First appellant has further stated that he has been living separately even prior to the marriage of Chandrahas and that he has his own food prepared. There is a total absence of allegations for offences punishable under Section 498A and Section 406 of I. The High Court took the view that there was nothing wrong in these demands as money was needed by the husband for his personal use and in such a case wife should extend help. Rejecting these arguments the court held section 498-A constitutional. Since the onus of proving innocence rests on the person against whom the case is filed unlike other laws where a person is considered innocent unless proven guilty , it is often misused by women. Conclusion It is very essential to protect a woman in the patriarchal system, but it does not mean that justice is only meant for women.
Many a hapless husbands and in laws have become victims of their vengeful daughter-in-laws. An application was filed by the wife for quashing the proceedings under section 498-A filed by her earlier. The custodial interrogation means interrogation by the Police after arresting the person concerned. The narrow or perhaps almost negligible study done by law enforcement agencies about the deterrent effects of legal sanctions for domestic violence stands in high contrast with the extensive efforts of activists, victim advocates and criminal justice practitioners in mobilising law and shaping policy to stop domestic violence. Criminal case prima facie baseless, false and frivolous against mother-in-law, brother-in-law and his wife.
Explanation to the section 498A lays down the purview of the word cruelty under this section. An accused arrested without warrant by the police has the constitutional right under Article 22 2 of the Constitution of India and Section 57, Cr. Court:Delhi High Court Story put forth by prosecution as narrated by Wife, found no corroboration whereas there is substance in case put up by Defence. There is no doubt that this law has helped many women get justice, but this scenario is changing. But as has been rightly contented by the petitioner that many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. Moving away from fundamental rights to the directive principles, the court pressed into service provisions relating to the health of women and children. Conviction under Section 498A, Indian Penal Code set aside.
The husband of the victim also used to assault her occasionally and abuse her that the bridal presentations brought by her were of in- ferior quality. The offender must subject such woman to cruelty. But it may constitute treatment with cruelty, if indulged in by a spouse and continued, in spite of remonstrances, by the other. The Police can seek custodial interrogation of the husband and his relatives, and at the same time, it can opt not to press for that. In State of Karnataka v.
Her husband was of a highly suspicious nature and made life difficult for her by demeaning her, insulting her, calling her a prostitute, not allowing her to meet others, denying her family life and comforts. Drinking habits of the husband and his coming home late at night have not been held to amount to cruelty. The provisions of section 113-A, Indian Evidence Act, 1872 are not contradictory to section 107 of the Code; they are supplementary. The report may be then considered by the Investigating Officer or the Magistrate on its own merit. This provision is not ultra vires. Other Related Feminine Issues In India Feminine Jurisprudence and Gender Bias Laws in India- Gender Justice- Sub Themes- Women Rights in India- The Criminal Law Amendment Ordinance, 2018- Rights of a Rape Survivor- Why the amendment was required- Sexual Harassment at Work Places- Rights of the Girl Children and Safeguards- Gender Based Wage Gap in India and abroad- Concurrence of Laws in India with International Convention- Genesis of Increasing Crime and Atrocities against Women- Women Empowerment- Surrogacy Rights in India Rights of Surrogate Mothers - J.
She has to go through many obstacles at every stage of her life. Not only her husband but the relatives of her husband also start demanding dowry. The court believed that authorities and lawmakers had to review the situation and legal provisions to prevent such from taking place. It is important to do these studies to correct the general misconceptions that women are misusing the law by filing false cases against their husbands and in-laws in order to harass them and get them convicted. The meaning of cruelty is given in explanation to section 498A. If such torment is done with the view to coerce the wife or her relatives to meet any demand of property or valuable security, it amounts to harassment as contemplated by section 498A.
Time bound Investigation and Trial: A speedy trial of 498 a cases will not only ensure justice for the innocents that have been implicated in false charges, it will also lead to prompt redressal of the grievances of real dowry victims. Harassment for dowry falls within the sweep of latter limb of the section. So as to seek a legal protection, you can always consult to choose from an extensive list of criminal defence lawyers and get rid of a false case under Section 498A. The first exception to section 494 has also some relevance. Both the amicus opined that the Court went overboard by issuing directions in Rajesh Sharma Read Judgment.
Hary, proceedings were initiated by a wife under section 498-A against her husband and his relatives. Husband is beaten up by his wife or her relatives. A woman has predominantly been at a disadvantageous position in the society. And yet it is not an independent ground of any matrimonial relief in India. The court also took note of Article 14 guaranteeing equality, and Article 21 providing that a person cannot be deprived of life and liberty except according to procedure established by the law. Section 113A of Indian Evidence Act This has been added to the Indian Evidence Act to raise plausibility either dowry death or abatement to suicide of a married woman.
Where a wife condoned the cruelty of her husband, they were permitted to compound the case even though in a separate civil petition for restitution of conjugal rights by the husband against his wife allegation of cruelty was not proved. Article 21 is not violated in view of the fact that while section 498-A punishes demand of property or valuable security as coupled in cruelty, the Dowry Prohibtion Act, 1961 penalises mere demand for dowry and the element of cruelty is not necessary under this Act, and thus these are two distinct offences. The Supreme Court held that it was barred by limitation. Nothing to show prima facie that those articles dishonestly kept by other family members or they declined to return same. We all are aware of the condition of women in the society, the harrasment, the torture, the pain. This means that the magistrate has the power to refuse bail and remand a person to judicial or police custody.
Parents of the appellant were suffering from multiple ailments because of advanced age. One can also file a case under domestic violence act in such cases to bear any maintenance or medical help if needed by the victim. In Bhaskar Ramappa Madar v. When the victim suffered a miscarriage her mother-in-law abused her to say that she was vile enough to swallow her own baby. One such view was expressed by former Justice K T Thomas in his article titled 'Women and the Law', which appeared in The Hindu. Such hairsplitting legalistic approach would encourage harassment to a woman over demand of money. Looking into the recent observations and the increase in the misuse of this Section, there should be certain amendments which should be brought up in this law: 1.