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| Stop Abuse of IPC498A act in India |
Many common people unaware the fact of IPC497 , for a wife even adultery also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.
Any allegation by a wife against husband to be considered as TRUE irrespective the same is true or false. Same way a Case was registered against a Husband, that his wife suspects his relationship with another women in his office , so she suicide. There was no evidence to that aligation or ill treatment to her , but our great law booked him under 498A , 306.
More surprise the lower court and high court also termed him as wife killer .
Writing a judgment for the bench, Justice Radhakrishnan said to charge a husband for abatement of suicide, the prosecution must establish that the wife's suicide was a direct result of the extra-marital affair.
"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.
"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.
Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth."
"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.
"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.
Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth."
Just for a moment if the case had been reverse, like a Husband suicide with a suspect that his wife had relationship with other men at office, will a case will be registered against the women?
Sorry to say the answer is a Big No , as neither 498A or IPC497 applicable for Women. LAW commission had asked to make the adultery crime for both gender , but our LAW makers had not taken any action and NCW even further go ahead with amended in CRPC125 , that a women should get maintenance from husband in spite it had been proved she was living in adultery, as they changed the word "Lived in adultery" to "Living in adultery".
Means a women can lived in adultery, husband proved in court , but after few months she can come back and say , now I am not living in adultery and claim maintenance under CRPC125 again.
For Indian men, it does not matter, irrespective the allegation is true or false, not only you, your mother, sister, age old father will be thrown out of your own house under DV act, just one line complain by your wife.
But some of our media Journalist are so possessive for any judgments in favor of men they also can't digest and as soon as the judgment passed they write :
Adultery is not cruelty, Supreme Court says. Times of India.
They twist the fact that SC said passiveness of a wife for Husband and without any evidence of adultery of husband can't be a ground for Cruelty.
If they had not Possessive against men , then they must have highlighted how a men had suffered in wrong 498A cases as his wife was possessive against him without any evidence.
Merely being "intimate" with another woman is not sufficient ground for a man to be held guilty of inflicting cruelty on his wife on the charge of failing to discharge his marital obligations, the Supreme Court ruled on.
If a Husband had done adultery the same is Punishable as per IPC497 , but how can the same can be a crime when there is no evidence of his wrong doing or ill-treatment of wife under 498A?
Yes the great law 498A is there where you can book any TOM/DICK or Harry and even lower court/high court convect you on mere assumption a crime which You had never done.
So, the question arise who is more possessive a wife against her husband or media Journalist against men?
#CrimeByWomen : A Women grab via @ShaadiDotCom 1st Husband -1crs, 2nd Husband- 45 L & 3rd Husband dumped- run away to US . It will never termed as #Dowry case & no girls family member be jailed. @NCWIndia head @sharmarekha prefer to ignore #Golddiggers https://t.co/XaPzRtJw1X
— SwarupSarkar (@swarup1972) August 8, 2020
1 comment:
Men who support these laws and create mountain out of molehill in the name of women empowerment should get the taste of their blood as soon as possible.
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