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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     05 December 2008

DOWRY GIVERS to be prosecuted ... Delhi High Court

Dear All,


The following appeared in  "Hindustan Times", New Delhi Edition on December 05, 2008, page no. 01.


May be useful for future references.


Keep Smiling ... HemantAgarwal


 


COURT ORDERS FIR AGAINST WIFE, HER PARENTS FOR GIVING DOWRY.  


FINE PRINT - Case boomerangs on dowry givers                             


 


THIS MAY act as a reminder that 'giving' dowry is also an offence. In perhaps the first case of its kind, a noida court has ordered the registration of a criminal case against a woman, her parents and brother for allegedly giving dowry.


The Noida chief judicial magistrate ordered the registration of an FIR against Sarita (name changed) and her family members after her husband Hari (name changed) filed a complaint alleging that they were trying to extort money by filing a dowry demand case against him. Hari is an engineer.


Hari, who spent a week in jail af ter the allegation, said the police did not verify the financial background of his in-laws who claimed they had given Rs 12 lakh and a Maruti Alto as dowry to him.


Hari also contended that, in any case, dowry givers are considered accomplices under the Dowry Prohibition Act Hari used the Right to Information (RTI) Act to challenge his wife's claim and the police's refusal to register a case on his complaint.


The RTI reply showed that the police registered the case against Hari on the verbal complaint of Sarita and that the charges against him were never verified, his counsel Pradeep Nawari said.


The Delhi High Court had recently said women or their parents who go ahead with marriage despite dowry demands from the bride-groom's side would have to be seen as "accomplices to the crime" and "will face prosecution" under the Dowry Prohibition Act.


 



Learning

 15 Replies

aatma   05 December 2008

Good News. Somebody is going to save the justice from the legal terrorist group.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     05 December 2008

Its a good news . . . . several innocent husband, his parents, brothers, sisters were arrested on false dowry complaints made with intention to take revenge . . . . now the wife has to think twice before lodging a false dowry complainant else it may boomerang on her . . . radical judgement by Delhi HC.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     05 December 2008

CAN ANY OF OUR LAWYER FRIENDS BE ABLE TO  GET A FULL TEXT OF THE ABOVE JUDGEMENT SO THAT IT WILL BE USEFUL FOR ALL.

Shree. ( Advocate.)     06 December 2008

That's a good news for men, but very bad news for womens'.


This is a great judgement. All false dowry case filers will think twice doing so in future.

N.K.Assumi (Advocate)     07 December 2008

yes, text of the judgement will be very helpfull.

AEJAZ AHMED (Legal Consultant/Lawyer)     14 December 2008

Its a Very Good News but, but as per me it won't affect for the people who use 498-A against husband and In-Laws 

aatma   17 December 2008

Those 498A ladies usually start with the precoating - "DOWRY WAS GIVEN ON ENGAGEMENT OR MARRIAGE."  Dowry is their major "masla ingredient" to cook false 498A against husband and his family.


In their book DOWRY and 498A  are inseparable ingredients!

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 December 2008

But there must be an evidence to prove the case of the Husband and Inlaws against the wife that the case is a false one ?

aatma   19 December 2008

Even if it is true, according to the dowry law both must be punished. Surprisingly this never happened.  Indian laws are always imbalanced and onesided. 


DP act sections 3, and 5:



3. PENALTY FOR GIVING OR TAKING DOWRY.



 



- If any person, after the commencement of this Act,gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.



 



 



5. AGREEMENT FOR GIVING OR TAKING DOWRY TO BE VOID.-Any agreement for the giving or taking of dowry shall be void.



 

anshu shekhar (service)     19 December 2008

thx for update


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 December 2008

really a grat news for the people of India. The evil of DOWRY should be ousted like that.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 February 2009

But has anyone seen any success in filing cases for giving dowry in Delhi?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 February 2009

really great news. Its is gud step to stop the evil of dowry demands/ dowry deaths.

Sukhija (Advocate)     03 December 2009

pl do give the citation of above judgement at least, so that it can be helpful in DV act as most of the cases r filed after relations get soared that there was demand of dowry....and we had given so much n now so called shree dhan be returned to me....


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