Domestic violence /498-a case after 6 years

Sir Look, the query was asked in good intent since i dont have a senior and i depend a lot on such sites and guidance from seniors around in forum. However u have totally mistaken me , if the question was of earning money then my client wud have paid some legal fees to a senior and he wud have added some mirch masala... and after due process of law, once the husband wud have been arrested, she wud have extracted some money and settled the matter. However its not so . ANyway we have consulted a very good senior and we wud atleast go for a case of divorce , also we are thinking of filing a writ petition if we cannot file the 498-a cases as even the doctors and witnesses around are ready to help. through one of my seniors. hope everything wud be fine for her.

This wud be the last interaction of things with u over this topic as i dont wish to waste my time, irrespective what u want to say further...

See, the purpose is not to abuse you but to abuse the law-mis-users.

498a was initially drafted to punish dowry seekers but with time and several loopholes in badly drafted laws, girls side start using this criminal law in small family disputes.

Sometimes girls, to hide their their mistakes, file 498a on husband.

Sometimes as the relation has broken down, 498a is being filed to extort money out of this broken relation.

Lawyers while suggesting girl side to file 498a dont reveal that it may take years to come out of it and then husband can appeal again in HC and then in SC spoiling whole life of girl and her family if he decides to stand firm.

If a marriage is broken and no chances of reconcillation then its better to got for MCD rather then teaching opposing party a lesson because sometimes while teaching him a lesson, you also learn few leasson but when you realise it becomes so late.

Sir Totally Agreed with the recent post which u have agreed, people do this for the sake of money. However mine intention or my clients intentions are not to extract money or to cheat anybody, but to get justice.

However i take back all my words and whatever bad language which is used and hope things go good for both of us in all forms of future life with the grace of god.

@Nitin  Sir,

still it does not justify, let us take the situation, you were in quarrel with your neighbour which went on to a minor fight with hands, if a woman from that family files s*xual assault on you ( sure if former CJI recommendation is implemented) will you accept on the same arguements?? Paining right? Misusing 498a even for good intention causes two fold (1) failure to proove that actually deviates the original punishment that should be served callous husband who kicked at her wife womb with child, believe me , no pesron here who fights misuse of 498a  will support such men

(2) When there are other legal provision why only 498a?? Next, If you want to really help your friend or client, please avoid 498a and use the correct legal measure 

(3) As lawyer you are doing injustice to society by using a law that only meant for dowry victims, which makes even original victims reach the benefits and encourage women to misuse.

Sorry for the offence if I have made any