After SC it's HC now. Read the news below:

https://expressbuzz.com/cities/bangalore/hc-accepts-that-dowry-act-is-being-misused/200181.html

HC accepts that Dowry Act is being misused

BANGALORE: The High Court has strongly condemned the investigating officers for blindly registering cases of dowry harassment, without looking into the provisions under section 498A of Indian Penal Code (IPC).

While quashing the criminal proceedings initiated against the petitioners under 498A of IPC at the court of the chief metropolitan magistrate, Bangalore, Justice Subhash B Adi observed that the police had not taken into consideration section 498A of IPC to know whether the allegation amounted to cruelty, the court observed.

To prevent unscrupulous persons from misusing the law, a scrutiny of the complaint at the inception stage is advisable, the court told the investigating officers.

"Before proceeding with the criminal complaint, the investigating officer or the court must look into the allegation to find out whether it makes out a prima facie case to proceed.

"In most of the cases, the police use 498A of IPC more for harassment rather than it's real purpose. The police must use its authority to subserve the purpose for which the provision is made instead of misusing it," the HC told the investigating officers.

It is a common feeling that irrespective of the involvement or nexus to the alleged offence, even friends and distant relatives are implicated. This happens, because of non-application of mind by the police to the contents of the complaint and the offence alleged, which results in harassment of a person who is unconnected with the alleged offence.

Scrutiny of the complaint is necessary at least to know what offence is alleged. Particularly in the case of offence under section 498A of IPC and offence connected with matrimonial disputes, due care is necessary. In some cases, without even allegation, entire family, relatives and friends are made parties, the court observed.

PO Raju, Susamma, Joman Raju and Jolly Raju, all residents of Pathanamthitta in Kerala, filed a criminal petition challenging criminal proceedings initiated against them by Yelahanka New Town police station in a dowry harassment case filed by Raju's wife Jayashree.

Jayashree had alleged that her in-laws, residing in Kerala, threatened her not to come to Kerala after her husband had left the house in Bangalore.

She alleged that her in-laws instigated her husband to leave her company. Jayashree filed a complaint in jurisdictional police station against her in-laws. However, the petitioner's counsel stated that the allegations in the complaint did not constitute cruelty within the meaning of section 498A of IPC. The court upheld the contention and quashed the proceedings.

Govt asks police to stop misuse of dowry law

https://www.dnaindia.com/india/report_govt-asks-police-to-stop-misuse-of-dowry-law_1426912

In a move that may provide some respite to harassed husbands (and their families) facing false dowry harassment charges, the central government has asked the states to prevent misuse of the Dowry Prohibition Act and section 498A (cruelty for dowry) of the Indian Penal Code (IPC).

In a note addressed to the state chief secretaries, the government has asked the police and courts to handle matrimonial disputes and complaints of harassment for dowry with utter care and caution. In cases of matrimonial disputes, the first recourse should be to mediate between the warring spouses and their families. They can file charges under Section 498A of the IPC only where conciliation efforts have failed, and when there is a prima facie case under Section 498A and other laws.

The note also quoted a 2005 Delhi high court judgement by justice JD Kapoor (now retired) saying that these provisions have lead to a large number of divorce cases, as when one spouse is arrested and sent to jail without any immediate reprieve of bail, the chances of salvaging the relationship dwindles, and the marriage, for all practical purposes becomes dead.

“All state governments/UT administrations are requested to take effective steps…to put to rest the allegations of misuse of section 498A of IPC,” the letter issued by ministry of home affairs in consultation with women and child development ministry (WCD) said.

Minister of state for WCD, Krishna Tirath, said that such remedial measures were based on complaints received by the ministry on alleged misuse of the law.

After reading the two news posted above, I can feel the heat coming out from the frustrated wifes and their well wishers who advise women to file 498A just like that without trealising the results. It not only destroys boy's side but also doesn't leave girl side either. That is a different issue, how many years, the girl side takes to realise this.

Cheers!

Cool, Dool, Tool etc. etc.

Yes, carry on your cry/noises Jackals, wolfs and Foxes. Nice rather Excellent work.  Keep it up.

 Henchman Arupuddin sheikh brother of Sohrabuddin Sheikh, “Sargana of Your “D” company has become ugly toothless Budda” , so u have taken his place and all of your loyal dogs, are not barking with  desired strength. Try to bring some more dogs to increase your strength. 

“Maza nahin aa raha”

Bark Mad Dogs Bark.

@ Jaiswal

If you have issues with me that is D. Arun Kumar talk to me one on one and don't refer in your messages to others wth reference of "D" company and loyal dogs of "D" Company. Be a man if you are a man here if your name is reflection and don't pimp around referring me in your messages to other authors posts.


One side your give gyan of Draupadi / Sita, Ramayana and Barnard Shaw read with Obama and great advanced nations and on the otherside when confronted you are pimping around nothing else which shows from your next messages. If copy and pasting wiki are done with then come face me on legal grounds. You may disagree and I may also disagree on various legal points that is besides the point but atleast show manly courage to face me one on one.

i alone is enough.

derling, are you male or female?

if you male, what are you doing there?

your company giving us new new mame.

i am enjoying your unrest

ha........ha........ha.................

you are mixing two thread matter.

however no problem to me.

from yr previous postings i understood you like and a follower of rss principles. i also like rss principles - but not blindly & not at every where.

what are you doing with the communist mr prabhakar?

do you believe in the principles of communism or the so called fudalism etc?

do  you believe in the so called Rama - kahani. written by mr prabhakar?

do you not feel a clash & crash on the principles of opposite directions?

Now answer me seriously on the above questions.

ofcourse if you have the appropriate answer.

ashutosh , a shikhandi (hijra ) cannot become a man by just putting a snap with big moustache. i know u posted this snap of urs just to prove the  fact. but truth is always the truth

this shikhandi is a pimp from gb road. reminds of

@ TA


If you want to challenge a reader then you may do it with social acceptable wordings not in such explecit way it looses the level of the forum.

The responsibility to maintain the level of the forum, is the responsibility of both the sides.

ARUN JI BEFORE MAKING UR OBSERVATION PLEASE GO THROUGH BELOW BY SHRI ASHUTOSH JI MAHARAJ

Yes, carry on your cry/noises Jackals, wolfs and Foxes. Nice rather Excellent work.  Keep it up.

 Henchman Arupuddin sheikh brother of Sohrabuddin Sheikh, “Sargana of Your “D” company has become ugly toothless Budda” , so u have taken his place and all of your loyal dogs, are not barking with  desired strength. Try to bring some more dogs to increase your strength. 

“Maza nahin aa raha”

Bark Mad Dogs Bark.

@Parbhakar (M) 9958670740 -  "In the complaint it has to be mentioned that during his RCR/divorce case pending proceedings  also,  the complainant tried for reunion and now she came to conclusion that he would not allow her to join and hence this complaint, with a last hope that this authority may prevail upon him for reunion and failing which, FIR may be lodged."

How would the complainant prove that she tried for reunion during RCR? What steps / efforts she took / made for saving the marriage? Let us clarify these points to the complainant also.

WHY DID SHE NOT FILE IT THEN? WAT IS LINK OF DIVORCE TO 498A. BOTH ARE SEPARATE ISSUES.