Family Welfare Committee
LawZ Magazine|December 2017

Recently the Supreme Court of India issuesed new guidelines to prevent the misuse of 498-A of I.P.C. in Rajesh Sharma Vs. State of Uttar Pradesh on 27-07-2017.

Dr. Sailaja Petikam
Family Welfare Committee

In this case the two judge bench namely justice A.K.Goel and U.U.Lalit stated that, not allowed to automatic arrest in 498-A of IPC and also opined that the involvement of civil society in the assistance of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized, it is also essential to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Courts only for that purpose.

The Supreme court observed, “It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. This Court had earlier noticed the fact that most of such complaints are filed in the heat of the moment over trivial issues. Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualized. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted.”

The Bench sought assistance from Additional Solicitor General (ASG) Atmaram Nadkarni and Senior Advocate V Giri as amicus. The Court deliberated the subject of roping in family members to settle a matrimonial dispute.

The Bench stated, “Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of demanding dowry or causing cruelty. To check abuse of over implication, clear supporting material is needed to proceed against other relatives of a husband.”

Diese Geschichte stammt aus der December 2017-Ausgabe von LawZ Magazine.

Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.

Diese Geschichte stammt aus der December 2017-Ausgabe von LawZ Magazine.

Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.

WEITERE ARTIKEL AUS LAWZ MAGAZINEAlle anzeigen
Freedom Of The Press: Print Media Near -Vs- Minnesota
LawZ Magazine

Freedom Of The Press: Print Media Near -Vs- Minnesota

This 1931 case is a landmark judgement highlighting the constitutional protection given to the freedom of the press. 

time-read
4 Minuten  |
February 2018
Protection To Woman
LawZ Magazine

Protection To Woman

Well, the Indian Penal code, acts as a sword as well as a shield for the Indian women.

time-read
2 Minuten  |
February 2018
Corporate Governance Past, Present & Future In India
LawZ Magazine

Corporate Governance Past, Present & Future In India

While corporate governance may not dictate the economic prospects of developing countries, it certainly plays an integral role in shaping them. Corporate governance deals with the rights and responsibilities of a company’s management, its board, shareholders and various stakeholders.

time-read
8 Minuten  |
February 2018
Builders Can't Force Buyers To Go For Arbitration
LawZ Magazine

Builders Can't Force Buyers To Go For Arbitration

It is a well settled law that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission (‘NCDRC’) and other consumer forums. The issue was, however, reconsidered at length by a Full Bench of the NCDRC, in Aftab Singh v Emaar MGF Land Limited &Anr [Consumer Case No 701 of 2015] in view of the amendments to the Arbitration and Conciliation Act 1996 (‘the Amended Act’).

time-read
3 Minuten  |
February 2018
The Unwanted Acid
LawZ Magazine

The Unwanted Acid

Incidents of acid attacks in which the perpetrator throws acid at the face of the victim are on rise. Such acid violence have a specific gender dimension in India as a majority of reported victims have been women. While acid attacks constitute only a fraction of the total number of violent incidents against women, they are among the most horrific examples of brutality inflicted on women.

time-read
4 Minuten  |
February 2018
Iran Deal Withdrawal
LawZ Magazine

Iran Deal Withdrawal

WORST DEAL OR WORST MISTAKE

time-read
5 Minuten  |
July 2018
Law Regulating
LawZ Magazine

Law Regulating

ELECTIONS IN INDIA

time-read
4 Minuten  |
July 2018
Karl Marx
LawZ Magazine

Karl Marx

Karl Marx has been without doubt one of the most influential socialist thinkers till date. Although he was largely ignored by scholars, his social, economic and political ideas gained rapid acceptance.

time-read
3 Minuten  |
July 2018
Virtual Currencies In India Journey So Far
LawZ Magazine

Virtual Currencies In India Journey So Far

Bitcoin has been the talk of the market yet has the government report closed the doors to its development. 

time-read
10 Minuten  |
LawZ August 2018
Applicability Of GDPR On Goods And Services Offered Over The Websites Outside The European Union ​​​​​​​
LawZ Magazine

Applicability Of GDPR On Goods And Services Offered Over The Websites Outside The European Union ​​​​​​​

Applicability of the EU data Protection laws outside its territory and provision for its intl. avoidance

time-read
3 Minuten  |
LawZ August 2018