The petition of Rudolph D'souza - a NRI Professional, native of Udupi, Karnataka & Other members undersigned
Sheweth
Petition to Stop misuse of Matrimonial Dispute cases
That the India is the only country in the world in which where just on the basis of verbal statement of woman; entire family is put behind bar. That over 85% of acquittals (as per NCRB data) clearly suggest that there is emergency like situation that ought to be fixed by Lawmakers
That Acquittal rate in the NCRB statistics shows IPC 498A grossly misused than used and all other claim of Women organizations are false propaganda of no misuse of the Section is totally baseless. As no marriage has ever survived after 498A of IPC.
That the petitioner therefore prays for remedy to mitigate the sufferings of lakhs of Indian citizens, who through this law, have been unceremoniously exposed to the whims and fancies of corrupt, immoral unprincipled section of society, who for their own personal agendas do not hesitate in committing the worst possible crime under law, which is Misuse of Law. It is therefore prayed:
PRAYER :
That suitable provision be specifically inserted / amended in Section 498A so as to make it punishable for whosoever misuses of abuses it if case is quashed or dismissed.
That the new Misuse Clause to be Inserted like 498B which may be read as follows:
"Whosoever misuses & abuse IPC 498A, in any way, to cause mental, emotional, physical or any type of torture or harassment by filing false case will be tried by the same court and sentenced to a term of minimum of 10 years and complainant would also pay a fine, equal to Rs 10,00,000/- (Rs. Ten Lakhs) per year to the opposite party. Further there shall be departmental action against Investigation Officer (IO), Police Inspector (PI) & Superintendent of Police (SP) & Commissioner of Police (CP) or any other such authority will be penalized /demoted /suspended / Removed from job for shoddy investigation, incompetency, delaying chargesheet & Other such factors depending on the case / facts & situation"
That If court finds 498A complaint false, frivolous and concocted then apart from woman who abuses this provision; all other relatives & family members who have become witness in that trial must be charged under perjury & other suitable amended laws to prosecute them & also made them liable to compensate the financial loss suffered by the falsely accused in the process.
That Section 498A to be amended so as to make it bailable, non-cognizable and compoundable.
That without medical certificate/physical injury proof; police officers should not be allowed to register FIR under such serious section.
That the law be made gender neutral of protect the interests of any innocent, be it a man or a women; and
That time bound trial should be make a statutory requirement under this law, with a 6 month maximum limit specified therein.
That Investigation Officer (IO) must not be allowed to file chargesheet without evidence against accused. Also If IO doesn't file chargesheet within 6 months of filing 498A complaint; then it FIR has to be made null & void and B Summary to be filed. Subsequently it is to made mandatory for police to initiate 182 IPC against women who filed false complaint.
That Indian NRIs implicated in 498A must not be treated like hardcore Terrorists. Necessary laws / rules should be enacted that there should not be any LOC (Look out circular) & Red Corner Notices (RCN) to be issued in 498A complaint; until& unless complainants win the case. Further impounding passport by passport authorities is to be barred.
That necessary rules / laws to be enacted /amended where police / law enforcement agencies cannot deny police clearance (PC) mechanically in passport applications.
That if women file multiple 498A FIR/complaints on the same incidents or same cause of actions then necessary rules/laws may be enacted to punish such women who abuse the process of law.
That new subsection (3) under CRPC 256 may be included for all matrimonial disputes including IPC 498A which may be read as follows:
"CrPC 256(3) : During Trial; If complainant does not appear for 3 consecutive dates even after receiving summons / notice ; then magistrate shall dismiss the case & discharge the accused."
m. As IPC 498A has been become a Weapon to extort the money and to stop the misuse for such extortion / harassment; alimony / maintenance laws must be amended in which If women has filed false 498A & husband is acquitted then they are not liable for any maintenance/alimony & right to residence. This will also ensure that only genuine complaints would come to courts it would also reduce the burden of pending / backlog of cases.
That If due to false 498A cases if husband or any of his family member commits suicide then sufficient penalty / punishment clause to be inserted like 113A under Indian Evidence Act - where "Presumption as to abetment of suicide by a married Man or his any of family member" to be enacted. Further sufficient compensation clause to be added for filing false case
That If women files 498A complaint after 3 years of cause of action / alleged incident; such frivolous complaints must be made time barred mandatorily & FIR should not be registered at all.
That Minors / Infants, Sr. citizen Grand parents-in-law must not be included in FIR
That there should not be any FIR under 498A against bridegroom & his family members before marriage. Similarly there should not be any 498A complaint allowed against ex-husband & his relatives after divorce.
BE A PART OF OUR VICTORY.
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