Team  SoOLEGAL

SC to review its earlier decision on law pertaining to abuse of married woman

Team SoOLEGAL 21 Apr 2018 5:06pm

SC to review its earlier decision on law pertaining to abuse of married woman

New Delhi: Admitting an application moved by NGO Nyaydhar, a group of woman advocates of Ahmednagar district in Maharashtra, seeking to make section 498A, which deals with abuse of women in-laws home even more stringent, the SC bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud posted the matter for hearing on July 9.  The CJI led bench agreed with senior advocate Indira Jaising, that it earlier orders diluting the provisions of the law needed a relook.

Though the law was designed to provide protection to married women, it was found that law was being abused and used to harass the in-laws. Because of this abuse of the law, the SC bench of Justices A K Goel and U U Lalit had in its order July last year had diluted some of the provisions. It restrained police from carrying out the immediate arrest of husbands and in-laws on receipt of complaints from women about cruelty in the matrimonial home. Instead it ordered setting up of committees to examine the complaint which could talk to the couples and try for reconciliation.

However in October last year, a three judge bench headed by Chief Justice of India Dipak Misra said that the judgement given in July interferes with the intent of the law-to protect women from abuse at in-laws home.

On Thursday, a bench led by Justice Goel had referred the earlier matter to Chief Justice led bench and on representation by senior counsel Indira Jaising, the CJI agreed to listen to both the petitions together. The CJI led bench said it will comprehensively look at the law and examine whether setting up of committee for reconciliation is legally tenable and what has been the view of SC and High Courts on the law in the past.

Tagged: SC   Article 498A   NGO Nyaydhar  
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