New Delhi. In view of the misuse of Section 498A of Dowry Harassment Act, the Allahabad High Court has given an important order. The High Court has said that no arrest should be made for two months in cases registered under Section 498A of the IPC. The Family Welfare Committee should investigate the matter in two months and give its report. Justice Rahul Chaturvedi of Allahabad High Court has issued this order.
Efforts should be made to resolve the family dispute during the cooling period
The Allahabad High Court in its order said that the police should not take any coercive action for two months after the registration of the FIR. The High Court has also made in its order that during this cooling period of two months, efforts should also be made to resolve the family dispute through mutual advice. As soon as a case is registered under 498A, the matter should be immediately sent to the Family Welfare Committee. The committee should investigate the whole matter and prepare a detailed report and submit its copy to the police and magistrate. The High Court, while giving relief to the committee, said that no member of the committee would be called to appear as a witness during the trial.
Live in relationship getting a boost
The Allahabad High Court has further observed in its order that the misuse of Section 498A of Dowry Harassment is affecting the institution of marriage and live-in relationship is taking the place of traditional marriage.
Justice Rahul Chaturvedi of Allahabad High Court, while hearing the petition of Mukesh Bansal, said that live-in relationship is taking the place of our socio-cultural beliefs and traditional marriage. This is the ground reality of today which we have to accept. The court, while hearing the petition, further observed that living together without marriage and maintaining mutually consensual sex, today’s couples do so to evade their statutory responsibilities.