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High Court's refusal to criminalise domestic abuse clauses

The court at this time highlighted that it has the right to dispose of cases where the parties are willing to set aside the case by mutual consent

High Court's refusal to criminalise domestic abuse clauses
SHARES

The High Court on Thursday clarified that it will not pass any order to make penal punishment instead of imprisonment under Section 498A of the Indian Penal Code, which deals with abuse of a woman by a husband and his relatives for dowry or other demands. Justice Ajay Gadkari and Justice S. G. Digge's bench clarified the above point.


Also Read: Age Limit For Consensual Sex Needs To Be Reconsidered: High Court


We have read the Central Government's stand in this matter through an affidavit. In view of that, the court also clarified that the central government cannot order the law making section 498A penal punishment instead of imprisonment. However, the court at this time highlighted that it has the right to dispose of cases where the parties are willing to set aside the case by mutual consent. Our experience so far is that eight out of 10 cases sent for mediation are settled. Only in two cases does the problem persist. However, the court also said that their position is clear. 


While hearing a petition filed by three members of the same family through lawyer Dutta Mane, the court refused to interfere with the central government's role and order to make Section 498A a penal sentence.

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