Misuse of 498a Act in India

Submitted by suresh (India), Oct 17, 2009 at 06:07

Suhaib Ilyasi was in controversy after the dispute over his daughter Aaliya's custody rose soon after Ilyasi's wife Anju committed suicide on January 10, 2000 at her Mayur Vihar apartment in east Delhi. There is a popular perception that Ilyasi' case is a classical example of the gross misuse of Dowry Act (498A). While his mother–in-law, Rukma Singh wanted custody of the child on the ground that she had the right under Muslim law, Ilyasi had taken the plea that his marriage with Anju was not solemnized as per the Muslim law but had been a civil affair. His sister-in-law Rashmi Singh had filed a complaint with the police against him in February that year, alleging that he used to torture his wife Anju for dowry.

The case took bizarre turn when Anju's brother Prashant Singh and father Prof K P Singh took a diametrically opposite stand and described the allegations against Ilyasi as "rubbish." Prashant told Express Newsline: "whatever my mother and sister Rashmi are stating against Suhaib Ilyasi is a lot of rubbish. There is no truth in their statement or in the charges filed by the police against Suhaib. If you are holding Suhaib responsible for Anju's suicide, then my mother and sister are also to blame, as they unduly interfered in their family matters.

K P Singh, a retired IIT professor, agreed with Prashant. "My wife and daughter are breaking up my family". Both Anju's father and brother allege that Rukma and Rashmi have given statements against Suhaib as 'they wanted custody of baby Aaliya. When Ilyasi delayed that, they put him in trouble.'

Anju's mother Rukma Singh had changed her earlier statement given in January, 2000, in which she had stated that she did not suspect any foul play by Suhaib Ilyasi. However when Ilyasi refused to give custody of his daughter, she change her statement and alleged dowry harassment against Ilyasi.

It has been alleged for long that Dowry Act (498a) in India is being consistently mis-used by clever women for extortion and blackmailing. The NCRB records suggest that during 2005-2006, 94% of the 498A, 304B cases filed by women or by her relatives were primarily to settle scores.

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