Tuesday, December 9, 2014

`Men Becoming Adamant On Not Taking Wives Back'

False cruelty cases ruining marriages: SC
New Delhi:

`Men Becoming Adamant On Not Taking Wives Back'
The Supreme Court on Monday said false complaints under Section 498A of Indian Penal Code against innocent in-laws alleging cruelty and harassment at matrimonial homes were increasingly making the husbands adamant not to take back their wives. “For no fault, the in-laws, especially old parents of the husband, are taken to jail the moment a false complaint is filed against them by a woman under Section 498A. By roping in in-laws without a reason and for settling a score with the husband, the false and exaggerated 498A complaints are causing havoc to marriages,“ said a bench of Chief Justice H L Dattu and A K Sikri.
These comments assume significance as it has been a trend with the SC to seek response from the husband on a mere mention of a petition by a woman in matrimonial disputes. The court also readily transfers a matrimonial case to a place convenient to the wife, brushing aside protests from the husband.
Dismissing a woman's petition, who had appealed against a trial court's decision not to permit her lead evidence against the two brothers of her husband, the CJI said, “There is an increasing hardening of stand among husbands, whose parents had been arrested in false 498A cases, not to take back the wife.They say they are willing to give her all the property , they will take care of the children's education and marriage but will not take her back.“
The CJI added, “They take a plea before the court that they may have committed a mistake but for that punishing their old parents on a false complaint was not condonable. The false complaints under Section 498A are ruining marriages.“ When the counsel said the court's observations might be true in some cases, the bench retorted, “It is true in most cases.“ But the court was quick to clarify that it was not giving a certificate to erring in-laws. The court had some advice for women who file complaints under Section 498A. “When you file complaints under Section 498A, be circumspect and truthful. You unnecessarily involve old people in your complaint, you end up ruining the marriage,“ it said.
Allowing dissolution of marriage between K Srinivas and K Sunita last month, the court had said, “We unequivocally find that the respondent-wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty . We accordingly dissolve the marriage of the parties.“
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“对于无过错的,公婆,丈夫,尤其是年迈的父母,被带到监狱虚假投诉提起他们被一个女人在第498A的时刻。由公婆拉拢没有理由和解决得分与丈夫的虚假和夸大498A投诉造成的冲击,婚姻,说:“首席法官HL Dattu和AK格里的替补。



该CJI补充说,“他们把认罪,他们可能犯了一个错误,但是对于惩罚他们年迈的父母一个错误的抱怨是没有condonable法庭。根据第498A虚假投诉破坏婚姻。“当律师说,法院的意见可能会在某些情况下,真正的,板凳反驳道,这是事实,在大多数情况下。“但法院很快就澄清,它没有给一个证书犯错误的公婆。法院有一些忠告谁提交根据第498A投诉的妇女。 “当你在第498A提出申诉,要谨慎和真实的。你不必要涉及老人的投诉,你最终毁了婚姻,“它说。


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