Home > Judges > Exhaustive and Appropriate guidelines for Karnataka to curb the Heavy misuse of 498A IPC

Exhaustive and Appropriate guidelines for Karnataka to curb the Heavy misuse of 498A IPC

30th July 2010

Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka, Bangalore.

Subject: Request your personal intervention for Exhaustive and Appropriate guidelines for the State of Karnataka to curb the Heavy misuse of 498A IPC.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the news article published in “Indian Express” and also available on the website of the said News Paper at the following link.

http://expressbuzz.com/cities/hyderabad/plea-on-dowry-cases-referred-to-division-bench/193527.html

The said article is also attached herewith as an Annexure for your reference.

Similarly, there is a Judgment/Order from Honorable Justice Regupathi of the Chennai High Court in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu.

Similarly, in compliance of the advisory issued by the “Union Ministry of Home Affairs” dated 20-October-2009 vide no 3/5/2008-Judl Cell, “Maharashtra Government” has issued a Circular for the State Police of Maharashtra.

In the absence of any such Circular/Advisory, the misuse of 498A IPC is rampant in the state of Karnataka and ordinary, law abiding and innocent Men & Women are being arrested and sent to Judicial Custody merely on a false complaint by estranged wife. 498A IPC is increasingly being used as “Arrest on Demand” by estranged wife in case of any matrimonial dispute.

DEMAND OF NFHS:

In view of the proactive and laudable steps taken by the Judiciary in neighbouring states to curb the heavy misuse of 498A IPC, we National Family Harmony Society® request your personal intervention to direct the Registry of “High Court of Karnataka” to register a Suo Motto Case and file a Public Interest Litigation by the way of Writ Petition to issue Exhaustive and Appropriate guidelines for the State of Karnataka so the heavy misuse of 498A IPC can be curbed and suffering, harassment and torture of innocent citizens can be brought to an end.

We are available at any time of your convenience to have discussion with you on this subject matter. We have tried many times seeking appointment with you in the past but could not succeed. We would be grateful if you can grant personal appointment so that we can express our pain and sorrow in detail.

Awaiting favorable response from you.

P Suresh, President,

National Family Harmony Society, 9880141531

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