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S.B _Kolkata (Service)     24 March 2010

misuse the provisions of Sec 498A of the IPC.

 

 

 

We must look into why people misuse the provisions of Sec 498A of the IPC.

 

• Legal Extortion – Get-rich-quick-scheme to extort large amounts of money

• Prior Relationship – Wife has a prior relationship, and cannot get out of it. She marries to satisfy her parents, and then misuses the 498a law in order to obtain a divorce.

• Adultery – Women who indulge in adultery use 498a as a bargaining tool

• Domination – Wife wants the husband to abandon his parents and siblings, and have total control over his finances and social behaviour

• Custody - Deny the father and his family access to their child(ren).

• Fraudulent Marriages - in which the bride (and her family) hides her education level or mental health; and when is justifiably asked to release the person who has gone into marriage without knowing the full facts; she files a false 498a case.

The kind of women who are likely to file false 498A cases have certain typical traits :

• Who is suffering from pre-existing mental problems such as Borderline Personality Disorder, Bipolar Disorder, Schizophrenia, etc.,

• Whose family is nouveau riche and likes ostentatious display of wealth, possessions as well as social and political connections

• Who is used to living beyond her means

• Whose father is hen-pecked and whose mother dominates all family situations

• Who listens to and acts in accordance with her parents’ wishes at all times, exhibiting a lack of individuality and discretion in dealing with her married life

• Who pushes for quick involvement during the establishment of a marriage alliance, pressing the man and his family for an instantaneous commitment

• Who is excessively possessive and suspicious

• Who is self-centred and feels the need to dominate the relationship and every aspect of decision making

• Who tries to alienate her husband from his family and friends

• Who is hypersensitive and therefore easily insulted

• Who indulges in verbal abuse and constant criticism of her husband and in-laws

• Who uses blackmail (emotional or otherwise) and threats to get her unreasonable demands fulfilled by her husband and in-laws

• Who walks out on her husband following an argument and stays away from her husband indefinitely without any effort towards reconciliation

 

 



Learning

 20 Replies

Gundlapallis (Advocate)     25 March 2010

What ever be the reasons.....  this is how the poor husband is posed against his wife who decides to weild her 'ill - legal' power against him !!

S.B _Kolkata (Service)     25 March 2010

Nice picture

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     26 March 2010

reality show by mr gundlapallis

1 Like

Victim_Kol (Middle Executive)     26 March 2010

Everyone of us know the "behind the scene" of great 498A. But how to stop it ?

How to get these women know what happens after the arrest and bail part is over !

S.B _Kolkata (Service)     26 March 2010

she become a 498a wife along with her kid(if any). No one will marry her again. She will have to stay as a burden of her old parents same as a imprisonment. And moreover she will loose her carrier badly.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     26 March 2010

My simpthy is with all such husbands torutured by wifes but

plz also see the other side of coin, i have deal such a cases where wifes are so much harassed that even they cannot even face their husband due to fear and husband are so much cruel even they try to kill the wife to get another girl for the sake of dowry.

So the idea behind 498A is to reform the society and not to press the husband but if husband are on right track then even police did not register any FIR and if registered or complaint filed then they easily slip away from the clutches of this act coz they are genuine.

We save lots of husnads also and help the poor laidies also. So every act has its own impact on every person.

Like in death sentence, for the society it is cure but for the person sentenced, it is just like murder which is honoured.

So in this society be broad mind and be expert to deal such cases.

Good luck

adv.kamal.grover@gmail.com

Victim_Kol (Middle Executive)     27 March 2010

Kamalji,

 

What u have said is true. But when we were young, all of us had read an idiom, "look before you leap".

So if anyone leaps without thinking about their own future, then why should others worry about it ! Previously when peoplw were so called less literate, society was less modern, how many of us had listened of divorce, seperation etc etc.

Can anyone tell me how many dowry deaths or divorce or seperations u have heard about in your own relative circle, when you were young ?

Hope u won't take my comments too much personal.

S.B _Kolkata (Service)     27 March 2010

We must stop the misuse of dowry law as well as prevent the innocent women by this law.

nidhi kalia (lawyer)     27 March 2010

i agree with the views of  Raj Kumar choudhary 

Suryanarayana Tangirala (Advocate)     27 March 2010

Family counselling centers should be set up and it should be made mandatory to approach Counsellor/Counselling center before approching court of Law for Matrimonial Dipsutes.In so for cases U/Section 498-A  amendments should be made like incorporating punshiment for filing false complaint rather than forcing husband to file another case , Preliminary enquiry should be made mandatory before arresting the accused.I am not for scraping off S.498-A bcoz of illteracy and socio economic conditions of our country.
 

Victim_Kol (Middle Executive)     27 March 2010

Originally posted by :Suryanarayana Tangirala
"
Family counselling centers should be set up and it should be made mandatory to approach Counsellor/Counselling center before approching court of Law for Matrimonial Dipsutes.In so for cases U/Section 498-A  amendments should be made like incorporating punshiment for filing false complaint rather than forcing husband to file another case , Preliminary enquiry should be made mandatory before arresting the accused.I am not for scraping off S.498-A bcoz of illteracy and socio economic conditions of our country.
 
"

In answer to this I am just putting my own case. I came to know that my wife had been to the P.S. where we used stay (my work place away from my Hometown) but she couldnot lodge a complaint right at that time due to some reason or other.

I personally went ot the P.S. and met the Officer. The Officer gave me a friendly ear and listened to me carefuly. After that he realised the problem and right in fornt me he called up my wife, then staying at her parents home. He told her about the after effects of the FIR. He even said that once I get away from hands of Police, my first and foremost aim will be to harras her legally, which she will not be able to escape. And moreover she will never be able to come back to me as after filing a false FIR, there is no question of reconciliations. He even as asked her to contact with me and both of us should meet him. He will try to solve the misunderstandings.

My beloved wife didn't give him a ear. She understood that she will not be able to lodge FIR at that P.S. any more. So she came to my parental city and lodged the FIR at my local P.S.

 

Now Suryanarayan ji u tell me if a wife determines that she will put up a FIR, who will make her understand the aftermaths.

So let those stray dogs bark at us, we will just have to vaccinate ourselves so that we don't get infected by their venom.

Victim_Kol (Middle Executive)     27 March 2010

Even I have seen a lawyer who tried in vain to make a girl client of him understand the after effects of 498a. I heard him to say that, if the husband is really guilty, it is very difficult to prove in the court and there is a little chance to get him convicted.

But in reality the girl's life and social prestige will be hampered as everyone even her relatives will abandon her in future.

 

And after a long session of counciling with the girl, the lawyer gave up and handed her over a FIR format to put it to the P.S.

S.B _Kolkata (Service)     27 March 2010

I go with Mr. Victim_Kol

Suryanarayana Tangirala (Advocate)     28 March 2010

I agree with you Mr.victim_kol but i think u did not follow the second part of my reply!!what abt genuine cases?who is going to protect???i too agree it is most abused provision of law


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