However, considering the evidence on record, the Trial Court found both the charges proved against the appellant beyond reasonable doubt and after convicting him, for the said offences, awarded the sentences as mentioned here-in- above, vide judgment and order dated 22. Sec 354B provides for Assault or use of criminal force to woman with intent to disrobe. There is no scope for any pre-conceived notion or view. Giri, the Court has issued the following directions; i a In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. Necessity for Section 498A During the 1980s, dowry deaths were steadily rising in India. Continuation of proceedings qua A3 will amount to abuse of process of law and quashed.
It also said that this check-list for arrest and detention would apply to all offences, which are punished with a prison term less than 7 years. Such designated officer may be required to undergo training for such duration not less than one week as may be considered appropriate. These laws were made in a very gender biased manner poised against men. Many a hapless husbands and in laws have become victims of their vengeful daughter-in-laws. In other words, each case has to be decided on its own facts to decide whether the mental cruelty was established or not. So, we can see that, this law deals with four types of cruelty: i Any conduct that is likely to drive a woman to suicide, ii Any conduct which is likely to cause grave injury to the life, limb or health of the woman, iii Harassment with the purpose of forcing the woman or her relatives to give some property, or iv Harassment because the woman or her relatives are either unable to yield to the demand for more money or do not give some share of the property.
Bhattacharya, learned Counsel appearing for the appellant has raised all the contentions which the appellant has raised before the Courts below, inter alia, that there was no valid marriage with Smt. Firstly, wilful conduct of such a grave nature as is likely to drive the woman to commit suicide falls within the ambit of clause a. Law commission in its 243 rd report opined that the Section along with its allied Cr. Her stays at her home were 20-30 days long. Minati Das Kalita gave birth to a male child on 10.
Further, mental cruelty varies from person to person depending on the intensity of the sensitivity, degree of courage and endurance to withstand such cruelty. Moreover, everyone including our government has failed to take any stand on addressing the violence faced by men. Section 326 A provides for Voluntarily causing grievous hurt by use of acid, etc and 326 B provides for Voluntarily throwing or attempting to throw acid. Why it is not applicable for all types of cases filed in the court of law? If the intention to harm, harass or hurt could be inferred by the nature of the conduct or brutal act complained of, cruelty could be easily established. In another case of State of Himachal Pradesh v. Since cruelty is a ground for divorce under section 13 1 ia of Hindu marriage Act, 1955. I am here for proper Guidance.
Drinking and late coming habits of the husband coupled with beating and demanding dowry have been taken to amount to cruelty within the meaning of this section, but this section has been held not to include a husband who merely drinks as a matter of routine and comes home late. A relative of mine met the circle inspector, he said that the notice period of 2 months is about to be over and on completion they are going to come to this country and arrest me from here. The higher Court does not sit as a regular Court of Appeal. Many cases have already come up when it was found by the courts that a woman filed a false 498A case against her husband as a way to harass him and malign his image. It has however been seen that Indian laws have several loopholes which need to be identified and be aware of in situations like where you feel women might just misuse the law and for which, we have identified many legal remedies that one can use if your dealing with a case, where your wife has threatened to register a case under Section 498A. This section should be made bailable to prevent innocent old parents, pregnant sisters, and school going children from languishing in custody for weeks without any fault of them.
The avowed object is to combat the menace of dowry death and cruelty. Court did not look at the evidences and facts which I produced and rejected my bail. However, over the time, understanding the frequent misuse of this section has led the Law to amend it and where today, the husband or his family do not have to bear the shame in society, in case of false accusations. Get your complaint drafted by a trial lawyer if possible. Why there are no strict laws that deal with women at fault, with equal punishment given to men, when they abuse women? Ranju Sarma, is a pure question of fact. Married women and girls are beaten or burnt to death if they are unable to fulfill the unlawful demands of their in laws.
What the court does is call the woman hyper- sensitive or of low tolerance level and having an unstable mind. Ramachandranwhere the court did notice that the reverse trend and asked the law Commission and Parliament to make the offence a non-cognizable and bailable one. Section 41 lays down a 9-point check list police to weigh the need to arrest after examining the conduct of the accused, including possibility of his absconding. Read this How to initiate action against police or magistrate 1. State has provided such easy platforms 4 the girl n her parents so as they shud nt give dowry at the 1st instance itself.
It was enacted with the view of protecting married women who are harassed by their husband and their in-laws. Now a days there are lot of agents who will get all this done for you. The impact of complaints, accusation or taunts on a person amounting to cruelty depends on various factors like the sensitivity of the victim concerned, the social background, the environment, education etc. What do we need to say in the mediation and what should we do to get out of this false case trap? Wife and her relatives are given a free license to commit atrocities on husbands and then file a complaint of 498A to cover their own crimes. Nothing to show prima facie that those articles dishonestly kept by other family members or they declined to return same. On false grounds she wants to pressurize. It will help you to understand Section 498A of Indian Penal Code.