#498aipc #husband #inlaws #wife #matrimonialcases #familycourt #fir #police #domesticviolenceact
Justice Dr Neela Gokhale said that Section 498A IPC has not been misused but misunderstood by everyone. The judge stated that while section 498A may be misused by a very handful women but that cannot be used to "paint the entire drawing board in one colour." "I can say that section 498A is not misused but it is misunderstood by everyone. But it's time, we as the Bar and the Bench must rise to the ocassion and give proper advice to our clients," she said. The mindset that "Doli me baith ke aayi hai toh Arthi pe hi jayegi" (if she comes in a palanquin she will leave in a pyre) is one of the biggest hurdles for women to report domestic violence meted out to them by their husband and in-laws, the Bombay High Court judge, added.
The judge cited a 2003 government report which revealed that more than 30 per cent married woman face physical, sexual and emotional torture at the hands of her husband and his close relatives. The judge was speaking at an "interactive lecture" organised by the Interactive Lawyers Association for Women (ILAW) on the topic "Use and Misuse of Section 498A."
The Supreme Court ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. from her second husband, even if her first marriage was not legally dissolved.
The Court clarified that a formal decree of dissolution is not mandatory. If the woman and her first husband mutually agreed to separate, the absence of a legal divorce does not prevent her from seeking maintenance from her second husband. Holding so, a bench of Justices BV Nagarathna and Satish Chandra Sharma granted relief to the woman allowing her appeal against the Telangana High Court's order to deny her maintenance under Section 125 Cr.P.C. from her second husband just because her marriage with the first husband was not legally dissolved.
"It must be borne in mind that the right to maintenance u/s. 125 CrPC is not a benefit received by a wife but rather a legal and moral duty owed by the husband," the Court observed while holding that S.125 CrPC required a broad interpretation considering its social welfare objective.
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