Legal Safe

498A/Matri HELP

in LEGAL SAFE LLP

Marriage dispute may refer to disagreements, often legal, regarding marriage. Disputes may be personal, familial, cultural or social, religious, legal, political, as well as regarding individual marriages and their details.

Marital conflicts can be about virtually anything. Couples complain about sources of conflict ranging from verbal and physical abusiveness to personal characteristics and behaviors. Perceived inequity in a couples division of labor is associated with marital conflict and with a tendency for the male to withdraw in response to conflict. Conflict over power is also strongly related to marital dissatisfaction. Spouses reports of conflict over extramarital sex, problematic drinking, or drug use predict divorce, as do wives reports of husbands being jealous and spending money foolishly. Greater problem severity increases the likelihood of divorce. Even though it is often not reported to be a problem by couples, violence among newlyweds is a predictor of divorce, as is psychological aggression.

Legal means legal, lawful, legitimate, licit mean being in accordance with law.

Terrorism means terrorism is any act designed to cause terror.

Legal Terrorism means Legal terrorism refers to misuse of laws. Misusing the laws is done by pressurizing an individual or individuals by dragging them to a legal proceeding. This is done in furtherance of their illegal motives or intention.

Misuse of section 498A of I.P.C. in may cases has been judicially noticed by the Apex Court as well as various High Courts. It has been highlighted in those judgments that keeping in view the social objective behind the section, it is the duty of the courts to ensure that the complaints filed with false or exaggerated allegations out of ulterior motives or in a fit of emotion should be curbed .

Recently, the Apex Court equated misuse of the section to "legal terrorism" and said it was being treated as a "weapon rather than a shield by disgruntled wives."

It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this Court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.

It is a matter of common experience that most of these complaints under Section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern.

The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fibre of family life is not ruined or demolished.

Honorable Supreme Court of India stated that the misuse of IPC 498A as “Legal Terrorism” but still the truth is, anyone can be the victim at any moment. After 498A, the next item is 125 Cr.P.C. and Domestic Violence to extort money.

“Crime in India 2012 Statistics” published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for offence under Section 498-A of the IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that mothers and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal.

Important Act

THE FAMILY COURT ACT, 1984

THE HINDU MARRIAGE ACT, 1955

THE CODE OF CRIMINAL PROCEDURE, 1973

THE DOWRY PROHIBITION ACT, 1961

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

HINDU MINORITY AND GUARDIANSHIP ACT, 1956