urban life.
Counter Comment: Wrong..Here the midlle class person are the worst sufferes..Rich people go for compromises and go for out of court settlement and those who could not pay the price face the Trial..Its RICH MAN LAW
If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy.
Comment : Need to pay dowry is the biggest motivation for corruption and the law needs to be accustomed to so.
Counter Comment: Wrong ..Govt should focus on anti corruption laws and not the penal action against the husband and his relatives
There is no provision in law for girls parent who shower excessive dowry at time beyond boys capacity to use (i.e primary teacher being given luxury car)
The law needs to be so strong that it should be the duty of the police to ensure that no marriage in there area are conducted with excessive pomp and show and each party must be made to submit return of martial expenses to IT deptt. For groom/bide or their parents being Govt servants should be duty bund to submit report of expenses and CD of celebration to deptt
Counter Comment: Wrong..This happen only on paper as law is there but no one is implementing it Dowry Prohibition Rules 2