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giving dowry to save marriage not crime : hc

ha21@rediffmail.com Mumbai : 9820174108

One more defence ploy available to over-ride provisions of the Dowry Act, by the bride's side.

 

GIVING  DOWRY  to  save  marriage  not  crime : HC
( Times of India,  Mumbai Edition, 22nd October, 2010,  page no. 18 )


New Delhi: Giving dowry fearing that the proposed marriage may be called off is not an offence, the Delhi high court has held while quashing an FIR against a bride and her family for conceding to the groom’s family’s demands .

 

 Justice Ajit Bharihoke quashed criminal proceedings against the bride and her family after they convinced the court that the dowry was given under pressure, as the bridegroom’s family had threatened to cancel the marriage. “As per the allegations in the complaint made by the petitioner (bride), the demand for dowry was made by the father of respondent (bridegroom) at the time of engagement ceremony when he allegedly asked the father of the girl to concede to his demand for dowry, failing which he would call off the marriage.

 

It is obvious that the petitioner and her parents were confronted with the unenviable situation either to concede to the demand or face loss of honour of their family in society, and if under that fear, the petitioner and her parents conceded to the demand for dowry, they cannot be faulted as they were victims of circumstances,” the court said. Granting relief to the bride, the court said, “She cannot be subjected to prosecution for the offence under the Dowry Prohibition Act”. AGENCIES
 


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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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fjslfj;

Judegements like these by iteself will take the socitey to pursue more of live-in relationships than marriage. I think the judges should stop issuing statements worrying about the hazards of live-in relationships.

 

Honestly, all men should be educated about how laws in India favour women. Once made aware of how laws are being misused, what kind of suffering they need to undergo because of the wickedness of wives, how much time, effort, money and mental cruelty needs to be digested, no men will be ready to marry and will indulge in more of live-in relationships..

 
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Committing Crime in india is not an offence if you are an young lady or politician or rich.

Most of the time "Courts are Victims (observer) of Delightful Circumstances" too. Because young lady is standing infront of the judge. So they have to give partial judgments!

 
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propra

We shud thank the lawyer of the bride......

 

who faught in appropriate manner and represented the facts and the circumstances in such a compelling and sincere manner that .......the lawyer got the justice to the client-bride and her father.

 

It was a real shamelessness and arrogance on the part of the complainant husband's side that ......'other party also commited offense by giving dowry'.

 

I was really outrageous by groom's side.

 


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Surprised by the comments.. People live in their own world.. Giving dowry and taking dowry are both offences punishable.. So as giving bribe and taking bribe are both offences punishable..  If not we had taken any bribe, we know ourself whether we had given any bribe at any point of time.. Imagine at all those instances u are caught imprisoned in the jail and acquited by the judge on humanitarian grounds after going through the circumstances..

Then also people would be cursing the judges for acquiting U??????????? Where is the question of male or female here???..

 
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y

WHY Justice Ajit Bharihoke also DID NOT ORDER PARLIAMENT TO SCRAP DP3 . then clarify where shud DP3  apply. this needs clarification by larger bench/HC as a contradictory version also exists. why these judges dont discuss law among themselves before giving contradictory decisions.

 
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y

WHERE IS IT WRITTEN IN LAW THAT DOWRY GIVING ALLOWED UNDER PRESSURE. CANT JUDGES BE ASKED TO EXPLAIN THEIR ILLEGAL STAND?

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Yes, it will incourage those who are greedy.

 
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