Wonderful discovery @ 498a# must read by all

even the General Clauses Act Section 5 says

 

5 Coming into operation of enactments. — ⁷ [

Let us wait for the reply by the government in this regard, in my opinion,the government will not be accepting the repeal as it has not been notified in the gazette publication.

If the version of the Petitioner in SC about the validity of Sec 498a is accepted by the court, then it would also mean through the same act. Then by the same repealing act, Marriage Amendment Act, 1976 would also be invalidated. Which effectively means:

1. Mutual Consent Divorce is invalid in India 
2. Divorce petition can not be presented within 3 years of marriage
3. Marriage Age is 15 years for girls and 18 years for boys
4. Divorce Petition can be presented only in the court under whose jurisdiction the marriage was solemnized.

 

Regards,

Under no circumstances sec.498A IPC  can be repealed.  Rigor of that section can be modified to stop possible misuse for causing mischief..

The issue has been raised multiple times before, the repealing of amendment act merely means that the amendments have now been incorporated in the act and hence they need not remain independent enactments.

Certain restrictions were already imposed by the Hon'ble Supreme Court upon the application of Sec.498A  IPC and to proceed with the same now the Hon'ble Judges are thinking about quick disposal of all criminal cases including Sec.498A to give quick relief to sufferers.

please go thru following regarding 498a repeal

https://www.indiankanoon.org/docfragment/1164326/?formInput=498a%20repeal https://www.indiankanoon.org/docfragment/1886483/?formInput=498a%20repeal https://www.indiankanoon.org/docfragment/1775907/?formInput=498a%20repeal https://www.indiankanoon.org/docfragment/196911/?formInput=498a%20repeal

State (Delhi Administration) vs Mithlesh And Ors. on 16 March, 1994

 

Regards,

As one of the Senior most member of The Bar Association of India and as an associate of the legal luminaries the update development on the subject has been disclosed and I know all other views as referred to.above..

The said petition has been dismissed, laying rest to the controversy.

 

 

Regards,