Daily Archives: September 15, 2012

Misuse of dowry act provision

Misuse of dowry act provision

TNN | Aug 28, 2012, 01.08AM IST

BANGALORE: The high court on Monday asked the government to spell out its stand on amending the act relating to dowry harassment.

Observing that section 498 A of the Indian Penal Code relating to dowry harassment was being misused, the division bench headed by Justice K Bhakthavatsala said: It is being increasingly misused because as per the Act when a woman files a complaint, police register the case. And without verifying the correctness of the case, they arrest the husband and his family members.”

The bench suggested that instead of police directly registering the case, the victim can file a complaint with the Karnataka State Legal Services Authority. After three or six months, if the case/complaint is genuine, police can take further action. “It will reduce the number of divorce cases and also avoid the misuse of 498A provision,” observed the bench while hearing a petition related to a domestic violence incident.

source

http://timesofindia.indiatimes.com/city/bangalore/Misuse-of-dowry-act-provision/articleshow/15851630.cms

 

when a woman files a complaint under this provision, the police register the case and without verifying the correctness of the case they arrest the husband and his family members

State directed to suggest measures to prevent misuse of dowry law

The Karnataka High Court on Monday sought the view of the State government on measures that could be taken for preventing the misuse of Section 498A of the Indian Penal Code (IPC) in dowry harassment case.

Observing that this provision of the IPC is being misused in many cases, a Division Bench comprising Justice K. Bhaktavatsala and Justice B.S. Indrakala asked the State Advocate-General to assist it in the matter and file an affidavit informing the view of the State government in this regard by September 7.

The Bench said when a woman files a complaint under this provision, the police register the case and without verifying the correctness of the case they arrest the husband and his family members. Instead of the police directly registering the case, the law may be amended allowing the victim to file a complaint with the Karnataka State Legal Services Authority. After three or six months, if the complaint is found to be genuine, the police can take action. It would reduce the divorce cases and also avoid the misuse of Section 498A, the Bench said observed while hearing a domestic violence case.

Directive

The High Court directed Rohini Sindhuri, Tumkur Assistant Commissioner who is also in-charge Commissioner of Tumkur City Municipal Council to file a report with regard to the building that was partially demolished recently in Chickpet locality of the city. Viewing seriously non-compliance of order issued by the court two years ago, Justice Ram Mohan Reddy asked the IAS officer to submit the details of officials/engineers who did not take any action based on court order and those officials who allowed the building to come up on a drain.

Attendance shortage

Observing that the attendance shortage menace needs to addressed effectively, the Karnataka High Court observed orally that the attendance of lecturers also needs to be monitored.

“It is high time this problem [attendance shortage] is addressed. Take the attendance of both the lecturers and the students, put them in a tablet and send the details to the higher authorities through email. This may solve the problem,” said Justice Ram Mohan Reddy while hearing of petitions filed by two engineering students who were denied permission to appear for examinations because of attendance shortage. “When we were studying law, we were going to college as early as 6.30 a.m. But, now students are awake even at midnight, they get up late and miss classes,” the judge said.

 

source

http://www.thehindu.com/todays-paper/tp-national/article3829702.ece

 

Cops asked to exercise caution in dowry cases : Karnataka

Comments :

Misuse of 498a by young women, extortion of money from men and their families using false dowry case arrest threats and quick divorces with a bounty have become commonplace in this society.

Hardworking, law abiding citizens are the real victims in these cases !!

While it is laudable that some state governments have been sensitised to this misuse, I feel the measures below are still NOT sufficient to safeguard men

What’s worse, once an arrest is made the marriage is irretrievably broken

In fact its women who have decided to ditch the marriage and make a quick buck, who will insist on such false cases being filed !!!

Look at this circular below : it says that arrest is to be made only in fit cases… who decides what is fit ? why criminalise a matrimonial case ? no one gains by arreesting elderly parents of the male (hubby) …

by keeping a few doors open the law is still open to misuse and abuse

 

============== news ==============

 

Cops asked to exercise caution in dowry cases

M K Madhusoodan, TNN Jul 7, 2012, 06.26AM IST

BANGALORE:

 

Men falsely accused of demanding dowry can breathe easy. Checks and balances have been put in place to handle dowry harassment complaints that have often led to accused husbands and in-laws being arrested.

Police officers in Karnataka have been told to exercise restraint while making arrests on plaints relating to offences under Section 498-A of the IPC.

A recent circular has laid out guidelines to handle such complaints. “An arrest under Section 498-A should be made only with a written order from a police officer of the rank of superintendent in the districts or deputy commissioner in commissionerates. Arrests should be resorted to only for acceptable reasons,” the circular said.

CHECKS & BALANCES

Counsellors will mediate between spouses Counsellors’ reports will be sent to DCPs/SPs Officers will invoke Section 498-A if they’re not satisfied with counselling results Investigating officers can arrest accused husband and in-laws only with written order from jurisdictional DCP/SP

All dowry plaints will be screened

Bangalore: The Karnataka police officers have been instructed not to accept dowry harassment cases at face value, and study them well before pressing ahead. This could spell the end — or, at least, reduction — of false and trumped-up cases.

According to a recent circular, all complaints should be screened by professional and trained family counsellors to weed out frivolous cases. Their reports will be submitted to DCPs or officers of equivalent rank; only if they are not satisfied with counselling results can Section 498A be invoked.

The advisory follows recommendations of the Rajya Sabha Committee of Petitions, which has asked the state governments to take effective measures to curb misuse of Section 498-A. The circular also mandates that the guidelines should be displayed at all police stations to ensure the public are aware of their rights/liabilities. ` The dowry harassment law should not be invoked against juveniles, the advisory says.

In case of any exceptions, the investigating officer should ensure children are put under the care of the child welfare committee for interim care.

 

source

http://articles.timesofindia.indiatimes.com/2012-07-07/bangalore/32577209_1_dowry-harassment-section-498a-police-officers

“Once it was jhatpat shaadi, now it is jhatpat divorce,” – Justice B V Nagarathna , Bangalore

Comments :
– Looks like everyone wants a Jhatpat divorce !!
– Now divorce has become a money making industry , where men are milked millions in broad daylight
– fear of arrest, false DV cases where maintenance orders and residence orders are passed against men, 1000s of cases where elders are thrown out, have all become commonplace
– by the way I am wondering why a so called “mediation center” is wanting to know why / how divorce should take two years ???? again Jhatpat there too ???
 
================= news ==================

The Times of India
Bangalore

‘Divorce in haste makes marriage waste’

TNN | Sep 15, 2012, 01.24AM IST

BANGALORE: The Karnataka High Court on Friday adjourned the hearing of a PIL challenging the provisions of Section 10A of the Indian Divorce Act 1869 which stipulates a minimum of two years’ separation for a couple belonging to the Christian community seeking divorce by mutual consent.

The division bench headed by Chief Justice Vikramajit Sen asked the petitioner to implead the Church of South India and diocese to know their views on the issue. Counsel for the petitioner told the court that unlike Hindu/ Special and Parsi Marriage Act, which have a one-year separation rule, there is a two-year stipulation under the Indian Divorce Act concerning Christians and the same is discriminatory. The court was also told of a judgment of the Kerala High Court deciding against the stipulation.

Justice B V Nagarathna wanted to know how many cases have been reconciled after mediation. “Once it was jhatpat shaadi, now it is jhatpat divorce,” she observed.

“Divorce in haste makes a marriage waste,” the Chief Justice quipped before adjourning the hearing.

The petition is filed by Shivakumar, an advocate and trainer at Bangalore Mediation Centre.

 

source

http://timesofindia.indiatimes.com/city/bangalore/Divorce-in-haste-makes-marriage-waste/articleshow/16402796.cms