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(Guest)

High court alert on 498a

 

High court alert on 498A

  

https://www.telegraphindia.com/1130126/jsp/calcutta/story_16485664.jsp

  

The high court on Thursday observed that some women were abusing IPC Section 498A to harass those the clause aims to protect them from — husbands and in-laws.

Justice K.S. Ahluwalia made the observation while quashing criminal charges against Mita Bhaduri and her husband Tapan, who were fearing arrest in connection with a case under section 498A (cruelty by husband or relatives of husband) lodged by her sister-in-law Maumita Maitra.

“The proceedings against the petitioners (Mita and Tapan) will be an abuse of the process of law. The FIR, along with all proceedings against the petitioners, is quashed,” Justice Ahluwalia said in his three-page order.

Quoting a Supreme Court ruling, Justice Ahluwalia said: “The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating all immediate relations is also not uncommon. The courts have to be extremely careful and cautious while dealing with these complaints and must take pragmatic matrimonial cases.”

Legal experts in the city welcomed Justice Ahluwalia’s view, which they said had highlighted the tendency of a section of women and their family members to misuse article 498A and lodge false complaints against in-laws.

“If a woman lodges a complaint of torture against her husband or any of her in-laws within seven years of marriage, police will have to arrest the accused first. No investigation is needed to arrest the accused or family members. Many women misuse the law to falsely implicate their husbands and in-laws,” said lawyer and former mayor Bikash Ranjan Bhattacharyya.

Maumita, a resident of Khardah, on the northern fringes of the city, had married Atanu in December 2002. The couple, who had been living at Atanu’s house in Sodepur, have two daughters — Arunima, 7, and Archisha, 5.

In December 2012, Maumita had lodged a complaint of torture against her husband, sister-in-law Mita and her husband Tapan.

Mita and Tapan — the couple got married in 1983 — live at Sinthee, around 12km from Atanu’s house. They moved a petition in the high court, seeking quashing of the proceedings against them.

The couple’s lawyer Debabrata Chatterjee submitted: “Maumita had complained that she had been regularly subjected to mental and physical torture by my clients. Is it possible? Mita and her husband have their own family. Why will they go to Sodepur regularly and torture Maumita?”

The judge observed: “It’s a fact that Mita and Tapan lived far way from the complainant’s house. The sister, who got married 19 years before her brother’s wedding, had nothing to do with the brother’s matrimonial affairs.”



Learning

 8 Replies

stanley (Freedom)     29 January 2013

Majority of the cases are false 

Aneesh Trivedi (Advocate)     29 January 2013

Yes majority of cases are flase but what we can do ?

we are shouting. showing our anger by posts and blogs but nothing happening.

so the man form hydrabad was real hero salute to him who killed all five six members of wife side to teach them a lesson .

so if a person get more irritated the he has to take such step or just simple kill sachin tendulkar, lata mangeshkar and give message then only judiciary will wake{ this line of action adopted by Bhaghat singh who blast bomb in assembly to open the eyes of people}

now people will notice when something extral like this will happen,


(Guest)

In many cases Incompatibility and natureof couple leads to daily fights with each other. This is given color of cruelty for dowry by polcie, the woman and her supporters. Most often it is saas Vs Bahu. Women arebiggest enemies of Women. Thou our Forum Janshakti is committed to women and child empowerment, this cannot be called empowerment. Revenge and abuse of law is many times seen in case of section 498A/406/120B.

 

But largeloy this is important legislation and couyrts should not poke their nose at investigation statge. In India it has become habit of highercourts to give sermons while their own working is far from desirbale. High couyrts are biggest friends of crminals indirectly . How, trials are normally overin 4-5 eyars period. But high courts almost regulalry admit everu appeal give bail and then sleep on file for decades. This is cruelty by high courts. Take case of any celebrity or rich people. Once appeal goes in high court which is routinely admitted convicts go scot free and keep repating criems with impugnity. I think it is time for High courts to introspect and stop giving lectures. They should put their own hosues in Order. Despite huge salaries ,perks and facilities given many high court judges have been fpound to be indulging in corruption ,bribes and  unauthorised spening public money

 

Courts should n ot put their leg in polcie investigations. Polcie must be left alone and let them do their job ofcourse within norms of human rights .I would aks honourabole judges to try and solve one case and get information extracted from seasoned crminals by putting behind them UN Human rights charter. It is easy to make bigh talks in AC chambers.

 

Thereare seberal crimes going on in Indian homes and these areeven more in rural jhomes. Rape of minor relatives, promiscuity and extramarital s*x, alienation of proeprty from female heirs, physical violence, teasing, abusing words by saas and elderly ladies.......... treating girls inferior to boys, honor killing and so on.next come children

 

So let us leave police alone and let them investigate.

Police should be made autonomous  with DGP of state reporting to Governor through a 7 member panel of experts and eminet socila workrs from state with one member from government and one retired judge and police officer in that panel.

Sarmmarmbb (goi)     05 October 2015

Respected all,

i strongly feel it is only the political lobby is competent enough which can modify the biased 498a law.

I walk alone (Asst Manager)     05 October 2015

Hello Dr. Rajendra,

With due respect to your experience & views, I would like to differ a bit.

No-Offence to the Police, some of them are great, but, as like 498A actual conviction as little as 7-8% nationally, I feel, 7-8% police are truthful to their job, duties and responsibilities. At least, when a question comes to handle a 498A case. I know you're elder enough to cite many such examples of your views, but, it doesnt matter to those (what your experience & views are) who have actually faced or facing the heat of it.

So, pls understand, No-police can be left alone to do their investigations on their own will and wish & procedure.

And ur views about these rural incidents, well, the police are bribed there too (I guess ur also aware of it, isnt it?)


(Guest)

Lawyers are in a very responsible position than anybody else, first they dont do proper counselling of people who come to them, then they should look into matter and see if there is a case, then suggest suitably.

 

Nobody seems to follow all that, simply sit, see each peron as one ATM machine, date date ask money, for litigants in matrimony cases, nothing much will happen and everything goes slow, and litigants want something to be done, idle mind evil mind, keep asking stupid things to lawyer, lawyer suggest we put that case this case, anyway lawyer knows, once matter in court,  nobody want to reconcile, when boat has few holes in bottom and is drowning, what if some more holes make in boat bottom, so file that case this case, ask money on date date, each case different fees, go high cout, new lawyer---->>> new feees-----> case lost? Go sessions court, go HC, go SC, each time new lawyer, new fees.  Litigant pay pay pay money, to lawyer, male litigant pay to wife also, ie allimoney.. wife pay same allimoney to her lawyer as fees... and SC give one statement like above. thats all.. Sad  state of affairs in judiciary.  Laws need be amended, new laws be made, which are equal to all. Jai Hind.

I walk alone (Asst Manager)     06 October 2015

Gran Prakash Ji, exactly thats my point. We tend to blame police, advocates, judges, & other related bodies in a system, but the actual problem is elsewhere. The law system in India are quite old and many corrections are required. We, the present generation are facing this heat and if it doesnt change, our future generation will suffer. In order to give them the better future, many changes are required.  Starting from today. We can not live in the past which are situational.


(Guest)

All litigants should read code of conduct for advocates prescribed by Bar Council of India and also attched to the advocates Act.

The code of conduct is very stringent. But some lawyers in greed and those with dubious background who managed to gain entry in this legal profession have polluted the noble profession. But litigant atleast those educated should know their rights and the court procedures. It is easy and can be checked on internet.

Some of the misconducts of some lawyesr: Charging arbitrary fees and extra money in name of court expenses. There are no expenses in court. The clerical charges are in few hundreds only, including typing and copying.

Moving out of case after taking fee

Not attending court on the date

Making excuses and takign adjournments though CPC was amended to allow maximum 3 adjournments.

Some corrupt elements try to influence judges and spoil court name to make fast bucks

Some corrupt elements even hobnob with opposite party 

Docuements are misplaced and even file is not properly read

In many of above incidents litgant can file police complaint.

Otherwise you can file complaint with State Bar council(Avoid local associaition)

You can attend court yourself if your ;lawyer does not turn up ona date and deduct money from his fee.

In name of natural justice higher courts admit every appeal. High courts are biggest culprits in delay as they give bail admit appeal and sit on file for decades.

The whole legal system has to be refromed and litigants should exercise their right and do research.

Unless you all start coimplaining nothing is going to change. Why you wait for some one else to do this for you?

A good lawyer for average case should not charge more than 5000-12000/ rupees for district court trial level.

Our government should expand judiciary and make time limits for all cases.

It is time  for overhaul

In present form we can call only as LOLLIPOP Justice of india  where no justice comes. Only money is spent continuously. It is such a shame for a democratic sovereign society.

 

 

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