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dowry case lawyer in delhi

498A of indian penal code

(amend dowry law to stop missues)

. Amend dowry law to stop its missues,say supremecourt of India. The Hon”ble supremecourt of india has painly told the goverment to take a relook at the anti-dowry law-section 498A of indian penal code-the hon”ble court said that it has been misused by women to lodge false or ex-aggerated complaints against husbands and their relatives accusing them of cruel behaviour. such is the level of exaggeration of cruel behaviour on the part of husbands and their relatives that “to find out of truth is a Herculean task in a majority of these complaints” The bench comprising Justice dalveer Bhandari and K.S.Radhakrishnan. The bench further said concerned at the rise in complaints under section 498A ipc .The bench further said “we come across a large number of such complaints which are not even bonafide and are filed with oblique motives.” The Hon”ble court observed:-

1.large number of cases /complaints filed under the anti-dowry law are either fals or exaggerated .

2.At times,even after conclusion of the criminal trial,its is difficult to ascertain the truth,

3.Ask govt.to heed ground realties and make suitable changes to the law.

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What the law says under section 498A IPC

498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.Explanation-For the purpose of this section, “cruelty” means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.] 

 

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