My case of 498A has gone to court, my case is going on at Raipur Court (Chhattisgarh). Please tell me is it advisable to contact "Mahila Aayog", if yes how can i get in touch with them?
Goutam Prasad (Advocate) 22 February 2009
As matter of additional forum for redressal you can go to Mahila Ayog. But, don't try to hide there that you have already approached to court.
You can write a letter to Mahila Ayog, Chhatisgarh.
Have a nice day.
M. PIRAVI PERUMAL (Advocate & Consumer Rights) 22 February 2009
THIS QUERY HAS BEEN REPEATEDLY ANSWERED BY OUR LEARNED FRIENDS ON MANY OCCASSIONS.
Guest (Guest) 23 February 2009
Mahila Ayog (if you mean state commission for women), I say, file a complaint before them giving full details. But,note it , they do nothing as far as this type of case is concerned. The State Commission for women and also the National Commission for women have not got required powers to do any thing and that is why, in legal circles, they are treated as teethless babies. They cannot bite.
Recently, Delhi Commission for women has been issuing orders directing the employer of the husband to deduct salaries of the husband and make the payment to wife as maintenance. These orders have been stayed and in some cases struck off by the hon'ble High Court.
You concentrate on Section 498-A. In these days, the judiciary has, unfortunately developed a tendency that all the cases filed under this section are harassing the innocent men and is acquitting the guilty husbands. That is why make sure to prove the charges against the husband to succeed in these cases.
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NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
REGARDING YOUR QUESTION ABOUT 498A CASE KINDLY NOTE THAT
1.IN CASE YOU HAVE FILED COMPLAINT TO LOCAL POLICE STATION UNDER SECTION 498A OF INDIAN PENAL CODE ,ON THE BASIS OF THE SAID COMPLAINT A CRIMINAL COMPLAINT NO. IS GIVEN TO IT AND A CRIME IS REGISTERED AT LOCAL POLICE STATION AND PERSONS NAMED AS ACCUSED WILL BE ARRESTED AND PRODUCED BEFORE THE COURT ALONG WITH YOUR COMPLAINT. A SEPERATE NO. IS ALLOTED TO THE CASE AND COURT WILL FIX IT FOR HEARING AFTER THE CHARGE SHEET IS FILED BY THE POLICE.
KINDLY NOTE THAT OFFENCE UNDER SECTION 498A IS NON-COMPOUNDABLE MEANS PARTIES TO THE DISPUTE COMPLAINENT MUST BE EXAMINED IN THE WITNESS BOX BY PROSECUTION SIDE AND CROSS EXAMINED BY THE LAWYER OF ACCUSED AND AFTER HEARING BOTH THE SIDES JUDGEMENT IS PASSED.
KINDLY NOTE THAT YOUR CASE IS SENT TO THE COURT ,IN YOUR CASE YOUR CASE WILL BE HEARED BY THE COURT .NO OTHER AUTHORITIES CAN INTERFERE OR COMPROMISE THE MATTER AS IT IS NON COMPOUNDABLE MATTER UNDER SEC.498A. KINDLY INFORM WHETHER YOU WANT TO COMPROMISE THE MATTER WITH OTHER SIDE OR YOU WANT TO GO AHEAD WITH YOUR COMPLAINT.
KINDLY NOTE THAT IN CASE ANY FURTHER HELP IS REQUIRED THEN KINDLY SEND DETAILS.
WITH BEST REGARDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI), ADVOCATE
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 23 February 2009
Dear Bhawna,
Sad to see ur repeated querry on lawyersclubindia.com.
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