Legal Question in Family Law in India

There is a part- logic in your demand that 498 A should be made non-cognizable. 498A can cover even a case of heinous crime for dowry, which will be punishable by many other provisions of IPC.

So the intent was to deter such criminal damage to a wife.

misuse of law would depend upon an individual. not only women misuse the law, but also men do that. in order to avenge upon someone, one may lodge a false f.i.r. for causing grievous hurt, or theft or house trespass. it is the character of a person that determines his acts and it is not the gender. there are boys and their families, who even torture their DIL/wife for dowry and there have been instances of bride burning and suicides and there are brides, who, despite having a loving husband and good parents in law, goes to the police station and lodges a false complaint. ultimately, its the choice of an individual whther to go by law or against it.

The remedy lies in change of mind-set. We suffer a lot because of our false ego problem. In several countries women were treated equal till recently. The times have changed. We need to respect women and consider their rights.

I have conducted hundreds of matrimonial cases and represented both the sides - the boy as well as girl. In most cases I find 498-A was not misused, rather utmost required. In most of the cases the boy's mind-set was faulty; either he wanted to follow his mom and other relatives or he was too aggressive and egoist;

in the marriage, in almost every case, the girl leaves her parents and environ to join the boy; it is a total transplantation in her case; the boy and his family should take her special care and pay attention to her needs; the dispute arise when you consider the woman as 'chattel' or a 'bonded labour'. Most man in India consider as if the woman has been brought to serve his parents/family and do not recognise their own rights of living a complete family life; they give more importance to their parents and family than the girl they marry.

the attitude of a girl normally is to settle a home; usually a girl is not interested to break if she gets love, affection and respect from her husband. however, at times, girls are 'over - possessive' about their husband.

to repeat, the situation can possibly be better handled with a change in mind-set by considering the women as an integral part of our life; after all our mothers and sisters who we love so dearly are also women and we need to learn from them how to behave with a newly entrant female in our life.