Dowry, domestic violence, and divorce- these 3Ds are now common scenarios! Without any doubt, dowry is one of the greatest social disasters that all nations are confronting even in 2021. India is taking all the possible measures in order to completely eliminate this evil practice from society. Sometimes it feels that dowry and domestic violence are interconnected. One comes after another and stops the overall growth of the victim. In order to stop this evil practice, IPC 498A is safeguarding women and trying to let women get justice who are suffering from these things. But there is another reality too and that is it is getting misused by many people. Many men get trapped in such a situation and after that expert lawyers for dowry cases give them relief.
There are lots of examples that women utilize their privileges in order to satisfy their own cruel desire and ruin a family. Even there was a time when the government of India also neglected to address the viciousness suffered by men.
Rights of Husbands in Dowry and Cruelty-Based Complaints
- Hon’ble Supreme Court and different High Courts noticed the tendency of abusing the IPC 498A law and slowly it is tending towards legal terrorism. Hon’ble Supreme Court said that the law section can be used as a shield not as a legal weapon to kill others.
- According to the order of the Supreme Court, now the police officer will not be able to capture the changes pointlessly. Along with this, the magistrate will also not be able to approve detainment nonchalantly. The court has given some directions that we can accept as the rights of men in dowry and cruelty-based complaints:
- Police officials will not consequently arrest the accused when one will lodge a complaint under 498An IPC. They should do the needful according to 41 CrPC.
- Police officials will be filing the checklist and analysis of the reasons and material to arrest the man.
- Only after getting the report from the police officials, the Magistrate should approve the confinement.
- If the police officials neglect to follow these directions, they may face departmental actions and court contempt.
- If the Magistrate fails to comply with the directions, he/she will also be liable for departmental action directed by the Supreme Court.
Rights of a man in divorce in India (if the husband wants a divorce)
Under section 13 of the Act (Hindu Marriage Act, 1955), a man can get a divorce in case if he is facing: “voluntary sexual intercourse with any person other than his or her spouse”; “cruelty”; desertion “for a continuous period of not less than two years immediately preceding the presentation of the petition”; “ceas(ing) to be a Hindu by conversion to another religion”; and being “incurably of unsound mind”.
Along with this, Section 13B can let a man get a divorce by mutual consent.
Being a man, in such a situation you will get the best help from an advocate for a dowry case. In order to deal with a dowry divorce case, there is no better solution than appointing an expert and experienced domestic violence lawyer in Kolkata. From ensuring the rights of a man to letting you get justice, everything can be done fast and in a fair way when your complaint will be guided by a lawyer with years of experience in the field of dowry and domestic violence cases against men.
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How do RD Lawyers & Associates / AK Legal Advisors save men in need?
If you too are getting through such a suffocating situation, we know that you are repeatedly searching ‘divorce lawyer for husband near me’ on the search bar of any search engine. Finding the Expert Lawyers for Dowry Case also seems a tough task especially when a person is going through such harassment. If you want to get quick relief, it will be always better, if you contact an expert law firm like Advocate Shilpi Das & AK Legal Advisors‘ or ‘RD Lawyers & Associates Advocate Anulekha Maity. We are in this field over the years and here you will get teams of expert and experienced advocates to guide you in the best way. You will get quick relief and justice easily with us. We let people get back their vigor with our best-quality legal help and support.
To get e-advice or to schedule an appointment, Call at: +91-9874371127