498A, the alpha-numeric word, has a tendency to create a shivering and catastrophic effect in the life of numerous husband and their relatives.
498A was inserted in the IPC by way of Amendment Act-1983, with a social aim to protect the women from the demand of dowry and consequent cruelty exercised with in the vicinity of matrimonial home. Object of law was social and pious and aimed to bring the equilibrium in the society and to arrest the growth of the menace of dowry which plagued the Indian Society for decades and decades. Intention of the legislature was salutary .However, the way it is implemented speaks altogether a different story especially in metros.
498A was introduced in the Criminal Law in the year 1983. And the same era and consequent years also witnesses the women empowerment. They have started joining the mainstream by entering in to all kind of vocations, profession, service, etc. Women started assuming more proactive role in the society and vociferously demanding more and more space in the social set-up.
In the initial year of passing of 498A, it was used with caution and care by the women and the protection of the interest and dignity of the family was always the prime concern. It will not be out of place to mention that women maintained cacophonous silence despite being the victim of dowry demands and consequent cruelty.
However, time has taken a ‘U’ turn. It has become a joke in the society that women first understand the basics ofmatrimonial law which of course and naturally means and includes 498A and then she might learn the other basic and traditional matrimonial obligation. Trend may be disturbing but a harsh reality of the present Indian Society.Law is now being (mis) used at will and with impunity . 498A has travelled a journey from the protector of women against cruelty in regard to the demand of the dowry to the tool in the hand of women to bargain for huge cash and‘Quick Rich Scheme’ from the husband.
Law is being invoked for every single act. If husband is not succumbing to the unreasonable demand of wife then he should be ready to face the wrath of 498A. An interesting scenario occurs when a man approach to a matrimonial lawyer(Divorce Lawyer) and speaks about the fact that his wife has left her for all illogical reasons and rationale and is not coming back to home. Law provided remedy to the husband to file a suit for Restitution of Conjugal right. Now, it requires courage to file a case of Restitution of Conjugal Right(RCR) against your wife to return back for the ostensible reason that the husband must be ready to face the ignominy of 498A. Husband first received the warrant from the Court and then if wife chooses, she files a reply to the RCR petition. He could face the bar for the offence of solemnising the marriage. His misery do not stop here rather it begins from there. His old father and ailing mother faces the threat of imprisonment for the fault that they got their son married. No… misery further adds….. when the married sister of the husband is implicated as party when as a matter of fact she is residing some about 400 Kms from the matrimonial home of the wife. It further aggravates when 14 year old sister and brother of husband has to apply for anticipatory bail just because of the fact that they want to have their ‘bhabhi’. Had Supreme Court not intervened at the right time, friends would also have been included with in the ambit of ‘relative’ in the definition of 498A.
In Delhi, Crime Against Women Cell(CAW) was created with the object and aim to provide conciliation between the husband and wife. However, the forum has been misused by women folks and every word of the complaint is generally consider as gospel truth. 30 lacs dowry by lower middle class girl to the husband was accepted with looking in to the source of such huge finance by poor father of the girl. It belies common sense.
Today in the court, 498A has become a tool to ask for cash. Court has become the place to bargain for the good amount. Husband has to meet the conditions imposed by the Court if he wants to secure bail for himself and family member.
Glaring example of misuse of 498A is the warning sign in USA State Department under the heading “DOWRY/VISA DEMAND” about traveling to India for marriages.
It is estimated by a survey that out of every six family, one would be caught in the quagmire of 498A by the year 2010. We are progressing fast. We do not need to eradicate dowry system from the social set-up. Eradicate husband, there will be no dowry.
Today, ask any woman, what is easy, ordering a pizza, ticket booking or FIR under section 498A. Your guess is as good as mine.
Now adding to more teeth to the already brutal 498A, there is new law commonly called as Dom
For more info contact +91-9891914800
http://duasnduas.com/
498A was inserted in the IPC by way of Amendment Act-1983, with a social aim to protect the women from the demand of dowry and consequent cruelty exercised with in the vicinity of matrimonial home. Object of law was social and pious and aimed to bring the equilibrium in the society and to arrest the growth of the menace of dowry which plagued the Indian Society for decades and decades. Intention of the legislature was salutary .However, the way it is implemented speaks altogether a different story especially in metros.
498A was introduced in the Criminal Law in the year 1983. And the same era and consequent years also witnesses the women empowerment. They have started joining the mainstream by entering in to all kind of vocations, profession, service, etc. Women started assuming more proactive role in the society and vociferously demanding more and more space in the social set-up.
In the initial year of passing of 498A, it was used with caution and care by the women and the protection of the interest and dignity of the family was always the prime concern. It will not be out of place to mention that women maintained cacophonous silence despite being the victim of dowry demands and consequent cruelty.
However, time has taken a ‘U’ turn. It has become a joke in the society that women first understand the basics ofmatrimonial law which of course and naturally means and includes 498A and then she might learn the other basic and traditional matrimonial obligation. Trend may be disturbing but a harsh reality of the present Indian Society.Law is now being (mis) used at will and with impunity . 498A has travelled a journey from the protector of women against cruelty in regard to the demand of the dowry to the tool in the hand of women to bargain for huge cash and‘Quick Rich Scheme’ from the husband.
Law is being invoked for every single act. If husband is not succumbing to the unreasonable demand of wife then he should be ready to face the wrath of 498A. An interesting scenario occurs when a man approach to a matrimonial lawyer(Divorce Lawyer) and speaks about the fact that his wife has left her for all illogical reasons and rationale and is not coming back to home. Law provided remedy to the husband to file a suit for Restitution of Conjugal right. Now, it requires courage to file a case of Restitution of Conjugal Right(RCR) against your wife to return back for the ostensible reason that the husband must be ready to face the ignominy of 498A. Husband first received the warrant from the Court and then if wife chooses, she files a reply to the RCR petition. He could face the bar for the offence of solemnising the marriage. His misery do not stop here rather it begins from there. His old father and ailing mother faces the threat of imprisonment for the fault that they got their son married. No… misery further adds….. when the married sister of the husband is implicated as party when as a matter of fact she is residing some about 400 Kms from the matrimonial home of the wife. It further aggravates when 14 year old sister and brother of husband has to apply for anticipatory bail just because of the fact that they want to have their ‘bhabhi’. Had Supreme Court not intervened at the right time, friends would also have been included with in the ambit of ‘relative’ in the definition of 498A.
In Delhi, Crime Against Women Cell(CAW) was created with the object and aim to provide conciliation between the husband and wife. However, the forum has been misused by women folks and every word of the complaint is generally consider as gospel truth. 30 lacs dowry by lower middle class girl to the husband was accepted with looking in to the source of such huge finance by poor father of the girl. It belies common sense.
Today in the court, 498A has become a tool to ask for cash. Court has become the place to bargain for the good amount. Husband has to meet the conditions imposed by the Court if he wants to secure bail for himself and family member.
Glaring example of misuse of 498A is the warning sign in USA State Department under the heading “DOWRY/VISA DEMAND” about traveling to India for marriages.
It is estimated by a survey that out of every six family, one would be caught in the quagmire of 498A by the year 2010. We are progressing fast. We do not need to eradicate dowry system from the social set-up. Eradicate husband, there will be no dowry.
Today, ask any woman, what is easy, ordering a pizza, ticket booking or FIR under section 498A. Your guess is as good as mine.
Now adding to more teeth to the already brutal 498A, there is new law commonly called as Dom
For more info contact +91-9891914800
http://duasnduas.com/
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