Abolish of Change IPC 498a
This is a petition to the honorable supreme court of India to either abolish IPC 498a or modify it to prevent gross misuse by wife's in India. Its a well know fact acknowledged by honorable SC that IPC 498a is 98% misused by wifes in India to harass husband and his family, false case is registered and agony of husband family members starts endlessly. Honorable SC did have given certain relief by making it mandatory for police not to arrest husband and his family immediately till mediation fails in court. However there are still huge exploitation done by cops. 498a has served its purpose when it came into effect to control dowry menace in India. However time has changed and there is a need to either abolish it or modify it in a such a way that it give enough deterrence to the husband and his family in case false case is registered. In case abolishing this law is not possible following can be considered by honorable SC to make it effective, equal to both husband and wife.
Its well established fact that most wifes register case under 498a on husband and his family to settle personal ego thrust. Hence they register false case, and the process of proceedings of these cases is as such that once case is registered the mental trauma, exploitation and harassment is unimaginable for the husband and his family. Hence here are proposed suggestions which honorable SC can take into consideration to make this law effective and equal to both husband and wife.
1. After case is registered, courts can give sometime to both wife and husband to consolidate their relationship, this is already happening via mediation process in court.
2. But if there is no consolidation in mediation and both wife and husband are not able to consolidate their relationship, then as per current process all accused specially husband will have to go to jail, apply for bail and follow the proceedings of court till the judgement. What it means that consolidation between both wife and husband is not possible in future in all probabilities, however there still can be exceptional cases. If this happens then honorable SC can direct all courts to abolish marriage and grant divorce immediately as consolidation is not possible, decide on the mandatory maintenance to be paid to wife by husband, wife has to leave husband property and her rights on the materials belonging to husband is stripped off. This will make only genuine cases getting registered by wife's as false can result in divorce. There is no hope from political class to make these changes as they do not want to be seen as anti women, our only hope is with honorable SC to consider on this petition.
Thanks
Yours Sincerely
Pradeep Singh
No signatures yet. Be the first one!
Comment
See More 0