Contest (Proofer) 14 March 2015

Should police barred from matrimonial cases?

I feel the divorce cases are increasing day-by-day and one of the important reason for this is police interference?

Should the matrimonial laws be redesigned to stop the police dealing with matrimonial problems who kick starts the fire between husband and wife, and turns them to abuse laws?

I am a victim of police who filed a DV case, but i had strong evidence so that the false DV case which my wife filed have been withdrawed by her itself just after i filed respondent statement.

I have many friends in court attending divorce and DVA cases who also have same complaint against police as well as recently the supreme court gave a direction to curtail the arrests based on guidelines of 498a?

I feel the police are the abusers of law and evidented by supreme court giving guidelines to police.

Guys and Girls, please share your views regarding this.

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3 Replies

Born Fighter (xxx) 14 March 2015

IN FALSE CASES ---more than the police i feel it is the crooked mentality of wife and her family who instead of following mediation with the help of family members and elders , use the corrupt police by bribing them to torture the husband and his family for settling personal scores/monetary gains. For Corrupt Police its like any other case where they get chance to earn money.

I have seen once a family dispute is taken to police station the chances of survival of such a marriage reduces drastically and then what follows is an ego battle / revenge

All men and infact all families should be EXTREMELY careful or rather take an oath to not marry any girl from a family who has lodged a false 498a case against her in laws. One needs to carefully assess the credentials of such a family through proper pre-marital investigation. Needless to mention such a investigation should also be done by girls family also to ensure the boys family is good enough.

Mind you out of 100% cases registered under 498a, only 15% get acquitted. Rest are all false or unproven

Considering marriage in such a family (where 498a false cases were filed) is like marrying a snake who can bite you anytime as these family members are well aware of how the women laws can be misused and consider their specialization to break families if their demands are not fulfilled.

T. Kalaiselvan, Advocate (Advocate) 17 March 2015

What is your query, The police have no business to file DV case. The can register FIR on dowry harassment, cruelty, assault and other criminal offences and will proceed to prosecute the accused as per law. They cannot prosecute a respondent in DV case, probably you are misinforming here (?). First of all you post your query for any opinion to be sought on it.

Contest (Proofer) 17 March 2015

What is your query,

DV and 498a cases are initially handled by police when they receive a complaint from girl. Why there should not be a separate department to handle matrimonial cases/offences, etc.

The police have no business to file DV case.

No sir, if police receive a complaint they send it to social welfare department and they file DV. The boy and others should only contest the case to prove themself clean. How much defamation the boy and family will undergo in today's world.

I am not contending about the genuine girls cases where they are maltreated and abused. My intention is that not all cases are genuine filed against boy and his family.

They can register FIR on dowry harassment, cruelty, assault and other criminal offences and will proceed to prosecute the accused as per law. They cannot prosecute a respondent in DV case, probably you are misinforming here (?). First of all you post your query for any opinion to be sought on it.

Police have an upper hand in matrimony cases so they can arrest everyone in boy family based on 498a and so only misuse of this section by girls and police, supreme court laid down the restriction of arrest only with permission of SP or commissioner of the district. It is not an suo moto order of supreme court.