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What is the fate of 498A?
Check this & comment.

1. SC called misuse of 498a Legal terrorism
http://nzmera.orcon.net.nz/dowrylaw.html
2. SC on dowry law misuse
http://www.telegraphindia.com/1050722/asp/nation/story_5020229.asp
3. Adverse affect on the public image of India in the world. The foreign
governments, notably the United States and Canada, have taken note of this
malpractice and have issued advisories on their official websites
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html
4. Even well-educated women are misusing the laws (Star News coverage)
http://www.youtube.com/watch?v=RfsZtD9wJOU
5. Educated women wanting to instil fear in men
http://www.telegraphindia.com/1060717/asp/calcutta/story_6474225.asp
6. Research on 498a
http://www.498a.org/contents/Publicity/498aResearchReport.pdf

2007-06-28 07:55:15 · 4 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

4 answers

“Merely because the provisions are constitutional? that does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment,” the bench said.
“it may become necessary for the legislature” to find “appropriate” ways to deal with people behind “frivolous complaints or allegations”, as the laws do not give any directions in this regard.
“The object of the provision is prevention of the dowry menace. But many instances have come to light where the complaints are not bonafide and have been filed with an oblique motive. In such cases, acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Some times, adverse media coverage adds to the misery,”
All these observations of the Hon'ble Supreme Court with regards to show that the courts are neither blind nor deaf while dealing with the provision of section 498A Indian Penal Code, 1860. The then Rajiv Gandhi Government gave this drastic provisions to the people of India, which has been in more of misuse then correct use. Who all are responsible for this usually mentions the ladies/wives only but let me bring the real culprits behind all the misuse of this provision. No doubt the lady herself being a wife does it for fulfilling her ulterior motives as pointed in the various articles like covering her own adulterous relationship outside marriage etc, but her parents or other family relatives & if any of these happens to be a lawyer or in government service then it adds to the whole case, such government servants who may be the father of this lady or brother or any other relation starts behaving as a High court judge himself knowing nothing about Indian legal system & misguide this lady for filling this false complaint U/S498A IPC. If such a person happens to be a lawyer then this fellow would like to get a legal case from his own family to deal with as he may be lacking cases otherwise for his professional practice. Apart from these family members then comes another wretched group of women welfare organizations who have women members who are themselves either divorcee, or widows or home wreckers themselves. These women not only try their best to break the matrimonial home of this lady but even force her to go in for filling such false criminal complaints in order to satisfy their own frustration against the men in general & with a feeling of taking revenge from their own ex husband or existing husband. The fourth category of people who are involved in such cases are the local police, they are as good as any stray dog of the street, just looking for how to extract maximum money from both the parties in such false complaints, these guys have dharma or imman as one can say in Hindi as the are truly the most characterless leach of the society. The last & the most important group that is responsible for such false complaints are my professional brethrens, the lawyers. They in order to make more money just guide their innocent clients for filling false complaint under this provision, they even get evidence prepared & procured from the government hospitals regarding the injuries etc that can be used in the proceedings, getting witnesses for such matters is also possible on payment, rather then guiding the spouses for going for divorce on mutual consent & settling the matrimonial dispute amicably if the relationship between them has badly strained they misguide the spouses for prolonged legal battle that take years to remain undecided, why I say undecided because the disputes between the parties NEVER GET DECIDED IN THE COURTS BUT ONLY OUTSIDE COURTS, this is the hard fact of the legal disputes & system of our country. After reading to whatever I have stated here any couple in a matrimonial dispute give a thought to whatever I stated hear, don't listen to any one just apply your BRAINS if you guys are unable to live together any more just go in for divorce by mutual divorce, even if you are being told not to do so by any one in the world for that I'll say even if GOD himself comes & say don't go for divorce by mutual consent but go for legal battle as told by any of these person I mentioned here just take such a GOD as some actor of drama company misguiding you on these persons behalf. The best,easist & most economical way to get rid of any bad relationship in a matrimonial home is to sit together decide about the kids custody amongst yourselves, decide about the alimony amongst yourselves, jointly file the petition for divorce by mutual consent & settle the matter ones for ever.

2007-06-28 19:14:42 · answer #1 · answered by vijay m Indian Lawyer 7 · 0 0

498A will go a long way because the definition covers even the mental torture which is easy to prove in an indian society with odds heavily against man in a matrimonial dispute.The law makers were always apprehensive about giving any tone down effect to the section, pleading the texture of the indian society.

2007-06-28 17:05:00 · answer #2 · answered by k 2 · 0 0

Before answering your question I went through all other answers . I recommend the lawyers answer is correct and that is the best answer Thanking you Yours VRVRAO

2007-07-01 05:08:11 · answer #3 · answered by Raghavendra R 5 · 0 0

It;ll go all the way.

2007-06-28 14:58:26 · answer #4 · answered by extra_37 4 · 0 0

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