Abuse law to get even
wifebetrayed
(Querist) 22 March 2011
This query is : Resolved
thanks all the expert for their response. I really appreicate you taking you time out.
what i have learned from my experience and response here is that,
ask for dowry, abuse and beat your wife.
Instill fear in her mind. Because if you dont then also you are going to suffer under various law.
Despite loving my wife so much, i have facing so many charges which i cud not even dream off. It was better i had dominated her atleast i wud not be wondering why i am abused be law.
So abuse law to get even, because you wont get justic and dont expect it from court.
prashant pundhir
(Expert) 22 March 2011
This forum is to provide the legal help,and not for this type of useless discussions .What was the reason behind ,that compelled her to go up to such extenent,think about it . .In place of abusing law and the courts,think about the reason resposible for the amendment of 498a in ipc .You will find the same mentality of persons like you .The courts have there own way of working and also does not invites you to come and fight.Although now the misuse of 498a is in the view of law makers,and they are serious for the big changes in this section .You know who compelled them to think about this,again the court .SC realize that there is big misuse of this section and he direct to the law ministry .
Guest
(Expert) 22 March 2011
Dear Prashant,
You should not have been so furious with the person who seems to have suffered from the hands of law. Although his love for his wife may be one sided only, may not be from the wife's side, but it cannot be forgotten that the provision of section 498a are quite stringent and are mostly misuded by several persons including the police.
The police starts its atrocities even on the innocent persons. All other family members and near relatives, even if they are unaware of any such incident or difference between the husband and wife, or the wife and any of her in-laws, are taken to task, even may be living at very far of city. Even, if the complainant does not make a mention of other members, the police acts as a catalyst and while recording FIR makes the person to remember the names of the other relatives to get them included in the FIR. The whole family, including other relatives get devastated for life, finacially as well as reputation-wise.
If you seriously try to conduct an honest survey you would find that only 10 to 15% of such cases would be true while others would be totally false, but none gets spared. Nobody compensates any one of the innocents who would have suffered and would continue to suffer till the end of their lives. In the case of those innocents, the law becomes a source of injustice, rather than justice.
Please don't mind my reaction over your comments, as this drawback is really a matter to be thought very seriously and deeply.
Legal Fighter
(Expert) 22 March 2011
have faith in God, God gives natural Justice.
prashant pundhir
(Expert) 22 March 2011
Dear mr. Dhingra,
Lots of persons are fighting there cases in the courts,but it does not mean that they started to abuse the law and the courts.I agree that he suffered,but no one gave him the right to abuse the law and started to insulting the courts.I am again sorry,but the insult of the law and our honourable courts must not be tolerated also being court officers,the insult of courts,is our insult too .
Regards .
wifebetrayed
(Querist) 23 March 2011
hi prashant sir,
I am sorry if you thought i had intent of insulting court or court officer.
What i find is the procedure of getting justic is an abuse of law and it sprit.
Consider following point
1) Speedy justic denied since no scientfic manner of verification of truth.
2) Husband and his family can jailed without any tanigble evidence.
3) Before chargesheet is file, he is not allowed provide proof against flase complaint.
4) Multiple FIR under various law can be file for a single complaint by giving it various dimension.
5) No provision of combining all case into one, so it became easier to fight case.
6) Bail condition which make your life such that either you fight for truth or lose ur current job.
7)mainitence can be applied even if it not fault of husband.
8) Burden of proof intitally not on wife, non bailable fir can be issue just based on complaint.
9)Even if there audio recording, court would not send for foresnic vaildation for matrimonal case. so no use of audio or video recording.
10) Some lawyer and police encourage wife to file flase case.
11) No time life for filing challan after intal fir, so husband and his wife would live under constant presure and threat.
12) No time limit after seperation in which fir under 498a and dv can be filed. even if wife is not with husband for 1 year, she can file fir.
13) No penlaty for flase FIR and compensation for husband for mental, physical and monetory loss
for this reason i feel procedure of law is greatest abuser of sprit of LAW.
Once again, i am sorry if you felt offended by what i wrote earlier.
Getting punish for something u did wrong does not cause that much pain as pain cause due getting punished for doing nothing.
M V Gupta
(Expert) 23 March 2011
undoubtedly there is more abuse than proper use of the Sec.498A. The various greivances pointed out by the Author are already voiced in several articles appearing in the News papers.Let us hope the law makers will do the needful. Forums like this, if taken note of by the Authorities concerned should result in a speedy reveiew of the provisions of Sec 498A.
indrajit mukhopadhyay
(Expert) 23 March 2011
Mr Prasanat
how many actual 498A you've seen during your practice tenure?
When a 498A is filed against a man ,don't accept that the allegation of wife is the sermon of Jesus. Just go through the recent decisions of sc and in almost the 90percent cases are opined to be false and misuse of sec498A. This is not my views,they are all views of sc.
Yes I agree with you that no body should complain about the process of law and insulting the court is also insult to us and the same can not be tolerated. But don't forget all the people, except lawyer and judges, are not aware of the process of law. So please don't be so excited and furious, get patients. I'm not advising you, don't take it otherwise, and this is my friendly opinion.
prashant pundhir
(Expert) 24 March 2011
Respected Forum Members,
I am agreed that there is a big misuse of sec.498a ipc,but also in every criminal case,there are two sides,one is prosecution and the other is defence .It can not always be said that the prosecution is innocent and defendent is offender .Even then,they faces the trial without abusing the law and the courts .
As far as the misuse is concern,there is very big misuse of the lot of laws e.g.sc/st atrocity act,sec 156(3)cr.p.c., sec.107/116,sec151 cr.p.c.,138n.i.act and lots more .It does not means that person started to abuse the law and our honourable courts .
Again it is the court who took the first initiative on the misuse of 498a,and only after that the ministry of law decide to make adequate changes in this section like to make it compoundable and bailable and perhaps non-cognizable too .
You all learned people know that when this sec. was added to the ipc through amendment,that time the Dowry was a curse to our civilisation.Although it is not completely removed even today even then,gave a big relief to the women and helped to improve there married life .As strongly we males are opposing 498a due to it's misuse, why not to the misuse of others,as persons are suffering from there misuse too.
