Fate of both spouses:: '498a without merits' vs 'false 498a'

Prabhakar,

Picking your last para from above reply and I quote "The investigation team and prosecution simply failed to discharge their responsibility of proving the charge "beyond reasonable doubt".  By convicting the accused, police and prosecution cannot get any promotion.  But in acquittal, the investigation team and prosecution earn with both hands. "


First  "The investigation team and  prosecution simply failed to discharge their responsibility of proving the charge "beyond reasonable doubt"."

1. So you mean to say that IO and APP are incompetent in India!

Second “By convicting the accused, police and prosecution cannot get any promotion."

1. Is it anywhere mentioned in Service Rules that with conviction IO and or APP will be getting promotions otherwise they will retire in same position where they were!


Third  "But in acquittal, the investigation team and prosecution earn with both hands. "

1. Here you are hinting on bribery / corruption is it not so that in 98% acquittals the IO’s and APP’s involved were hand in glove with Accused!

So if that is the admitted stand of yours then why even file S. 498a IPC in the first place even with your above version of TRUTH (true statements should be given to IO etc. I mean as you say na ki each complainant should only state truth and nothing else in her complaints and if complaint is found to be false like in Swastika case hinted by you in a separate thread then complainant like Swastika should be tried for perjury and nothing else)


See this is the duality in Advocates; means you are so one track in wife (client) centric passion that painfully you admit not to admit that S. 498a IPC is more or less false in majority of cases due to above 1 - 3 but being Advocate how can a Advocate admit the TRUTH publicly is the mute point here!

I agree with Mr Prabhakar ji and highly appreciate his comments

If percentage of acquittal cannot be a barometer to find out the usefulness of the law, still it is a deterent...............DV, DP, 498a in as-is-condition is still very effective as a deterrent from preventive perspective, and not yet adequate and not yet tightened to plug loop holes (which are not in those law but in the 'procedural/systemic' and 'adjudication' parts) and not yet simplified from the remedial perspective in the interests of women and the weaker sections in the domestic relations.

if prosecution, police etc etc come in picture and essentially drive the case after wife lodges complaints under 498a, dv etc case, why wife is held as culprit if she is not able to prove her plea merely due to lack of evidence?

Is it not unfair to women who's '498a, DV aquitted husbands' get the a ground for applying for divorce i.e. 'logding a false complaint against husband is cruelty'?

How to defend the wife's side if husband is taking this pretext to file for divorce after winning against 498a, dv cases?

The hon. Judge has explicitly made comments that 'there are no merits vide lack of material evidence'. Also It doesn't explicitly say however that plaintiff had maliciously lodged such complaints or approached judiciary/police with unclean hand with avengeful motives etc etc

INJUSTICE TO FEMALES STILL EXISTS , BUT FALSE 498A CASES HAVE OVERSHADOWED EVEN REAL 498A . REASON BEING WHEN A LADY SEES NO CHANCE OF WINNING DIVORCE CASE SHE FILES 498A TO INSULT MALE SIDE. AND WRONGLY THINKING THAT A FALSE 498A WILL NOT BRING ANY repercussions on her. IPC has provisions to take care of these false 498a well . only thing is willingness and stamina of  male side to teach false 498a a lesson. rather than repeal of 498a instructions shud be passed by home ministry to all law enforcement agencies the evidence which shud be required before booking a FIR in 498a and punishing gulity police officers who apply wrong sections without giving a thought . this is the best treatment.

many a times IO are so idiots they apply criminal sections in civil acses . their main aim is to extract money for removal of false sections.

i m a sufferer and i know how these false 498a cases have harmed the cause of real 498a cases. false 498a shud be punished with perjury and other sections as adv by adv prabahakar.

but to it also applies only those false 498a shud be punished where it is proved beyond a reasonable degree of doubt that law was misused only to harass, and not because there was insufficient evidence against male.

even 2% of false 498a ladies getting convicted will deter false cases being registered in future.

now a sensible reply by dabangg lady.......

Dear Dabangg Lady,issueless, fair, 5'4" Beautyful,

thanks....You better  know know how these false 498a cases have harmed the cause of real 498a cases. false 498a shud be punished with perjury and other sections as adv by adv prabahakar.

If all of the women living in india follows this type of a thinking ,then a real victim of 498a can get a justice in a better way.