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(Guest)

Dowry laws

 My husband send a letter to my mother department by saying that to question her through her principal about the dowry and also said that they did not recieve any kind of dowry at the time of marriage  and also request the department to dismiss her from the service if she agrees to that.my 498a case is under trial ,he does not have the permission of the court to ask all these and with help of his advocate he is doing such things.

My mother is employee of state gov. she is a wittness in my 498a case. 

Before this letter he sent so many RTI application to my mother deparment to know about the loans, leaves  she took at and before for my marriage and higher studies. when she put the objection and stop him to get the informations about the things now he took this step to dismiss my mother from her service.

Is there any judgement from supreme court to help my Mother.???

How to stop all the harrassment by him.???

 

Please help!!!!



Learning

 17 Replies

498A Missile (Engineer)     09 June 2012

You harrassed him by 498A it's not harrassment ?.

You fired him first and you are getting backfired now......


(Guest)

Please give more details about your case. If your mother can be dismissed or not will depend upon the allegations in your complaint.

Do you have proofs of dowry given e.g. bills/bank statements?

He does not need court permission to file RTI, it is his right.

Adv. Chandrasekhar (Advocate)     09 June 2012

I already advised you to engage a good advocate who is capable in criminal laws, matrimonial laws and can put efforts in studying right to information Act.  It does not appear you have put sufficient efforts in that direction and came back with the same type of questions.  In the given cirucmstances my advice is as follows:

Your advocate / prosecution has to move an application before the magistrate, who is trying Section 498-A, seeking the withdrawal of bail granted to husband as he is approaching the witnesses employer asking them to dismiss the services of the witness, who is a potential / material prosecution witness in Section 498-A case.  Along with this application his letters to the employer has to be annexed.  The bail granted to the accused has implied meaning that he will not create any obstructions in administration of justice by approaching the witnesses either directly or indirectly.  If the magistrate does not allow your application, you have to move to Sessions court in revision.  Again from session's court to appeallate provision is there to High Court.   Your offensive step for cancellation of his bail put him into corner and stop meddling into your case and attack on your parents.

Next, you have to understand very clearly that giving dowry is not an office, which can be prosecuted as there is a protective provision Section 7(3) in the dowry prohibition Act.  So your mother/father cannot be prosecuted by court of law or the employer.  If there are any departmental rules and regulations, which prohibit dowry giving and prescribe the punishment of dismissal, then it is ultra-vires of the statutory provision, i.e., Section 7(3) of the D.P. Act, so that particular rule will be struck down by the court of law.  So, your cannot be dismissed from her services.  What you need is to engage a competent advocate to defend your and your mother's rights effectively.

I enclose herewith a judgement of Delhi High Court, which quashed the FIR filed by the husband against his in-laws on the ground that they had given dowry and it was offence and they should be prosecuted.  This judgment, I think has been upheld by the Supreme Court, but I do not have that judgement right now with me.

The courts in India very well know in what duress the poor parents of the bride pay the hefty dowry pretending that they are giving it voluntarily.  That the courts also know the tactics and pressures apply by the boy's side to extract as much dowry as possible talking about their clan, caste, financial and social status, colour and health of a boy.

Finally, if you want to fight injustice, you should be ready to get bruises.  Fighting injustice takes its toll-mental, physical and financial.  So, once you decide to fight not to turn back seeking sympathy.  

Engage a good advocate from your area and win the case.    


(Guest)

@498A Missile

and 498akadushman

 go to hell with your @$$!-!0le ideas about marriage and laws. please in future do not reply any of my post.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 July 2012

Dear Querist

you should filed an bail cancelation application before the court with the allegation that he is tring to threating and pressuries to witness.

Feel free to call


(Guest)

Hahaha

Your frustration and anguish clearly suggests you have filed false case claiming to have given huge dowry when in reality your family is just hand to mouth. And now you do not want advice but a comforting advice and consolation.

But come to real world dear, your mother can lose her job and if husband complains to Income tax department, get ready for 3 years of harassment from Income tax department also.

BTW read this....some text from good judgment by Justice Dhingra.

And this forum is not owned by you or your "hands to mouth" ancestors. But your language is just a reflection of how your parents have brought you up.

"Only oral statement of complainant and her parents is there in respect of cruelty and dowry demand, and normally there is no agreed list of articles given at the time of marriage Dowry Prohibition Act proved futile to bring to an end to the evil of dowry for this reason. Mere oral allegations of giving huge dowry without substantiating these allegations by bills of purchase of the articles or list prepared at the time of marriage and signed by both the parties cannot be given credence. Even those people, who have meager salaries or are hand to mouth, claim of giving huge amounts at the time of marriage."

 

Originally posted by : jui

@498A Missile

and 498akadushman

 go to hell with your @$$!-!0le ideas about marriage and laws. please in future do not reply any of my post.

(Guest)

This is your about me  at the end..

Isn't this "Go hell with your mothers and Sisters" anti-women? Only wives are women...right??

Just another confused ill-educated desi girl?

https://www.lawyersclubindia.com/forum/Re-Rti-help-56669.asp

It seems you are already being troubled by income tax. If you have given so much dowry from hard earned money why don't you tell Income tax department inspector to get the hell out of your house??

"Hello, Visitors.

Thank you for your suggesstion for my quiries. and hope will get the same in future.

 

Please the anti-women supporters request you guys not to post or give your dirty and bullssh*ts ideas here, you Shonee kapoors chamchas dont ever post on my post. Go hell with your mothers and Sisters."

mohan (Engineer)     15 July 2012

@Jui

What I found that your very strong comments to "498A Missile" and 498akadushman;  such as ""go to hell with your @$$!-!0le ....." is not good.. This is a pulic forum and they gave their opinion..How come you can say that " go to hell"..In this living world every body are have certain problems..

In this forum I will requst not to put such word to others..Me, you or any body don't have right as all are human being..
  Because many false 498a are coming, so better t think a bit before puting some words..
1 Like

Tajobsindia (Senior Partner )     15 July 2012

@ Lord .......,

 


What you are talking here!

 

1. Read The Central Civil Services (Conduct) Rules, 1964

 

Rule 13: Gifts (dowry)

 

Acceptance of dowry by Government servants:

 

It is provided in this Ministry’s OM No. 25/8/57-Estt.(A) dated the 25th March, 1957 (not reproduced) that dowry should be regarded as a customary gift which a Government servant may accept without prior sanction and that subject to the provisions of the rules relating to gifts and transactions in immovable and movable property, all such gifts should be reported to the Government or other prescribed authority.

 

2. The matter has been reviewed in the context of the provisions contained in the Dowry Prohibition Act, 1961. Section 2 of this Act defines dowry as ‘any property or valuable security given or agreed to be given directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before the marriage as consideration for the marriage of the said parties, but does not include dowry or mahar in the case of persons to whom the muslim Personal Law (Shariat) applies’. For removal of doubts Explanation I below Section 2 declares that ‘any presents made at the time of marriage to other party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of the section unless they are made as consideration for the marriage of the said parties’. Persons who are guilty of giving or taking or abetting the giving or taking of dowry, or demanding any dowry, directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, are liable to the punishments prescribed in Sections 3 and 4 of the Act. In the circumstances, Government servant should not give or take or abet the giving or taking of dowry; nor should they demand dowry, directly or indirectly, from the parents or guardian of a bride or bridegroom as the case may be. Dowry can, therefore, no longer be treated as ‘customary gift’ as has been stated in this Ministry’s OM of 25.03.1957 referred to in para 1 above (not reproduced). Any violation of the provision of Dowry prohibition Act, 1961 by a Government servant will constitute a good and sufficient reason for institution disciplinary proceedings against him in addition to such legal action as may be taken against him in accordance with the provisions of the Act.

 

3. Receipt of presents by Government servants at the time of their marriage in the form of cash, ornaments, cloths or other articles, otherwise than as consideration for marriage from relatives and personal friends will be regulated by sub-rules (2) of rule 13 of the Central Civil Services (Conduct) Rules, 1964. The receipt of such presents from persons other than relatives and personal friends, will be regulated by sub-rule (1) of rule 13 ibid read with sub-rule (3) thereof. Purchases of items of movable property for giving presents at the time of marriage will be regulated by rule 18 (3) of the Central Civil Services (Conduct) Rules, 1964, like other transaction in movable property.

 

This Ministry’s OM No. 25/8/57-Ests.(A) dated 25.03.1957 (not reproduced) may be treated as cancelled.

[MHA OM No. 25/37/65-Ests.(A), dated 30.08.1965]

 

 

2. Although S. 7 of the Dowry Prohibition Act, 1961 does provide immunity to the complainant against prosecution but remember, that the immunity is available only in that instance of Dowry Prohibition Act, 1961 under which case of "Dowry demand and taking" is running. This means that we cannot arrey the accused in the same case under S. 319 of the CrPC. However, nothing stops the husband from filing a new case based on their confessional admission. And in that case the husband (complainant herein) shall be provided the immunity.

 

Read the annexed Judgment now.

 

 

3. @ lady author; Now-a-days bride and kin are also in the dock by "giving" dowry

 

Read below news link of Magistrate order

 

https://articles.timesofindia.indiatimes.com/2009-06-07/delhi/28190315_1_dowry-prohibition-act-dowry-harassment-case-dowry-demands


4
. @ Lady author; I know your mother is librarian under State Govt. and your father works for SBI.

 

Lord Chandu, read Services (Conduct) Rules of SBI Staffs on DOWRY and liabilties read with assets declaration that an employee has to periodically put before department (that is exactly what the lady author's husband is asking via RTI)

 

Rule 20.1 SUBMISSION OF STATEMENT OF ASSETS & LIABILITIES

Rule 20.2 DATE OF ASSETS & LIABILITIES STATEMENT AND LAST DATE OF SUBMISSION

Rule 20.4 FORMAT FOR ASSETS & LIABILITIES STATEMENTS

Rule 20.8 CONFIRMATION IN BRANCH MANAGER'S MONTHLY CERTIFICATE

Rule 20.9.2 NATURE OF INFORMATION TO BE INCORPORATED IN THE RETURN

Rule 20.9.3 WHY SHOULD AN OFFICER SUBMIT THE STATEMENTS?

Rule 20.10 STEPS TO BE TAKEN IN CASE OF NON-SUBMISSION OF THE STATEMENT

Rule 20.1 STATEMENT OF IMMOVABLE PROPERTY

Rule 20.2 STATEMENT OF ASSETS & LIABILITIES


Rule 21 SBI O
FFICERS SERVICE RULES AND SBI GENERAL REGULATIONS


Rule 21.5 EVIDENCE IN ENQUIRY, C
OMMITTEE, ETC.

Rule 21.6 RECEIVING COMPLIMENT ARIES, VALEDICTION, ETC.
Rule 21.7
ACCEPTANCE OF GIFT BY SELF AND FAMILY, AND DOWRY
 
Rule 21.13
DISCIPLINE AND APPEAL
Rule 21.13.1MINOR PENALTIES
Rule 21.13.2MAJOR PENALTIES

 

Her father has already filed his statements as per above specific Rules when he got the job at SBI and such statements are periodicaly updated as per SBI Staff (Conduct) Service Rules. The @ lady author’s husband has done a legitimate RTI enquiry to his wife’s father’s Department to verify 'dowry" beyond his means that his daughter probably may have alleged in her Complaint case.  Now his FIL is in dock as to how he can justify from where he got money to pay “huge dowry” as alleged in his daughters various complaints that's why her earlier post (link is mentioned below) was on TEP on her father and how to save him - it is as simple a defence as one (proposed) accused can seek as his fundamental Rights otherwise also he can put witness list and get all these documents in Court but that is a longer process we activits know that. 

 

Also note Lord Chandu and @ Lady author S. 10(1)(b)(i) of the Banking Regulation Act, 1949 read with Para 521 (2)(b) of Shastry Award your father is liable to be dismissed from his SBI service. I hope I applied enough anemia to your advocacy talk on this Sunday if not then ask specific question on State Rules I will give you specific Service Rules on giving / taking dowry is crime and I can also prove here in forum how now your mother services can be dismissed / terminated (it is other matter that I can also come handy to help you to get them re-instated in their respective Jobs and may help you with Writ Petition and specific Court Rulings on such cases of instances where parents services were terminated by Department on account of giving dowry and later re-instated).

 

 

@ Lady Author,

 

I recollect giving reply to your earlier post https://www.lawyersclubindia.com/forum/Re-Rti-help-56669.asp where your Father was in dock on TEP with IT Authorities. This time it seems your lovely husband is putting your mother in the dock.  


Donot loose hope Lord Chandu is always there to protect abalas interests who give 'huge dowry" beyond their means and later use sari, sindoor and glycerine that is why abalas always admire his services..

 

PS.: Notes on Shastry Award FOR LORD Chandu in case you say how it is applicable here and I’m just time passing yet again with you on Varsha Kapoor J

 

The history of these Awards is to be found in the Introductory Chapter of the Report of the Desai Award. Shri Shastri, a retired Judge of the Madras High Court, was appointed an Industrial Tribunal, in 1952, under Section 7 of the Industrial Disputes Act and certain disputes were referred to that Tribunal for adjudication under Section 10 of that Act. The Award given by that Tribunal, in 1953, is known as the 'Shastry Award'. In 1960, A National Industrial Tribunal, presided over by Desai J. of the Bombay High Court was set up by the Government of India, and several disputes relating to Banking Companies and their employees were referred to this Tribunal under Section 10 of the Industrial Disputes Act. The Award given by this Tribunal in the year 1962 it known as the Desai Award. It modified and substituted the terms of the Shastry Award in certain respects, into the details of which it is not necessary to go into in the instant case.


Ta ra rum pum pum………..


Attached File : 214389411 hc delhi 498a acquittal 2007 7262 2006[1].pdf downloaded: 144 times
2 Like

rajiv_lodha (zz)     15 July 2012

@Jui!

This is a public forum. U can not ask for those things only which please u. If visitors post their views u can not block them. Rather find cover from the missiles ur husband is launching. Now the time has come to paback.

HATS OFF TO UR HUSBAND FOR SCREWING THE 498A GANG SO NICELY VIA RTI

Shankar (Adv)     15 July 2012

Jui,

 

At the outset I would like to say that please don't use the words you have used.

 

Comming to your query - The two things you have mentioned - the use of RTI and departmental complains are standard templatized things mens organization are suggesting these days.  Our firm has successfully helped woman against all these two  in the past.

There is a proffessional way of handling them and ensuring that they don't harm you, your family or your case. 


(Guest)

Mr. MOHAN  and others who does not like my comment for "498A Missile" and 498akadushman is not my problem at all, who asked them to put their so called views , if they are anti -women ( wife) so they can ignore that topic , I didn't seek or ask their views for my quiries. Every Human being should stay in their limit, the time they will cross it they have to bear it.  so please before  giving any direction or request plz check yours.


(Guest)

 

@498akadushman If  the girls are  not brought up the way you want who told you and your family to run and dance behind them for marriage. you guys will get married for money and girls body to please you , The time responsibilities comes as babies you guys will start tourching the girls and make them emotional fool and married to some other Girl is nice and highly appriciative brought up by your parents. why you hate girls because they are asking maintenence for your child and being wife ( a curse), is this is her fault.??? when you boys cannot take responsibility dont get married . no body forced you to get married , and coming to my case of 498a , don't justify everybody with your truth ,  Couples have differences, when you can respect your mother and sister , why not your wife ??? she is also some1s sister and your kid mother. deos the wifes deserve to be killed, half burned, forced her to abort the child  and poisened by you boys. just keep your sister ( hope you dont have) in that place and think ??? Thn give your views , If you guys thinks you and your family members are only human beings in this world , dont think girls as slave , or flesh you bed and forget.


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