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fighting back (exec)     24 November 2014

False dowry charge ground for divorce, supreme court rules

 

 

https://timesofindia.indiatimes.com/india/False-dowry-charge-ground-for-divorce-Supreme-Court-rules/articleshow/45253503.cms

False dowry charge ground for divorce, Supreme Court rules

i want to ask, if this judgement is only in favor of 498a cases which have dowry allegations. but will this also be applicable to DV cases which have allegation of dowry demand? 

it is important to know this as most of the DV cases too have allegations of dowry demand, so if this judgement can be interpreted to apply it to DV cases as well? 



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 2 Replies

VC Legal, Advocate Bombay High (Lawyer)     24 November 2014

Yes !!  it is ground.

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fighting back (exec)     24 November 2014

if we interpret the present judgement/ruling of the SC only on the basis of ' false accusations of dowry' not taking into consideration on what specific section this judgement was given (in this case it was 498a) then a lot of people would get divorce, as almost all kinds of petitions filed directly in court have accusations of dowry harrassment and dowry demands, be it 125, HMA 24, even RCR cases have sprinklings of accusation or dowry demanded to the sati savitri naari, and inspite of this demand this naari is ready to live with the husband via RCR decree.

so in short, is it ok to interpret this judgement/observation/order to fit into any case which has a dowry element added to it, like cases of 125, RCR, DV. HMA 24 etc.........

also request other experts to share their views on this .

thanks


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