If false case of 498a is filed and no solid evidence is provided by wife regarding the dowry harassment there is no punishment to the husband but court awarding punishment under Cr.182 to wife is yet to be beleived b cos husband and his relatives will just be not interested to fight for the case under it. Simple reason is that MANY VALUABLE YEARS OF YOUTH would have been LOST in winning the case filed by wife. Instead something better have to be done and i have not come across any husband filing a Cr.182 against his wife after winning the dowry case. Can anyone suggest wat else can be done to give a stringent punishment to wife as now applicable by law?
2007-11-20 17:56:53 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As such no recent amendments in the said section 498A IPC. But as a lawyer & based on the recent Supreme Court of India & various High Court judgments which has held making false complaint under section 498A IPC as act of cruelty on the basis of which a husband can be granted divorce, I would suggest a amendment in this very section to take place by adding a clause that any such complaint filled by any wife which is found to be false by the competent court should make her liable for punishment for cruelty against husband & the same amount of punishment for which this provision provides & the competent court shall award such punishment against such wife at the time of pronouncing its judgment in the original complaint made by such wife & being heard by it, hence no further litigation takes place for punishing her for filling false complaint her husband & his other relatives. If any such amendment is brought in this provision, all those married women who file false complaint under this section 498A IPC will learn a lesson of life. Although this amendment as I purpose will never take place as it will be amounting to much stricter law against such women then men as no further investigation/inquiry/evidence will take place while punishing them for filling false complaint against their husband & other relatives which the women welfare organizations of the country will never agree.
2007-11-20 21:00:12 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 0⤋
An offense of perjury and furnishing false evidence would be made out if the wife is filing a frivolous case on false grounds. The courts are very strict now a days to check the misuse of provisions which are given for the protection of women.
2007-11-20 19:58:12 · answer #2 · answered by King of the Net 7 · 0⤊ 0⤋
no. but recently SC of India judgement condemns the false dowry cases
2007-11-20 19:59:07 · answer #3 · answered by vep 4 · 0⤊ 0⤋
In addition to a criminal proceedings for malicious prosecution, you can file a suit to claim damages.
2007-11-22 00:31:29 · answer #4 · answered by Shrichand Nahar 2 · 0⤊ 0⤋