Legal Question in Family Law in India
I am with Mr. Sheshadri Srinivasan so far as his answer to my question on 498-A is concerned. In the interest of the society at large 498-A must be made non-cognizable. Women do not loose any thing if the provision is made non-cognizable, it will certainly avoid coercion and ill treatment by the police. Investigation officer is forgetting his limits and beocoming a hurdle for the spouses in getting the matter reconciled. I believe " Gods are pleased, where women are held in esteem.
4 Answers from Attorneys
I am firmly of the opinion that the law needs to be strengthened to provide more teeth so as to deal with the erring husbands who consider marriage as a joke.
My suggestion was usually Section 498 A must be charged along with some other heinous crime ( which by itself should be a cognizable offence) and only in such cases the whole case should be cognizable and not otherwise.
Section 498 A is more abused than used and this is what I have seen in my law practice.
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