Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arup (UNEMPLOYED)     05 September 2010

WHAT ABOUT THE FORGOTTEN MOTHER SISTER WHO FACE FALSE 498A.

"Women are out internal strength, half of the population. Those who have brought us with love, how can we be so rude to them. How can we neglect their contribution."          -  BY ONE LEARNED MEMBER. 

 

- WHAT ABOUT THE FORGOTTEN MOTHERS AND SISTERS WHO FACE FALSE 498A?



Learning

 4 Replies


(Guest)

Laws are wife-biased you can say, but against mil and sil who are roped in mostly without any fault.

1 Like

N.K.Assumi (Advocate)     05 September 2010

If you think that grave injustice has been done with false case you can approach the High court, even if there is no case of rectifying an error, as under Article 226 of the Constitution,  the High Court can exercise its plenary power to do complete justice  as per the  decision of the Apex Court in Secretary, O.N.G.C. Ltd. And another v. V.U. Warrier [(2005) 5 SCC 245] that jurisdiction of the High Court under Article 226 is equitable and discretionary and it can exercise this power to reach injustice wherever it is found. Even if the Writ Petition is filed under Article 226 of the Constitution of India it can be  treated to be as  one under Article 227 of the Constitution of India and Section 482 Cr.P.C. in view of the Apex Court's decision in Pepsi Food's case as referred to above. Section 498A is misused very often against the husband and others and High Court should not hesitate to exercise its plenary power once it is proved that the case is smacked with vengeance and harassment. We can not just sit and allow the wife to take the husband for a ride with 498A IPC.

1 Like

N.K.Assumi (Advocate)     05 September 2010

Please read as the Hon'ble Supreme Court held in 'Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others [(1998)5 SCC 749]'

Arup (UNEMPLOYED)     05 September 2010

THANKS A LOT FOR YOUR KIND INFORMATION AND AUTHORATIVE DISCUSSION.

CONSTITUTION GAVE INHERENT POWER VIDE ART 226 & SEC482 CRPC.

SC ENJOYS SOME EXTRA ORDINARY POWER U/A 144.

ARE THEY COMPARABLE?

THANKS AGAIN.

.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register