Wife-beating cases: Maha amends law

MUMBAI: Fifteen years after cruelty to wives was introduced as a serious offence in India with no provision to enable the wife to withdraw her complaint, the Maharashtra government has decided to amend the law to allow for an out-of-court settlement. The state government's decision is significant because only last week the Bombay HC held exactly the opposite — that a wife could not withdraw charges of cruelty against her husband or opt for an out-of-court settlement. The full bench had added that such cases could at best be quashed, but sparingly so, by HCs. Cruelty to wife is a cognisable, non-bailable offence under Section 498-A of the IPC that attracts up to three years in jail and a fine. Last month, Maharashtra asked the Centre to approve its decision to amend 498-A and make it 'compoundable' — in other words, to allow the wife to withdraw her charges against her husband and in-laws and mutually settle the case out of court. The state is hopeful that the Centre will approve the amendment soon since there is a precedent: Andhra Pradesh has permitted wife-beating cases to be mutually settled by husband and wife. Maharashtra, a state known for its progressive legislations, has decided that "mutual settlement" ought to be permitted so that "genuine cases" are not deprived of an early closure, said a law department official. "The most flimsy cases are filed," he said. "One slap has also resulted in a 498-A case". The state said in its note to the Centre that there were cases where the couple patched up after a complaint was lodged and the husband arrested. Despite their patching up, however, the criminal proceedings continued.
The Times of India; 19 Mar 2008, 0247 hrs IST , Swati Deshpande , TNN