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stanley (Freedom)     24 November 2012

Phew just a fine of Rs 15, 000 would not prove as a detterent . The penalty has to be raised to around  10 lacs than only will it work as a detterent and 498A or a DV case runs for almost say round about 5- 7 yrs . Secondly i dont understand a cooling period of 30 days for a DV Case as there are no arrests in a DV case .

victim (master)     24 November 2012

actually cooling period is for 498a according to law comissions suggestions in report submitted in aug 2012.

Tajobsindia (Senior Partner )     25 November 2012

Ideally there should be penal provision of sending on remand for 24 hrs. simple jail term along with fine in terms of performing social work (labor) in any social institution of respective spouse choice for continous 5 working days which is to be awarded to either spouse who commits perjury in any matrimonial matter in India, no doubt existing provisions, such as S,182, 211 of IPC and S,250 of Cr.PC can take care of malicious accusations etc, apart from S. 358 Cr.P.C. but it should be publicised more to general public that such provisions do exists to take recourse of to punish women who file complaints for extraneous reasons. These can be implement in rural as well as metro India.
Reasoning:
India is land of Bapu (ahimsa) and the moment you propose softer carrot to Legislatures (they are the once who are going to pass the Amendment and not Hon’ble SC) of above soft relief’s proposals they may understand better otherwise there will always be obstructions in the name of women are abalas and rut of Indian society is a predominant patriarchal society will start as a bigger than Goliath and David debate nationwide. Here they will reject saying 15 K is too much for rural abalas whereas majority of such complaints are by metro class who ask that much as litigation fees if one studies pan India complaints wordings forget here what they next demand as their maintenance birth rights
J

1 Like

Samuel (CEO)     25 November 2012

Good one! still not clear on cooling period

victim (master)     25 November 2012

@Tajobsindia  Sir please guide us about the effectiveness or importance of suggestions or recomendations of such reports to government. I had gone through the 85 pager Law commision of India's  report no.243 on IPC sec 498A released in august 2012. In that report few judgements from Hon. High courts are there which recomend proper investigation and considerable attempts of reconcilation before filing FIR in cases except in cases where IO feels strong evidences are there like wounds/injuries on girl's body or other material evidence. What i understand is they are just recomendations and not strict final orders from any court or government. now in such situation how to get some benifit of this report. Please guide us.Thanks in advance.

Regards

victim


 

Deepak Saini (MIS Executive)     26 November 2012

it is not enough money for fine in false 498 A. It must be 5lakhs more than that, and also Imprisonment more than 1yrs for girl and her family.

ANAMIKA VICHARE (LAWYER)     27 November 2012

I agree with Rajiv Saini... But I feel there should be imprisonment of at least 2 years so as to deter such women making financial, mental, physical loss to husbands and in-laws... In many of the 498A cases, due to unwarranted arrests, deaths of in-laws have accelerated......Purush Hakka Saurakshan Samitee Adv Anamika Vichare, Family Court Lawyer, Bandra, Thane, Hig Court, Sessions Court MM Courts  anamika_vichare@rediffmail.com


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