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Misuse of Section 498A

profile picture suresh    Posted on 08 December 2011,  
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In the cases Preeti Gupta v. State of Jharkhand (decided on August 13, 2010) and Ramgopal v. State of M.P. (Order dated July 30, 2010) relating to Section 498A, the Supreme Court of India has observed that complaints are not always bona fide and are at time filed with oblique motive. The Court has, inter-alia, requested the Law Commission of India to examine different aspects of Section 498A including that of making it compoundable. Giving this information in written reply to a question in the Lok Sabha today Shri Salman Khurshid, Minister of Law & Justice, said that the Law Commission of India has considered the above decisions of the Supreme Court of India. As per the information received by the Commission, more than one lakh cases are pending. The subject relating to Section 498A has been discussed at the meeting of Law Commission of India held on 31st October, 2011 and in the light of deliberations, the Law Commission will prepare the Report which will detail the need to make the offence under Section 498A IPC ‘compoundable’ or not. The Report will also deal with other aspects relating to Section 498A such as making it bailable, process of arrest, conciliation etc.

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Comments
10 years ago John

See this women how they are abusing this men 40% Men are facing Domestic Violence and How Society response that this best example, Why only Women Considered as Innocent by Society? Who gave women batch innocence? Violence IS Violence, Who commits doesn’t matter ……. In specially India now day’s law not is biased but blind, dump, desperate towards men, If any women go to police station register anything against they note down without considering facts, all investigation happens with in police station, all crime sconce is created in police station and all withness examined in police station most of the cases. Men are treated like terrorist, without any notice and chance men & his family captured by cops. Beauty of law is that, if men prove as innocent then also judges are passing judgment like “we have freed you as benefit of drought”, because of this line men can’t claim against wife they should give fearless judgments like the complaints are false and investigation not done proper. Might be few women have trouble, but they are out of reach law so due to that you can’t punish males who are good and moral character Women organization put concern like that all laws in India is misused…. .. I have to answer to that 1. This law is used grossly 2. complete family suffered 3. Name, respect, dignity spoiled 4. Unmarried people dragged into this, so social impact very bad unmarried thing this is going to happen with me if I marry. 5. Relation break, sister is married and women dragged sister and his husband 6. Marriage is relation of faith, faith break marriage break 7. loss of Jobs 8. confidence loss 9. money loss 10. time waste 11. N Number of other hidden losses other laws are not grossly misused and no family impact happen because of those law, no breakage of marriage. Women Organization  say’s “did bad then go in jail” we are supporting to this comment that’s 100% correct But again “not did bad in that case false women have to go in jail” ….. Women Organization  ummmmmmmmmmm ummmm ummmm ummmm umm Did you understand this language even I don’t hahahahahahahahahaha Really I didn’t understand this women organization is supporter of women or against women ? Why I asking question refer below points 1. Mother-in-law & sister-in-law and other women are also women 2. In our nation after 60 years of independence we still fighting for beard and butter 3. If family disturb means women also suffered 4. If marriage break means loss of both side 5. If marriage break means loss parental control 6. If marriage break means loss of time 7. If marriage break means loss of money (marriage ceremony, finding good partner...etc) 8. N number other hidden losses


12 years ago ARPIT KUMAR OSWAL

conclusively, it's time to reconsider the aspect that whether amendment and insertion of 498A & respective amendments in evidence w.r.t. presumption are adequate and in consonance with the constitutional right of equality before law & equal protection of law. The question i'm putting before scholars of the club is Whether frequent framing of laws in favour of women without bothering for its impact on society & trend of marriages being irretrievably broken, which is developing now a days, is not a excessive protection to women?


12 years ago ARPIT KUMAR OSWAL

conclusively, it's time to reconsider the aspect that whether amendment and insertion of 498A & respective amendments in evidence w.r.t. presumption are adequate and in consonance with the constitutional right of equality before law & equal protection of law. The question i'm putting before scholars of the club is Whether frequent framing of laws in favour of women without bothering for its impact on society & trend of marriages being irretrievably broken, which is developing now a days, is not a excessive protection to women?


12 years ago ARPIT KUMAR OSWAL

conclusively, it's time to reconsider the aspect that whether amendment and insertion of 498A & respective amendments in evidence w.r.t. presumption are adequate and in consonance with the constitutional right of equality before law & equal protection of law. The question i'm putting before scholars of the club is Whether frequent framing of laws in favour of women without bothering for its impact on society & trend of marriages being irretrievably broken, which is developing now a days, is not a excessive protection to women?


12 years ago umesh modi

THE COURT CALCULATION SAYS THAT 98% CASES OF DOWRY IS FALSE. CAN ANY ONE SAY WHAT HAPPEN TO THOSE WOMEN WHICH FILES FALSE CASES & SPOIL THE LIFE OF A MAN & HIS FAMILY. I THINK THERE IS A AMENDMENT REQUIRED THAT IF THEIR IS A FALSE CASE FILE THEN THE FAMILY MEMBER OF WOMAN & WITH WOMAN GOT PUNISHMENT TO FILE FALSE CASES. BECAUSE SHE FILES THE FALSE CASES BUT THE LIFE OF MAN & HIS FAMILY IS TREMENDOUSLY IN TENSION. ALSO THE LIFE OF HIS & HIS FAMILY IS SPOILED IN EVERY WAY. IN WAY OF SOCIETY, EARNING, REPUTATION & ALSO ON PHYSICAL HEALTH OF HIS & HIS FAMILY MEMBER


12 years ago Zakeer Hussain

Is there any ruling of Supreme Court of India or any other high court that after the filing of divorce petition by a husband,criminal proceedings by a wife under section 498A IPC are not maintainable?


13 years ago S.N GUPTA111

Dear Members, why I am not getting reply to my queries ?


13 years ago S.N GUPTA111

Please advice in case husband has commercial property,how he can save it from greedy wife in case of divorce


13 years ago S.N GUPTA111

Please advice in case husband has commercial property,how he can save it from greedy wife in case of divorce


13 years ago S.N GUPTA111

In women cell, what is done in mediation ? can anybody advice


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