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Dream vs Reality

DREAM VS REALITY

Getting married is dream of every single human but the reality hits differently.

 Marriage has been the ritual in the world in different style since ancient times. The relation of the bride and groom is not just with each other but it gets attached with both the families too. Little demands made in the marriage are part of the good faith but the unwanted demands of dowry by the husband and relatives in the badintentions, is a punishable offence under Indian Penal Code, 1860 of the Indian Judiciary.

The breakups of marriages these days are common but the reason varies from person to person. In most cases the reasons are due to the cruelty, dowry demand, and harassment on the female spouse.

 Rates of Domestic Violence cases are on its peak.75% divorce in India are due to domestic violence.

Section 498A under Indian Penal Code 1860 talks about such cases, but studies state that half of the population is not aware of section 498A under Indian Penal Code.

 Section 498A was enacted in year 1983 to protect the rights of married women against dowry demands and cruelty.
Creating a situation of suicide to women also falls under cruelty.

Section 498A has punishment which may extend to 3 years or more /fine or both.
Today the world has become modern but still in many places women face the harassment and dowry demands by in laws.

Whereas not fulfilling the unwanted demands of the in laws turn into harassment, cruelty and verbal abuse .

Yes, we do agree that 25% of the laws are misused, specially the studies and rates of National Crime Bureau Report states that Section 498A is highly misused by the female spouse to earn huge amount of Alimony from the male spouse and the family, but moreover due to this, the law cannot be removed from Indian Penal Code, 1860.

 While on the social media platforms, Section 498A is the most debated section among the people today.

The act talks about the protection of women from the dowry demands. Not only dowry demands but also mental and physical abuse that can step to the grounds of the divorce under section 498A of Indian Penal Code, 1860.

Honorable Supreme Court through Section 498A says that any physical or mental abuse by the male spouse or relative (blood relation) is a punishable offence and non- bailable offence under section 498A of Indian Penal Code.

498A states the grounds of cruelty, dowry demand, physical and mental abuse by either spouse or the relative.

Filing a case of section 498A of Indian Penal Code.

1.The female spouse with whom the cruelty has been done can quash a First Information Report in the nearest police station.

2.The First Information Report must be filed on or within 3m of the incident.

3.Looking at the false allegations by the female spouse the male spouse can also file a FIR under section 498A.

4. Either of the spouses can file a direct divorce petition in the court stating the reason of the current case.

5.The spouse (wife) can contact a women cell and with help of the women cell she can file a First Information Report in the nearest Police Station.

6.Also the Spouse can get an expert legal advice from the advocate.

 7.If both the spouses agree than they can turn to Mutual Consent Divorce under Hindu Marriage Act 1955.

How to seek protection from or against false allegations of  Section 498A

1. The male spouse should collect necessary evidences to prove him innocent.

2. Immediate apply for an Anticipatory bail with help of your advocate.

3.File a defamation case against the spouse for the lost image or reputation under section 500 of Indian Penal Code.

4.File a First information report if you are trapped in a false case of 498A in nearest police station with help of a learned advocate because these are pro women law but if you have proper evidence the First Information Report has to be filed by the police.

Honorable Supreme Court seeing the increasing rate of false 498A cases has ordered no direct arrest of the accused and if also found with the false allegation, will be given the grounds for divorce.

Surely the law is made for the protection of women but it should not be anti laws for male. The National Crime Bureau says that every year there is a rise in 1/4th of 498A cases.

The idea of marriage is to make the families of both spouses happy and to be emotionally secure, but the demands of dowry are making people disbelieve in the concept of marriage.

All the strength you want is within you and don’t be afraid of it - Swami Vivekananda.

Just a bit of knowledge and correct steps will make you safe and secure from such cases.

#domesticvoilence #498A #covid19 #offence #Highcourt #police #FIR #law #lawyer #pune #india #Maharashtra
#beawarestaysafe

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