Husbands often complaint that Sec. 498a has been misused.
When a complaint by wife is filed, the initial tendency of husband is to avoid summons.
Then court issues warrant. Then he is not found!
Then Court, then issues proclamation requiring his presence in Court under sec 82 which is published in newspaper.
Today I read some advertisements in newspaper relating to 498A cases.
It would have been better if in such marriage offenses, bail are granted. Then parties can keep fighting in court.
The problem is, such cruelty is alleged to have happened in matrimonial home.
There will be no witnesses for wife. So how can she prove allegation except by her statement.
Same difficulty is with husband. How can husband prove that he said nothing, he did nothing, except by his statement.
Some conclusion can be reached only after parties are examined and cross examined.
Haresh Raichura
26/2/2013
When a complaint by wife is filed, the initial tendency of husband is to avoid summons.
Then court issues warrant. Then he is not found!
Then Court, then issues proclamation requiring his presence in Court under sec 82 which is published in newspaper.
Today I read some advertisements in newspaper relating to 498A cases.
It would have been better if in such marriage offenses, bail are granted. Then parties can keep fighting in court.
The problem is, such cruelty is alleged to have happened in matrimonial home.
There will be no witnesses for wife. So how can she prove allegation except by her statement.
Same difficulty is with husband. How can husband prove that he said nothing, he did nothing, except by his statement.
Some conclusion can be reached only after parties are examined and cross examined.
Haresh Raichura
26/2/2013