Guidelines and directions to social NGOs, police, lawyers and courts in 498a and 406 matters in order to salvage and save the institution of marriage – Delhi HC

 

1. Social workers/NGO

There is no iota of doubt that most of the complaints are filed in the

heat of the moment over trifling fights and ego clashes. It is also a matter of

common knowledge that in their tussle and ongoing hostility the hapless children

are the worst victims. Before a wife moves to file a complaint with the Women

Cell, a lot of persuasion and conciliation is required.

(a) The Delhi Legal Service Authority, National Commission for Women, NGO?s and

social worker?s working for upliftment of women should set up a desk in crime

against women cell to provide them with conciliation services, so that before

the State machinery is set in motion, the matter is amicably settled at that

very stage. But, if ultimately even after efforts put by the social workers

reconciliation seems not possible then the matter should be undertaken by the

police officials of Crime against Women cell and there also, serious efforts

should be made to settle the matter amicably.

 

2. Police Authorities:

(a) Pursuant to directions given by the Apex Court, the Commissioner of Police,

Delhi vide Standing Order No. 330/2007 had already issued guidelines for arrest

in the dowry cases registered under Sections 498-A/406 IPC and the said

guidelines should be followed by the Delhi Police strictly and scrupulously.

(i) No case under Section 498-A/406 IPC should be registered without the prior

approval of DCP/Addl. DCP.

(ii) Arrest of main accused should be made only after thorough investigation has

been conducted and with the prior approval of the ACP/DCP.

(iii) Arrest of the collateral accused such as father-in-law, mother-in-law,

brother-in-law or sister-in-law etc should only be made after prior approval of

DCP on file.

(b) Police should also depute a well trained and a well behaved staff in all the

crime against women cells especially the lady officers, all well equipped with

the abilities of perseverance, persuasion, patience and forbearance.

(c) FIR in such cases should not be registered in a routine manner.

(d) The endeavor of the Police should be to scrutinize complaints very carefully

and then register FIR.

(e) The FIR should be registered only against those persons against whom there

are strong allegations of causing any kind of physical or mental cruelty as well

as breach of trust.

(f) All possible efforts should be made, before recommending registration of any

FIR, for reconciliation and in case it is found that there is no possibility of

settlement, then necessary steps in the first instance be taken to ensure return

of stridhan and dowry articles etc. by the accused party to the complainant.

 

3. Lawyers:

Lawyers also have a great responsibility in this regard.

(a) While drafting pleadings/complaints, the lawyers should not unnecessarily

suggest incorporation of wild allegations, or in character assassination of any

of the parties or their family members whatever the case may be.

(b) Lawyers are also to endeavour to bring about amicable settlement between the

parties as they are expected to discharge sacred duty as social engineers in

such cases instead of making them target for monetary considerations by

multiplying their cases.

 

4. Courts:

Subordinate courts, be it trying civil or criminal cases concerning bail,

maintenance, custody, divorce or other related matters shall in the first

instance, in every case where it is possible so to do consistently with the

nature and circumstances of the case, to make every endeavour to bring about

reconciliation between the parties.

a) The first endeavor should be for possible reunion and restitution of the

parties and as a last endeavor to bring about peaceful separation.

b) If possible extra time should be devoted to such matters to restore peace in

the lives of rival parties be it by re-uniting them or even in case of their

parting ways.

c) Conciliatory proceedings by the court should preferably be held in camera to

avoid embarrassment.

d) Wherever, the courts are overburdened with the work, necessary assistance of

Mediation and Conciliation cells should be sought.

Apart from above directions it would not be out of place to ask parties

also to themselves adopt a conciliatory approach without intervention of any

outside agency and unless there are very compelling reasons, steps for launching

prosecution against any spouse or his/her in-laws be not initiated just in a

huff, anger, desperation or frustration.