My understanding of 498a & DV act
Please correct me wherever I am wrong.
Procedure of 498a :
1) Complaint is filed by wife at CAW cell.
2) CAW cell '‘requests'’ husband + in laws & hands over a copy of written complaint of wife.
3) Husband is not legally bound to attend.
4) Husband side files their answer to the complaint.
5) Mediation efforts are done by CAW cell. (both the sides are given a chance to reconcile.)
6) If mediation fails & sufficient substance is found in wife’s complaint, FIR is filed.
7) Unending WAR starts.
Not all but a considerable number of wives are subjected to cruelty.
Shouldn’t such wives resort to the said provision, after they have made sufficient efforts for changing the attitude of torturing husband and in laws ??
Resorting to 498a first gives a chance to wife & husband to settle the dispute amicably.
For the wife, whose husband & in laws are not ready to change their tyrannous behavior at home, CAW cell offers mediation.
So dispute can be resolved with the help of 498a. Can this be called a misuse of 498a ??
If a wife, aggrieved by husbands cruelty properly resorts to 498a can it be called misuse ??
Same is true with DV.
DV offers civil relifs to wife if she is driven out of house or is not provided for her basic needs.
If such a aggrieved wife properly resorts to DV, will that be called misuse ??
WHY MOST OF MAJORITY ASSERTS THAT THE SAID LAWS CAN ONLY BE MISUSED AND NOT JUST PROPERLY USED ??