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  • Category: Miscellanous

    Misuse of Dowry harassment provision in IPC

    It is now common that section 498-A of the IPC, is grossly being misused to harass people related to the bridegroom . On August 13, 2010, the Hon'ble Supreme Court of India gave a land mark judgement and a few lines from the judgement are quoted below:-
    The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never
    visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.
    34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.
    35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy.Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.
  • #862
    Supreme court judgment mean correct ?..may be in many cases not in all.we hope that women get favor of these acts.See around u .men having many wives .without any earning he goes on shifting from one to another .There is no effective laws and proving in courts a himalayan tasks to innocent women .So they go with dowry relating acts and sue them. it is very familiar that there are plenty cases of men murdering,torturing mentally and physically ,sucking money from wife ,deserting them and their children etc.we should realise that only one case in one thousand case is coming to court level ..male chauvinistic brain and making propaganda ''it is against men''..negligible should not be taken as example.

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