An increasing number of men are approaching the family court for divorce, following easing of certain provisions of a law which was aimed at protecting women from harassment.
A recent amendment to Section 498A, which secured Presidential assent in January, says that police need not arrest the accused but merely give him notice to present himself at the police station.The person can be arrested if he fails to appear before the police in response to the notice.
An arrest can now be made only if the police officer is satisfied that it is necessary to arrest the accused for proper investigation or to prevent him from committing any further offence.In dowry and harassment cases under the old Section 498A, police used to arrest not only the husband but his entire family.
When this section was in force, advocates said many husbands did not move the courts for a divorce fearing that their wives would use the law against them.“I have been approached by four people who are unhappy in their marriage,” said Ms J. Sudnyata Deepak, advocate at the family court at Secunderabad.“They had been wanting to get out of the marriage since long. But keeping the adverse consequences in case Section 498A is invoked, they were carrying on with their marriage,” she said.
Ms Anita Jain, lawyer at the same court, agreed. “Men are happy with the fact that the Section 498A which was being grossly misused will now be relaxed in their case,” Ms Jain said.The advocates said that men seeking divorce now are those who have been in the marriage for a considerable period of time.“Though they were unhappy with their wives, they could do very little to ensure the well-being of their family members,” Ms Deepak said.
