@Sonu,
Even without asking if she filed 489a on genuine grounds, you are advising her not to withdraw 489a and use it to force husband for divorce. As a law office, you are very well aware of the misuse of 498a & DV act, and even supreme court has asked the goerment for amendment. Now a days, in most of the cases, 498a & DV are just tools to force husband either to accept her unfare demands.... only a few are genuine ones...thats why the conviction rates are too low. The so called law officers take bribe and help the girls to file false cases, and in such cases we need valuable advices from legal experts like @Tajobsindia to defend ourselves...
As a law officer I know how many are false 498-A cases and how many are genuine cases. I also know how many husbands after getting out of jail kneel down before the wife and beg her for compromise instead of fighting the socalled (according to them) fabricated case. I also know the other side of some of the husbands, who perpetrate the cruelty on the wife and once she knocks the court runs just like a headless chicken. Every one on this forum comes with a plea that a false case is filed against him and on the next day turn and abuse the women contributing on this forum. if men need advice, women also need advice and they do not need advice from those persons who give biased advises for men and stand for men's rights.
every criminal case has got less conviction rate. either it is S.302, S. 306, S.354, S.376, S.420, S.468, S.471 or even S.138 of negotiable instruments Act. since independence no politician is convicted for bribery. Are our politicians are honest? All the cases filed against them are fabricated? They also say the same thing that their political opponents fabricated false cases against them. so do not teach me about conviction rate. once section 498-A is filed husband runs to high court for quashing of the FIR and before the court, instead of asking for quashing of the FIR starts to weep "mylord, direct her to go for compromise in mediation, i am ready to pay back stridhan (other name of dowry), i am ready to pay alimony". once compromise is reached comes out and shouts that section 498-A is a false case. this case will be put under the category of unconvicted case. if it is a false case, why do not they fight?
supreme court said about misuse of section 498-A in one or two cases, but also said in several cases how some indian husbands mentally and physically harass their wives and put them in flames. if there is any doubt read section 304-B cases read with section 498-A cases and Section 306 cases. in every year, about 50 to 60 cases are being decided by the supreme court and in most of the cases exhorting the recalcitrant husbands to behave properly. Recently justice Katju said about such husbands - hang them till death.
come to section 498-A amendments. Law commission of India took the matter at the behest of supreme court and gave its report. read it thoroughly. it refused to recommend the abolition of that section.
if you are in the need of taking legal advice, you take it from any one. do not insult the other people (especially women), just like Rakhi, who come on this forum seeking advice. they have got a right to get legal advice. Not the moral preachings from the so called experts.
My criticism is only and only against those husbands who commit mental and physical harassment against their wives. 98 per cent of indian men and women are very decent and they enjoy a very happy married life.
