Upgrad LLM

dowry giving is not an offence


ADMISSION OF DOWRY GIVING IS NOT PUNISHABLE – DELHI HIGH COURT SAYS SO:

Repeatedly on this portal it has been canvassed that if dowry taking is an offence, the dowry giving is itself an offence under the dowry Act and hence, the wife and her parents shall be punished.  It has also been advised that the husband who is facing dowry charges must register FIR under the dowry Act against his wife and in-laws for giving dowry and give them the taste of criminal law and retaliate for filing Section 498-A case.  In support of their argument, the judgment of Neera Singh Vs. State (138 – 2007-DLT-151)  delivered by Justice S.N. Dhingra of hon’ble Delhi High Court and the judgement of Justice Kamini Lau, Additional Sessions Judge are relied.

The hon’ble Delhi High Court speaking through Justice Ajit Barihoke in “Pooja Saxena Vs. State” (W.P. Crl. No.501 of 2010) on 20th October, 2010 held that the dowry givers are not punishable under the Act by virtue of the protection given to them in Section 7(3) of the Act.  This judgement took into consideration that how the wife and her family become “the victim of circumstances” while giving the dowry.  The judgment of “Pooja Saxena” delivered by Justice Ajit Barihoke and the judgment of “Neera Singh”  delivered by justice S.N. Dhingra are single bench judgments and have no over-riding effect, the former referred the later judgment and distinguished it on the basis of law, as the latter judgment has not taken into consideration of Section 7 (3) of the Act.  I attach herewith the “Pooja Saxena” judgment for your ready reference.                                                                          


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judgement is attached.



Attached File : 26 26 pooja saxena.pdf downloaded 305 times

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Nationalist

It is a good judgement and this is a well established fact that dowry get extracted from the bride party and also it well established fact that the rate of "GROOM" is open and being published in newspaper and magazines time to time.

Even a constable atract anywhere around 3 lakhs.

And there is no way out for bride side who goes for arrange party, apart from the dowry bridr side faces so many other difficulties/humiliation etc.

Tightening screw on groom side is very much necessary for better health of society.

 

Adv. Prabhakar sir I admire you in this regard that u spare your time for this social service. Just keep it up.


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off

The indian judiciary favours only females in this country

Pl. give a big APPLAUSE to our GREAT INDIAN JUDICIARY SYSTEM for this type of favourism towards brides.

How the judges were convinced, not known?

If a person violates the traffic rule and causes accident in public/inconvenience, will the system allows him/her to escape without fine?

What is the necessity for the parents of the girl to go further forward when there is demand for dowry with the unenviable situation?

They should / must stop the marriage instead of going forward with that kind of persons to avoid further humiliation in the future course.  Are they(parents of the girl) are not enough matured to take a decision. 


 


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Bravo OH 'innocent' abala men and women of LCI……..


hureeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee


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after a large................

 

again

hureeeeeeeeeeeeeeeeeeeer eeeeeeeeeeeeeeeer ererererererererer

for-----------------------

 

Bravo OH 'innocent' abala men and women of LCI……..




 


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propra

A good judgement......Honestly

 

Thanks to Prabhakar ji.

 

It would only promote justice and nothing else.

 

It wud encourage those to speak out about atrocities who were otherwise hesitant due to the clause 'giving dowry is also an offence'

 

When it becomes unbearable and unjustifiable and unending demands from husband's side, then and then only..... a father of daughter takes these measures to complain bcos he feels helpless and only as a last resort ......to get justice against atrocities commited against his innocent daughter.

 


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propra

Even 'bribe givers shud be pardoned' in the same in the lights of the facts and circumstances of each case.

 

 

Nobody gives bribes voluntarily unless 'the bribe giver' has to circumvent unfavourable things into favourable, which otherwise are bound to go against him.

 

But many places people helplessly give bribes as it has become 'a routine' and de faco norm, and even genuine people are also harrassed as if bribe has become a commission/ziziya tax!!!!

 

 
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Good judgement

Infact, Dowry originated in upper caste families as the wedding gift to the bride from herfamily. The dowry was later given to help with marriage expenses and became a form of insurance in the case that her in-laws mistreated her. Although the dowry was legally prohibited in 1961, it continues to be highly institutionalized. The groom often demands a dowry consisting of a large sum of money, farm animals, furniture, and electronics.

 

 

The practice of dowry abuse is rising in India. The most severe in "bride burning", the burning of women whose dowries were not considered sufficient by their husband or in-laws. Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide. It is evident that there exist deep rooted prejudices against women in India. Cultural practices such as the payment of dowry tend to subordinate women in Indian society.

Though prohibited by law in 1961, the extraction of DOWRY from the bride's family prior to marriage still occurs. When the dowry amount is not considered sufficient or is not forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate to the point where the husband or his family burn the bride, often by pouring kerosene on her and lighting it, usually killing her. The official records of these incidents are low because they are often reported as accidents or suicides by the family.

If any person, afterthe commencement of Dowry Prohibition Act, 1961, gives ortakes or abets the giving ortaking of dowry, he shall be punishable with imprisonmentforaterm which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees orthe amount of the value of such dowry, whichever is more. Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.

If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonmentforaterm which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees.

 


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Nationalist

Taju Mian,

Even a general person’s comment/views are useful in any matter.

By the u have not mentioned, what type of professional u are?

Your reply/views too are useful and appreciable, be it right or wrong, since wrong too has many takers and for them at least keep your efforts up.

 

Anyway, Taju Mian I have one suggestion, just use decent language to express ur views, since female and decent members too visits this sites. so, do use filthy/vulgar language.

 
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