Questions that can be asked in legal seminar @Nampally Court

  1. If taking dowry is a crime, then why not taking maintenance?

  2. In maintenance cases it is seen that even if the wife is working or able to work (qualified) even then husband is asked to pay maintenance. This in a way leads to educated women leaving their jobs and get maintenance. Isn’t this creating a kind of parasitism in the economy?

  3. Article 51A(j) of our constitution under fundamental duties of citizens, clearly mentions that all “to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of achievement”. Now there are five different sections under which a woman can file for maintenance, don’t you think we are violating our constitution there?

  4. Article 14 and 15 of constitution talks about equal treatment to everyone irrespective of caste, creed, religion and gender. So in case state is making any provision that is violating such equality our judiciary can uphold equality by their orders. However, in domestic violence cases it is found whatever a husband does becomes a criminal offence but when the wife does the same cruelty that doesn’t become offence. In fact husband can’t even file any case and get compensation from wife. Why?

  5. In our constitution all our rights have limitations. E.g. Even though we have “right to residence” anywhere in the country we can’t reside in J&K or Arunachal Pradesh that way. Similarly we can’t roam in the country freely. We need permission to visit state like Arunachal Pradesh. In all such cases the restriction to the original right of a citizen is very limited. However, in terms of articles 14 and 15 of constitution we have seen a whole lot of laws are being made and judiciary accepting these cases without any observation. Even though Article 15(3) also states that the state can make laws empowering women but that power is mostly abused considering the restriction already in place for other such rights as described in constitution. Your views please.

  6. Misuse of various dowry laws is a known fact. Even in many cases (like in recent Nisha Sharma case in Delhi) we have seen after 9 years of trial SC verdict says Nisha’s story was completely made up. In such cases, most of which are based on blatant lies why the women are not punished severely? After all, they are not only wasting courts valuable time, they are making mockery of our justice system, using the judiciary and state mechanism for their own personal gains and above all making mockery of those thousands of real victims who has undergone the pain but still wait for justice.

  7. In many cases it is observed that when the husband and his family members are abused by the wife or her family members they don’t get justice or not able to file any cases to punish the errant wife. As a result we see more than 62000 husbands committing suicide in India yearly. What do you think such families do?

  8. In some recent cases we have seen common men becoming criminals. In Bangalore one techie murdered his wife. In Delhi one man shot his wife near Delhi Metro and committed suicide. Don’t you think these men do not find any peaceful legal solution to their sufferings and hence are forced to take these extreme steps?

  9. In a recent case in Hyderabad, in Alwyn colony in Kukatpally area a man is thrashed by his wife and some women’s group members, as he was living separately from his wife with another woman. The duo is arrested and cases of 498a and IPC 494 filed against them. Why the wife or anyone from the women’s groups is arrested? Don’t you think in such cases they need to punished first for taking law into their hands?

  10. Even through honorable Supreme Court has already defined cruelty under section 498a, many frivolous cases are filed under section 498a and these cases take years to dispose off. As a result the husband is his other family members get stuck in such cases for years. In the end when the cases are decided why the wife or her family not asked to pay huge damages to the husband? In many cases husband can’t even file such cases after winning as they are already bankrupt.

  11. When our constitution outlines the duties of a citizen of India. I wanted to know what are the duties of a wife in a family. Is that outlined anywhere?

  12. Very often it is found that in-spite of some already existing guidelines for arrest in 498a cases those are not followed by police. But still no police man is punished. Why is that?

  13. In DV cases the wife is given right to residence even in shared household. When she herself states there is domestic violence on her and she is filing cases against her husband and family members, then why is she given stay in the same house? This way DV is becoming a great extortion tool and slow poison for men. Don’t you think she will be better placed in her father’s house or a govt. shelter house instead?

  14. Why is that women are not punished in adultery cases? Don’t you think IPC 497 needs to be changed?

  15. In some cases it is found that even adulterous wives are granted maintenance. The husband who has undergone tremendous mental cruelty by these wives gets one more blow by these maintenance orders. These cases become example to other husbands and people who finds themselves in same situation feels that there is no justice for them. So they either commit suicide or commit murder (as we have seen recently in Bangalore). Don’t you think such women should not be granted a single penny unless the charges are conclusively decided?

  16. In bigamy cases, where the wife gets married or gets into a live together relation without being legally divorced, it is the responsibility of the husband to prove the bigamy. This is very difficult as the husband do not have access to many things that a state agency such as police can do. As in DV or 498a cases state takes up ownership of investigation, why can’t state be ordered to take ownership of such adultery cases against wife?

  17. In any maintenance case it is responsibility of the husband to prove that wife is working. Why is that the wife is not forced to submit all declarations (IT copies etc) and then state takes up the investigation to find if these are true?

  18. In present situation men in India are not finding it comfortable to marry as any woman can file such false cases and will get huge money as compensation. Don’t you think in such a scenario pre nuptial agreement needs to be a must and valid in India too?

  19. With amendment to rape laws now any man can be booked under such a false case by a woman and it is very difficult to separate genuine cases from false ones. Before getting into any kind of consensual sex what do you think a man will need as a proof to prove his innocence?

  20. We have seen many live-in relations termed as rape case. Even though this provision is there in IPC 376, don’t you think the woman is equally responsible for her behavior and needs to be punished first for her immoral behavior?

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One comment

  1. Hi Partha,
    Can u please add some of my Questions, This is Mahender SIFF Members.

    1) According to DP 3 and 4, giving and taking dowry is offence, but till now there is no FIR lodged against Girls Family members for giving dowry. Police people Blindly comes for arrest even though Sec 41 exists (passed by SC) not even going through investigation, but they dont arrest people who confess that there have given dowry.
    2) Under Child Rights, why there is bias towards to women for taking care of Children . Suppose if the wife files false 498a, DV and MC, that means she is not fit enough to be perfect Wife or Mother, how can she will be help full for growth of her children. These Children will grow under wrong influence of Mother, which finally causes destroying our society. Does Courts wants to see bad cultured society in future.
    3) Why there is no punishment for girl filling wrong Affadavit or in case of perjury. Why there is no serious action taken against Women Culprits.

    Mahender

    Like

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