Sunday, July 28, 2013

Section 125, is designed to help the needy and not the greedy.

Where as the Section 125 of CrPC is meant for support of a women who is not able to support or maintain herself, in reality the same is being grossly misused by unscrupulous women at large.

Delhi High Court in Santosh Malhotra vs Ved Prakash Malhotra And Others, observed that women seems to be trying to abuse the benevolent provisions of Section 125 Cr.P.C. This Section is designed to help the needy and not the greedy. It is not meant for settling the personal scores, but it is experienced that it is often being misused.

The husband who is already fighting a false case of dowry and beating in the Supreme Court of India says “This clearly shows to what level women have gone to extort money from their husbands”.  A lot of the women are getting married just to immediately file false cases and getting their husbands arrested and then they ask for lots of money to settle the case. When are we going to have any law which protects the husbands against such erring wives who are misusing the law and harassing the husbands?”

Indeed the innocent husband is unnecessary burdened to face the trial of such false case. Even though by providing very strong remedies to the petitioner, amelioration of the weaker sex and women empowerment have been uppermost in the mind of the Parliament, everyone concerned should not forget that violence is not to be met by violence. It is very easy to misuse the provisions of the Act and gain an unfair advantage over the adversary. Such tendencies will ultimately turn out to be counter productive.

Andhra HC in 2002 – “….It is for the Law Commission and the Parliament either to continue that provision (Section 498 IPC) in the same form or to make the offence a non cognizable one and a bailable one so that the ill-educated women of this country and their parents do not misuse the provision, to harass innocent people for the sin of contacting marriage with egoistic women….” 

The current family court system has a thoroughly dissatisfying record. Over the last 17 years it has fostered intense anger, frustration and resentment over the continual misuse and abuse of its power and authority. It has become a system that has lost trust of the majority population regarding its capability to provide any kind of a fair and just forum for handling family disputes. Unless the present situation of the family courts is remedied, the women will be forced to continue to remain unsecured within their family and society.

Bibliography: Judgement of different high courts, report of women commission, etc.


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