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help.me.with.divorce (manager)     08 November 2011

What does this mean (see message)- ammendments in 498a?

"Smt. Tirath stated that for preventing the misuse of Section 498A of IPC, Government has issued an Advisory to all the State Governments and Union Territory Administrations on 20th October, 2009. They have been advised to comply with the procedures laid down by the Hon’ble Supreme Court and that in cases of matrimonial disputes, the first recourse should be to effect conciliation and mediation between the warring spouses and their families. The recourse to filing charges under Section 498A IPC may be resorted to where such conciliation fails and where there appears a prima facie case under Section 498A and other laws."

 

Does it mean the police will first pre-examine the situation before filing a FIR for 498a?



Learning

 4 Replies

pratik (self working)     08 November 2011

No as police doesn't have the rights to go for the conciliation and mediation but other people are there organised by the court they take the conciliation and mediation session.

 

As i also want more info about the conciliation and mediation so can any jusrist give the case law to understand it more.

 

Thanks.


(Guest)

this advisory no one follows,...

Mohammed Ali Sheriff (Engineer)     10 November 2011

During conciliation or mediation real facts are discussing between clients before the court appointed person. Details of this process are never recorded or reported before the court. If this effort fails the court will continue to hear the case as per petition and counter where most of allegations are aflse. If the full report of Conciliation or mediation comes before the court there would be legal harmony in both sides.  

Shivaji Rao (worker)     10 November 2011

can court take any action against people misusing 498a? if so, how


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