Home > 498A, Quashing 498a, Without Mutual Consent > Andhra Pradesh HC:- We never expected that women would be of such a character in this country where she comes and file false Criminal Cases against In-Laws.

Andhra Pradesh HC:- We never expected that women would be of such a character in this country where she comes and file false Criminal Cases against In-Laws.

“the court would like to go on record that for nothing the educated women are approaching the courts for divorce and resorting to proceedings against in-laws under section 498a , IPC implicating not only the husbands but also their family members whether in India or Abroad. This is nothing but misuse of the beneficial provision intended to save the women from unscrupulous husbands . It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well meaning people or the courts. and the sanctity attached to the marriage in Hindu Religion and the statutory mandate that the courts try to save the marriage through conciliatory efforts till last , are being buried neck-deep . It is for the law commission and the parliament either to continue that provision ( section 498a IPC ) in the same form or to make that offense non cognizable and bailable so that ill-educated women of this country do not misuse the provision toharass innocent people for the sin of contracting marriage with egoistic women “

Andhra High Court

Saritha vs R. Ramachandra on 9 July, 2002
Equivalent citations: 2002 (6) ALD 319, 2002 (4) ALT 592, I (2003) DMC 37
Author: B Swamy
Bench: B Swamy, G Yethirajulu

ORDER

B.S.A. Swamy, J.

1. The appellant is the petitioner in OP No.58 of 1998 on the file of the Family Court, Secunderabad. She filed the said OP seeking divorce from the respondent who is her husband, on various grounds. After full trial, the Family Court found that she could not prove any one of the allegations levelled against the respondent, and, therefore, dismissed the said O.P. Aggrieved by the said order, this CMA was filed by the wife.

2. Having seen the age of the parties, we summoned both of them to find out the real cause for their differences. The appellant could not say anything except that here mother-in-law did not treat her properly during her say at New Delhi. On the other hand, the father of the respondent who accompanied the respondent categorically stated that they belonged to a traditional family where divorce was unknown and that if the marriage can be saved they are prepared to send the respondent to Hyderabad, the place of the appellant, to live with her. Even then the appellant and her father who seems to be an engineer were adamant and they are not agreeable to any of the reasonable suggestions made by the Court as well as her husband except divorce.

3. Without losing our hope we directed both parties to live in a hotel for one week and try to settle their differences amicably, if possible. Though the respondent instantly agreed to stay at Hyderabad by cancelling the ticket already reserved for New Delhi, the appellant agreed to go alone with him to the hotel reluctantly. After expiry of the time both parties appeared before this Court. The respondent informed the Court that the appellant was spending time jovially during day time but was going to her house in the night-time. The appellant having admitted this fact bluntly informed the Court, that she was not interested in having any marital relationship with the respondent. In fact in the Court itself, she was very jovial with the respondent and talking to him very nicely. Practically we do not find any reasons for the animosity she developed against the respondent. Once again, to save the marriage we directed both parties to live together in any holiday resort outside Hyderabad for one more week and report back. Again when they attended before this Court, both the parties admitted that they enjoyed the life to the fullest satisfaction and absolutely she did not face any problem during the inter course. In fact she had also taken him to her parents house. This indicates that there is no problem to them to lead marital life but the appellant wants divorce and nothing but divorce. Even after leading conjugal life with the respondent when the appellant said like this, we were sure that there is something in her mind, which she did not disclose to us. Hence we directed the appellant to appear before a psychiatrist. In fact, we talked to him and fixed the appointment for them but she did not choose to appear before him. We tried to find out from the respondent whether he was agreeable to give divorce by mutual consent. He told us in so many words that he was not prepared to give divorce and he would wait till her retrieval. It shows the anxiety the respondent has to save the marriage and the affection he had towards the appellant in spite of the ill-treatment shown by the appellant. In fact himself and his father were agreeable for any proposal made by this Court or the appellant to save the marriage. But, the appellant and her parents did not agree for any proposal except divorce.

4. Hence we have no option except to dismiss this appeal as there are absolutely no grounds for granting divorce and leave the parties to work out their remedies.

5. During hearing, we came to know that the appellant filed a criminal case against the respondent and his entire family under Section 498-A IPC. From the conduct of the appellant we have no hesitation to hold that the appellant being at fault wants to misuse the process of law and harass the respondent and his family members for the sin of marrying her. We never expected that women would be of such a character in this country. Even though the respondent expressed so much magnanimity towards her, without ill-will or rancor and extended his arm to lead a happy marital life, the appellant just threw away the offer with her little finger. The criminal Court shall take up the case for trial on day-to-day basis and dispose of the same within on month from the date of receipt of this order. In the event of dismissal of the criminal case as a foisted one and the allegations are far from truth, it is always open to the respondent to take appropriate criminal action on the appellant as well as her parents for implicating them in a false case and making them to come all the way from New Delhi to Hyderabad to attend the Courts.

6. This Court would like to go on record that for nothing the educated women are approaching the Courts for divorce and resorting to proceedings against their in-laws under Section 498-A IPC implicating not only the husbands but also their family members whether they are in India or abroad. This is nothing but abuse of beneficial provisions intended to save the women from unscrupulous husbands. But it has taken a reverse trend now. In some cases this type of action is coming as a formidable hurdle in reconciliation efforts made by either well meaning people or the Courts and the sanctity attached to the mandate that the Courts shall always try to save the marriage through conciliatory efforts till the last, are being buried deep-neck.

7. It is for the Law Commission and the Parliament either to continue that provision (Section 498 IPC) in the same form or to make the offence a non cognizable one and a bailable one so that the ill-educated women of this country and their parents do not misuse the provision, to harass innocent people for the sin of contacting marriage with egoistic women. We have no hesitation to hold that if this situation is continued any longer the institution of marriage and the principle one man for women will vanish into their air.

8. The CMA is accordingly dismissed. There shall be no order as to costs.

  1. jitu vaswani
    June 10, 2013 at 7:37 pm

    I will appeal to courts of our country to hang such bitches

  2. vinayak
    June 14, 2013 at 6:44 am

    what is use of all this when NO court punishes false 498a filing women ?? this female is rich ..start fining them rss 20 lakhs per case and see what happens ? susped the IO who accepts PATENTLY false cases like this and see what happens

  3. dr.pawan rajyan
    June 25, 2013 at 6:17 pm

    yes vinak is right.

  4. Mallampati Suresh
    October 21, 2013 at 2:50 pm

    False cases to be prosecuted.

  5. Mens Rights
    October 22, 2013 at 2:16 pm

    The weeks following 16 December 2012 have witnessed unprecedented male hatred being propagated in the media by the feminists and the feminist media. One incidence of gruesome violence was made a national issue and social outrage was provoked by the media keeping aside all other issues of the country, which led to the formation of a committee headed by Justice JS Verma, which came out with another set of draconian anti-male blind measures which even seemed to bypass the Government’s long pending decision of making the Sexual Assault Law gender neutral.

    Now, the interesting thing here is, that the Justice Verma committee gets formed due to one alleged incident of gang-rape and murder over-hyped by the media and fuelled by feminists and they come out with recommendations like,

    Include punishment for marital rape wherein even the consent by wife is ignored if she complains,
    Remove misuse clause from Sexual Harassment Workplace,
    Harsher Punishments for eve-teasing, stalking, acid attack etc.
    And many more such recommendations came out in the report which were basically long pending feminist demands hitherto unmet and unaddressed. And, then the feminists and the feminist media and anti-male TV anchors started hailing the report as landmark. It was very clear that the feminists used the incident of 16 December to create a social mayhem and then use it as a platform to launch their agenda of male hatred. They had NOTHING to do with Jyoti Singh Pandey (the girl in the 16 December incident), or for that matter, any woman getting justice or the so-called crimes against women reducing.

    The sole agenda of feminists is to ensure that men get no rights, the society hates men and innocent men become victim to anti-male laws.

    Feminists always propose family breaking laws. Even in this case, marital rape was in no way connected to the 16 December incident, and Justice JS Verma committee was formed only after this incident, however, the feminists chose to go against the Government because it did not include marital rape in the ordinance passed to amend sexual assault laws.

    And the feminists are peeved at the gender neutrality of the law, which means they want female sex predators to go scot free. This clearly shows that feminists are fighting not to protect women, but to protect female criminals. They want to ensure that only innocent men must be punished while criminal women must go scot free.

    The dowry law (Section 498A of the IPC) infamous for its misuse has resulted in the arrest of at least 50000 innocent women in the last 5 years as per data provided by the Ministry of Home Affairs. These women are the mothers and sisters of men whose families are trapped in false dowry cases by their vindictive, vexatious, obnoxious, cunning, manipulative, abusive and greedy daughters-in-law. What have the feminists done for such women? The NCW even has the audacity to refuse help to such old women who approach them being harassed by their daughters-in-law saying that, “It is out of their purview to help such women.”

    Feminists should be extremely grateful to the Government and the judiciary. The Government gives them unjust and unconstitutional laws which criminal minded women can misuse and the judiciary pampers and protects such women to the extent that instead of punishing them, it rewards them with alimony and compensation at the cost of innocent men and their lives.

    But instead, these feminists openly abuse the Government, the politicos, and denounce the judiciary, break their furniture, insult them publicly in functions and constantly display hate towards them. And the feminist media projects such women as “bold women” and eulogizes them as symbols of womanhood.

    Today, Shiela Dixit, might lose the elections and that will only be because of these feminists, the very feminists, whom she pampered. Feminists are like “Frankenstein Monsters”.

    Frankenstein Monsters are an epitome of hatred to such an extent that they cannot stand their own reflection in water and they are so obnoxious that they eat their very own creator.

    Feminists are also like that. These feminists are pampered by the male politicians and these male politicians think that if they keep on appeasing the feminists, they (male politicians) can continue to be in power. What these male politicians do not realize that these feminists are going to devour their own mentors just like Frankenstein Monsters.

    Feminists keep on demanding one after another draconian anti-male law which has ample scope for misuse and the provisions would be such that a mere complaint from a woman would be enough to ruin a man’s life. However, feminists never take any kind of responsibility for this kind of collateral damage and blame it again on the Government for preventing misuse of the laws that these feminists dance around to get. They are irresponsibility and unaccountability personified.

    The most unfortunate part is that these feminists, who are shameless liars hold high moral positions in the society, because the society is inherently anti-male in nature. Feminists do not create male-hatred (misandry), they merely amplify the existing misandry in the society and pit one man against another to get their work done.

    The onus lies on men. Men need to be aware of not only their rights, but also of the fact that feminists are like Frankenstein Monsters who will devour their own creator one day, and they cannot even stand their own selves let alone anyone else.

    Men must not support feminism and feminist causes.

    Society, social and political contractors must realize that feminists are hate generating machines and wherever they go, they just spread hatred. They are loyal to no one and respect no authority, they have scant regards for law and order and must not be pampered and flourished the way currently society does.

    Society, social and political contractors must be aware and wary of the danger of pampering the Frankenstein Monsters called feminists lest they convert this society into a jungle raj one day.

    It is because the society and the political class does not take action against the irresponsible behavior of feminists and feminist media who promote lies against men, that today, we are seeing that laws are drafted in the studios of news channels by editors/anchors who have half-baked legal knowledge with inputs from intellectually bankrupt citizens.

  6. Mens Rights
    October 22, 2013 at 2:17 pm

    By citing some extreme cases of rape and murder, and relying on hyper media sensitivity and giving in to public emotion, the Indian Government and women organizations are on process to change the Present Rape law, as a knee-jerk reaction as mentioned below :

    (Present punishment for rape is minimum 7 years and maximum life sentence).

    Government and women organizations proposal under consideration:

    1. The Punishment should be “Hanging to Death” even for simple rape, presently it is Rape and Murder.

    2. Proposal for chemical castration to men. Accused have to prove that he had not committed the rape, the women is not required to give any proof (even medical test also not needed to file rape cases). Her verbal statement is sufficient to term any one as a rapist. She just needs to claim that she had been raped or gang raped and whoever is named will be arrested immediately and they will not get bail till the case is over, irrespective of how long the case continues, be it 1 month or 20 years.

    3. As soon as she files the case, whether it is true or false, she will get minimum 2 Lacks rupee – rupees 50 thousands immediately and then as case progress. This is irrespective the case is true or false.

    4. A rape complainant will get government job by default, so now you do not need any qualification or skill to get a government Job. You have to just cry rape and secure a government Job.

    5. Consent to sex: Any consensual sex can be termed as rape with excuse like, she was drunk / made to drink, she was promised for marriage, she was promised for job, she was under threat, etc. This means that the consent depends purely on women’s will and wish. She is even free to enjoy the consensual sex, later call it rape and en-cash

    6. Most importantly the law commission advised to make the rape law “Gender Neutral”, so that any rape by women to other women, men to other men, women to child can be covered, but women organizations and Govt are not ready to do that for reasons best known to them.

    7. For any disputes in marriage or divorce the wife can file the Rape case on her husband along with 498A (dowry case), DV act, Crpc125, Section24, Child custody and husband will not have any defence.

    8. There should not be any Punishment to women for making “False and Fabricated” rape or gang Rape case to anyone.

    9. A man can’t be file rape case against women even if she rapes you every day and then cut your body in 11 or 17 pieces.

    Our Proposal :

    If you really want the same should not be misused left, right and centre, the way in Section 498A/ Domestic Violence Act, the word relative is misused, then act NOW.

    Be ready the Rape statistics will double in next two years and it will became another extortion, blackmailing and easy money earning business for all Advocate, Police and greedy people.

    Summary of our Recommendations and Request to meet your MP/MLA/Ministers and demand:

    1. Make Rape Law Gender Neutral as in other countries of the globe.

    2. Relationship cheating cases should not be allowed to be converted into rape cases which suck the scare resources from genuine rape cases.

    3. False complaints of Rape cases, should be punished severely, so that genuine cases like ‘Nirbhaya’, gets justice.

    4. Introduce the much required police reforms to increase conviction rates of rape cases

    5. Introduce the much required judicial reforms for speedier justice and to increase conviction rates of rape cases.

    All references to “Man” or “Woman” must be replaced with the word “Person” or “Whosoever”
    All references to “His” or “Her” to be must be replaced with the word “His or Her”
    All references to “He” or “She” must be replaced with the word “He or She”
    All references to the word ‘Husband” or “Wife” must be replaced with the word “Spouse”

    Relationship or marriage disputes should not be included in the Sexual Assault as they are already covered under Domestic Violence act.

  7. Param
    February 16, 2014 at 12:54 am

    It is not in 498A cases only but also in almost every cases Police / IO role is important. The police has become so blood hounded dog that they are now even breaking social system of marriage for a small amount of money. Even prostitutes give their body when they accept money. But the India police takes salary too and need more money from unfair means too. Indian Police is worst than prostitutes and needs to be punished. A strict vigil on code of conduct is required against police.

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