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Avinash Sen's comment on An open letter to Prime Minister: There's need to 'wake up' to disastrous effect of 'gender biased laws'

498A is a weapon for wife which does not come alone it always accompany CRPc 125 and Domestic Violence case. There should be strict guidelines that the maintenance would be provided only of the wife establishes/proves her allegations. Merely saying and establishing the income of husband does not mean that he does not have any responsibilities towards his family. When we say wife and husband are in equal position in the society that why only wife gets to file 498a or DV? or are we saying that Husbands live outside the domestic relation and his parents are always criminal? - DP 3 should automatically be established against the wife and in-laws if they are educated (reason being they are well aware that giving and taking dowry is illegal) during the time of marriage this becomes a gift and when there is a problem this becomes dowry. If should be simple they should not be allowed to say "I have given dowry as this was my duty" and find an escape. - If there is a divorce or RCR proceedings pending in any court wife has to provide evidences in order to register an FIR in 498A case. Suppressing the fact will result in dismissing the FIR. - If husband is able to prove that allegations are false and made out with an oblique motive people involved in the case proving false witness and evidences so to misguide the law a case under section 128 should automatically be filed against such people. - Tenure in marriage and the ability to earn by the wife should be considered while granting interim maintenance. - No maintenance should be provided if the allegations are found to be false. Penalty should be awarded for criminal conspiracy. - Withdrawal of cases should not be allowed if there is any monetary exchange. - In 498A or DV case mediation if both parties agree not to live together then divorce should be granted immediately as there is no point in keeping multiple cases open without any result. This will not only reduce the cases filed in the family court but will make the law more strict so that no one dares to misuse it and no men had to commit suicide when they are hit with false 498A cases.
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We must not accept this useless amendment in 498A which is never going to stop misuse .. either make it bailable of punishable with huge penalty say Rs. 10 Lacs
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