Dowry law is not for personal vendetta: court


Dowry law is not for personal vendetta: Court

http://www.deccanherald.com/content/196458/court-expresses-concern-over-misuse.html

 

A Delhi court has expressed concern over the misuse of dowry laws as a tool to take revenge while refusing a plea of a woman who wanted action against her husband and in-laws for alleged harassment.

 

The court also noted that women victims having matrimonial discord generally roped in the whole family as accused just to settle personal scores even though there is no evidence against them. Additional Sessions Judge Kamini Lau dismissed an appeal against an order acquitting Delhi resident Sanjay Kumar and three members of his family on a dowry harassment complaint filed by his wife in 1999 on the ground that her allegations did not find any independent corroboration.

“I may further observe that Section 498A IPC (husband or relative subjecting a woman to cruelty) in the recent years has become consummate embodiment of gross human rights violation, extortion and corruption and even the apex court of our country had acknowledged this abuse and termed it legal terrorism.
The provisions of Section 498 A IPC are not a law to take revenge, seek recovery of dowry or to force a divorce, but a penal provision to punish the wrong doers,” judge Lau said.

He also said the courts should not be exploited to work for personal vendetta.
“Courts cannot be a party to any kind of exploitative situation and it is necessary for every complainant to remember that it is only an honest complaint which succeeds in law where contents are supported by facts on the ground and persons, who are not connected with the harassment, should never be arrayed as accused. “The platform of the courts cannot be permitted to be used to wreak personal vendetta or unleash harassment and the tendency of the complainants to come out with inflated and exaggerated allegations by roping in each and every relation of the husband is required to be deprecated,” the court said.

Refusing to interfere with an order acquitting Kumar’s family members, the court said even the father and brother of victim Veena did not support her allegations given in an FIR with Jehangirpuri police station in north Delhi.

   A metropolitan magistrate in April this year absolved all the accused in the case finding saying no substance in her charges.

In the verdict, the court also gave a piece of advice to Veena, quoting poet Sahir Ludhiyanvi, that she should dissociate herself from sour relations rather than being revengeful. “Not all relationships are successful. In fact, most relationships which appear to succeed are only based upon compromises.

Let go the past which is painful since attaching yourself to it will only give pain and miseries and help none,” the court added

 
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Worker

whats wrong, Sam ?


was the judge, as an elderly person, wrong in giving such advise to the errant wife ?

 
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yes, they deserve punishment for false allegation, because they know that there wont be any punishment, they take this money miting game, if money comes luck else, heck, what so? Judges shuld punish few with hefty maintenance back to husband for harassment, only then this will be solved,

 
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Worker

Originally posted by : Sam'z Back !!

No there is nothing wrong with the advise in the form of poem . But dont you think such women deserve a severe punishment and not a mere advise ??

 

unfortunately, there is no provision for punishing ...

mere advise can be given ... the judge did the same ...

 
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Fighter

Agree judge act within law limit, however respondent have remedy available to them and they should explore options of punishment to wife under various sections for filing of false cases ..

 
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For justice and dignity

The above case may be false/highly exaggerated.I dont deny that. But just wana share someth.,if it can help even 1 person understand from an aggrieved girl's point of view,who files these cases..

 

when a woman is broken due to unending abuses,,she becomes revengeful.revenge happens when she initially tried all ways to get the right to live with husband respectfully.but the efforts failed as the hearts of in-laws,husband did not get melted.they continued harassing.

seeing her own pitiable condition,and the distress in her parents' eyes who spent all their savings on her marriage,she gets revengeful.I dont condemn such revenge if it is dun to get back her rights.by calling her revengeful,we sound as if a lady cannot stand up for herself.

 

we teach our children to stand up when bullied ,grooming centres teach the same thing to students in personality dev. classes,that they shud not take anyone's sh*t.

then we have our labour laws wherein a person is within his rights to take action against erring employers if he deprived of his human rights to work in healthy environment.


we have rights for elderly parents that they can sue the son/daughter if he's illtreating them,and/or not giving maintenance.

 

why do we find all these rights justified?why dont we call them also revengeful and legal terrorists?why dont we tell these people to forgive the errant,forget about getting their due,and move on in life?

is it that india particularly hates women so much that while it lauds the fighting spirit of the wronged parent,child & employee,it calls a litigant wife all bad names,as if she shud not feel any pain.as if she is a stone.

Havent you heard of phoolan devi case?although it was a rape case,she turned revengeful as no one had helped her get justice after the rape.

 
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Roshini, being a man wife takes place ritually in India. Some men may not obey the law of our marriage system, but these days women were too self pertaining in marriage relationship. Women sees that a man to whome she was married should only share everything with her, from some prospective it feels binding of the relationship, but when turns volient with abuses on husband, there starts the struggle. Today evey woman wants her husband to get separated from his family regardless of their dependancy. If husband didnot listen to her, SO CALLED WILL DRAG HIM and FAMILY FOR AN ONE TIME SETTLEMENT.

This is happening all over INDIA. No CASTE/COMMUNITY is exception. Even SUPREME COURT pointed out misuse of 498a IPC.

YOU are asking to see from a woman's prospective, If you living in INDIA, you might have experienced the generosity of men towards women. Our country INDIA is a WOMANISED country. Here we only heed to the words of women only.

Today woman is capable of living without aid of a man in india. Woman is starting to take her rightful place in every sector in india. Woman is powerful mind palying machine, so manipulative and seems pityful at others. She got the laws for abusing anybody in the society and can revenge against anybody in INDIA, even on Dr. MANMOHAN SINGH.

 

You should know that the people commented on this thread were also womanisers in a way. let me explain.

Take this situation for example:

1. A man standing on a HIGHWAY road with his bike/car broke down. As everybody passes a percentage of 2 people out of a 100 will help him.

2. A woman standing on a HIGHWAY road with her bike/car broke down. A percentage of 98 people out of 100 will help her.

 

This is because MEN think of flirting a woman by helping her, its a man thing. But he will not help a fellow man as he cannot flirt him unless he is GAY. A man between ages 14-96 looks at woman body parts. In India having SEX is immoral thing in the society by some means.

But on the other hand, before MEN could change their attitude, women started harassing the men for their attitude towards women capitalising the fact. This is where all women laws come into action.

 

Think forward madam ji, nobody is innocent in this present society. Due to man's s*xual desire and attitude towards women is costing his and many others in same way..    

 

 
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