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Troubled Soul (XYZ)     28 July 2010

Newspaper article regarding Stopping misuse of 498a

There was an article in Marathi daily named Sakal on 24th July 2010. The article was titled.."There wont be a direct arrest..Misuse of Domestic violence act (498a) will be stopped".

The article states that, the home ministry has come to know about misuse of the 498a. Hene, acting upon supreme court's citations, the home ministry has issued instructions to police that they shouldnt make an immediate arrest. The instructions are as follows:

1. After receiving the complaint, the police first has to arrange counselling of both the parties. If no amicable settlement is made then depending on the merits legal action is to be taken.

2. After receiving the complaint, no immediate arrest has to be made. Arrest to be made on merits only after preliminary enquiry

3. Women cell to be organized. These complaints should be routed through this women cells.

Attached is the paper cutting pdf.

I would like to know what is new in this? Arent these directives allready in place? Still we see immediate and arbitary arrests made? Could some one please clarify the validity of this article and relavance to the present day situation? Also why the article is titled as domestic violence and reference to 498a is given?



Learning

 16 Replies


(Guest)

A good que.

1. The thing NEW in this is that it is commendable efforts of Dr. Sandeep from Mumbai to educate the Police DGP which payed way after a long struggle by dozens of activists in Maharashtra to get "issued on 29th. May 2010 a CIRCULAR on arbitary arrest" and before this Police had an excuse to arrest on prime facie statement of srimati ji

Circular in short states: "Guidelines issued by Maharashtra Government / DGP to all Police station in Maharashtra on Directions from Home Ministry, Central Government, regarding arrest of accused in the family dispute cases registered under section 498A of Indian Penal code, 1860" If you want I can PM you the original Circular, for that send me your email ID.


2. The CIRCULAR also means Law there now so to speak in Maharashtra State from arbitary arrest and general public is supposed to take a print out of this Circular and paste it behind their main front door. When a police party comes at 6 AM to arrest you and your old parents including 4 months old new born child and your dog even etc etc show the police party this circular.(Kindly note you here is generic and not meant for your kindself)


3. The CIRCULAR pays way for implementation by general public now. This is what this circular means a lot Sir.

Rgds.

1 Like

krishna ballav prasad (official language officer)     08 July 2011

Sir, I am also a victim of misuse of 498A.Kindly mail me the CIRCULAR you are talking about so that i am informed myself and can guide people who are in need.

Thanks

krishna ballav prasad (official language officer)     08 July 2011

My E-Mail ID is sandeepniftian2002@gmail.com

Shashi Kiran (Self)     19 July 2011

Is there a similar circular for the Karnataka state;  Can these be uploded for the benifit of community

gautam (engg)     19 July 2011

Dear Arun Kumar Sir,

Please also mail me the circular on my mail id

kamble.gtm@gmail.com

 

Thanks

Ajay (Officer)     06 August 2011

Dear Sir,

Are these Guidelines also applicable in UP.I equest you to kindly send a copy of Circular at pratag@yahoo.com.

Pls. I may get a torture under 498a any day,since i hv sent a legal notice to my wife recently in July end.

 

Regards

Hari Prasad (service)     28 December 2011

Dear Experts,

I had file divorse in 2008 from my wife under cruality after 15 years of marriage, I have a son aged 17 years and in retatiation my file 498A for domestic viloence and dowry and sent me to jail.

My son is staying with me for the last 3 years and I am taking care of him singly since then and she has no contact with my son.

Now the family court have dismissed my divorse petition and granted 20,000.00 as maintenance to my wife.

My question is

1.Can the court grant maintenence When my divorse is dismissed.

2.I have read in this forum that SC has given direction that any wife who files 498A should be give divorse,then howcome my petition is dismissed.

3.Can  she come back and claim to stay with me.

4.What is the guaranttee that she will not once again file false 498A against me.

I request the forum to please sugesst remedial action for me,

Regards

Nandha (NIL)     28 December 2011

Does this circular is effective only in Maharashtra? Is there any such circular for Tamil Nadu?

dr.pawan rajyan (member and secretory)     28 December 2011

BESIDES MAHARASTRA,DELHI HIGH COURT ALSO HAVE  SIMILAR ORDERS.NOT IN UP/UTRAKHAND.REGARDS

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 December 2011

Even TN HC has given detail instructions in this regard, but sadly they are flouted.

 


Regards,
 
Shonee Kapoor
2 Like

Suhas Chougule (Director)     30 January 2012

Sir,

Cam I get the copy of this circular. Pl mail me in PDF format to my e-mil ID - suhas_chgl@hotmail.com

Thanks

Suhas Chougule

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

get the same by writing to me at my email ID

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

i m sufferer (govt.)     04 May 2012

sir

please email me the copy of circular. my email id is suvo135@rediff.com.thank you

bhuvan deep gupta (doctor)     05 May 2012

dr arun please mail me this circular at bhuvandentist@gmail.com. is there any directions for UP also.


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