High court alert on 498A

The high court on Thursday observed that some women were abusing IPC Section 498A to harass those the clause aims to protect them from ' husbands and in-laws.

Justice K.S. Ahluwalia made the observation while quashing criminal charges against Mita Bhaduri and her husband Tapan, who were fearing arrest in connection with a case under section 498A (cruelty by husband or relatives of husband) lodged by her sister-in-law Maumita Maitra.

"The proceedings against the petitioners (Mita and Tapan) will be an abuse of the process of law. The FIR, along with all proceedings against the petitioners, is quashed," Justice Ahluwalia said in his three-page order.

Quoting a Supreme Court ruling, Justice Ahluwalia said: "The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating all immediate relations is also not uncommon. The courts have to be extremely careful and cautious while dealing with these complaints and must take pragmatic matrimonial cases."

Legal experts in the city welcomed Justice Ahluwalia's view, which they said had highlighted the tendency of a section of women and their family members to misuse article 498A and lodge false complaints against in-laws.

"If a woman lodges a complaint of torture against her husband or any of her in-laws within seven years of marriage, police will have to arrest the accused first. No investigation is needed to arrest the accused or family members. Many women misuse the law to falsely implicate their husbands and in-laws," said lawyer and former mayor Bikash Ranjan Bhattacharyya.

Maumita, a resident of Khardah, on the northern fringes of the city, had married Atanu in December 2002. The couple, who had been living at Atanu's house in Sodepur, have two daughters ' Arunima, 7, and Archisha, 5.

In December 2012, Maumita had lodged a complaint of torture against her husband, sister-in-law Mita and her husband Tapan.

Mita and Tapan ' the couple got married in 1983 ' live at Sinthee, around 12km from Atanu's house. They moved a petition in the high court, seeking quashing of the proceedings against them.

The couple's lawyer Debabrata Chatterjee submitted: "Maumita had complained that she had been regularly subjected to mental and physical torture by my clients. Is it possible? Mita and her husband have their own family. Why will they go to Sodepur regularly and torture Maumita?"

The judge observed: "It's a fact that Mita and Tapan lived far way from the complainant's house. The sister, who got married 19 years before her brother's wedding, had nothing to do with the brother's matrimonial affairs."

Matches

MORE TOP STORIES TODAY

Kallis, Narine star in Knight Riders’ crushing win

Kallis, Narine star in Knight Riders’ crushing win

An all-round display saw Knight Riders thump Mumbai Indians by 41 runs in the IPL-7 opener. More »

Pietersen to miss Delhi's first game

Pietersen to miss Delhi's first game

The former England batsman will have to lead the franchise as he is out of the match against Bangalore with a finger injury. More »

Srinivasan named in fixing report: SC

Srinivasan named in fixing report: SC

The court emphasised that the tainted administrator can no longer work for the BCCI. More »

'If you do the wrong thing it will be found out'

'If you do the wrong thing it will be found out'

'Everyone knows what is right and what is wrong and if you do the wrong thing it will be found out' More »

Why I'm not looking forward to the IPL

Why I'm not looking forward to the IPL

Welcome to another season of a league that many watch but few trust. More »

Mitchell Johnson may quit T20s for Test cricket

Mitchell Johnson may quit T20s for Test cricket

Australia's Mitchell Johnson may quit limited-overs cricket to prolong his test career with an eye on the 2015 Ashes series in England, the fast bowler… More »

There's a lot going on: Fleming

There's a lot going on: Fleming

He experienced anxious moments in the lead-up to the tournament as the courts decided on whether to suspend the franchise, he said, but stressed that the… More »

Latif couldn’t work with tainted players

Latif couldn’t work with tainted players

Former Pakistan cricket captain Rashid Latif said Tuesday he turned down the job of national chief selector because he could not work with ex-players tainted… More »

We are not over-confident: Bailey

We are not over-confident: Bailey

Indian Premier League — George Bailey-led Kings XI Punjab will face Chennai Super Kings on Friday. More »

Taxing issue — BCCI hits roadblock

Taxing issue — BCCI hits roadblock

MoU between BCCI & its units to avoid double taxation delayed after a few decline to share details. More »

Big runs expected, with bat and ball

Big runs expected, with bat and ball

Royal Challengers Bangalore: Their main concern, once again, is the fast bowling More »

Black Caps pick rookie duo for West Indies

Black Caps pick rookie duo for West Indies

New Zealand selectors included two new caps in a 15-man Test squad named Tuesday to tour the West Indies, with injury-hit spinner Dan Vettori's future… More »

The stage is set for IPL-7 to start

The stage is set for IPL-7 to start

The Preview — Defending champions Mumbai Indians take on Kolkata Knight Riders More »

Srinivasan appeals to court to allow BCCI comeback

Srinivasan appeals to court to allow BCCI comeback

He was aggrieved by the allegations against him during the hearing. More »

Klinger on his exit from South Australia

Klinger on his exit from South Australia

Michael Klinger has revealed he felt compelled to leave South Australia after being told he would be only a fringe part of the Redbacks' plans for next season, and disputed the suggestion that he left… More »

India: cricket's Brazil

India: cricket's Brazil

They are tough to beat with a big talent base exposed to good facilities. (CYCSPL) More »

Delhi Daredevils say no to gifts

Delhi Daredevils say no to gifts

Franchises are doing their bit to refurbish the image of the tainted league. More »

India-Pakistan Test series likely in 2015

India-Pakistan Test series likely in 2015

The revival of Indo-Pak Test ties could take place in UAE. More »

Kohli hopes to end RCB trophy drought

Kohli hopes to end RCB trophy drought

'This time around we will hope to go few more steps ahead and actually get that trophy' More »

Gavaskar can help IPL regain glory

Gavaskar can help IPL regain glory

Apart from the foreign players a lot of behind-the-scene activity has taken place in selecting the Indian domestic players. More »

Tendulkar, Ganguly to promote soccer

Tendulkar, Ganguly to promote soccer

Leading Spanish club Atletico Madrid and former cricketers Sachin Tendulkar and Sourav Ganguly are among the owners of eight franchises of a new Indian… More »

This isn’t my first trip to India: Neesham

This isn’t my first trip to India: Neesham

Kiwi all-rounder wants to utilise the India leg to explore the country’s tourist attractions. More »

Ishant wanted to quit ODIs

Ishant wanted to quit ODIs

Says his mother made him change his mind. More »