The country’s Supreme Court has given a big verdict keeping in mind the increasing misuse of Section 498A of the IPC. The court has ruled in cases of domestic violence and dowry harassment that now there will be no arrest for two months in the case and the case will be sent to the Family Welfare Committee. Explain that this is the same case in which false cases were filed against the husband and in -laws on behalf of the IPS woman. In this case, the victim husband and her father had to stay in jail for more than three months.
ALSO READ – SUPREME COURT: ‘Supreme’ decision through privilege ‘demanded public apologies to husband and in -laws’
The Supreme Court has approved the guidelines issued by the Allahabad High Court in cases of alleged misuse of Section 498A (dowry harassment) of the Indian Penal Code. Under these guidelines, the arrest of the husband or his family will not be done immediately until the initial investigation is completed and the police approves after reviewing senior officials.
Supreme Court used Article 142
A day earlier, the Supreme Court had settled the case using its privilege. Explain that Article 142 gives the apex court the right to issue any order required for ‘complete justice’ in any case pending before them. The bench noted the arguments of both the parties that they wanted to resolve all the disputes including the daughter’s custody matters and settle all pending matters to avoid any litigation in future and maintain peace.
Supreme Court comments on children’s custody
At the same time, on the issue of custody of the daughter, the bench said, ‘The child’s custody will be with the mother. Father … and her family will have the right to monitor the girl for the first three months and then on the basis of convenience and goodness of the girl … The first Sunday of every month can be met at the teaching site of the girl from 9 am to 5 pm, or as per permission under school rules and regulations.
Also read- 12 crores of ultimate in 18 months marriage: Supreme court woman bluntly, said- read and write, earn yourself
Innocent people will get security due to Supreme Court’s decision
The court said that in many cases of 498A, false or exaggerated allegations are made, due to which innocent people have to go to jail. Therefore, after the FIR is registered, there will be a ban on arrests for at least two months, so that the matter can be investigated fairly and both sides get enough opportunity to speak. This decision is considered an important step towards judicial balance, which will provide justice to the real matters of dowry harassment, and at the same time the innocent people will get protection from false allegations.
