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Nirali Nayak   13 June 2021

Harassment from in-laws.

My sister is being harassed by her husband and in-laws for dowry. Can anyone suggest some legal steps that can be taken?



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 2 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     14 June 2021

  Cruelty in the form of torture or harassment of a woman with the objective of forcing her to meet a demand for property or valuable security is a form of dowry crime. Your sister's husband and in-laws are doing domestic violence as well as crime under Section 498A of the Indian Penal Code so it is necessary on the part of your sister to lodge FIR before the local Police Station against your sister's husband and in-laws,if the local police station is not taking her FIR  even after knowing the fact of torture upon her, then she has to make a written complaint before a higher ranking Police Officer(or the Superintendent of Police or the Commissioner of the police) specifying not only the fact of mental and physical torture upon her by her husband and in-laws on the ground of dowry causing serious threat to her safety and security  but also about the police inaction to lodge FIR in that issue . If the Police still deny to lodge her FIR,then she has to file formal complaint before the Judicial Magistrate/ Metropolitan Magistrate  (nearest to her place) u/s 156(3) read with Section 190 of the Code of Criminal Procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter. 

Vasundhara Singh (Student)     15 June 2021

Hello!  

Dowry Prohibition Act, 1961 is one of the important legislations that govern the acts done concerning giving or demanding dowry. It was made with the purpose to curb the practice of dowry and prevent the parties to marriage from any mental or physical harassment in the name of dowry. If any of your family member is suffering from harassment due to demand for dowry, the complaint against them can be registered under this Act. The complaint can be given by the victim or any blood-related family member of his or her.  

Section 3 of the Act penalizes giving and taking of dowry whereas Section 4 penalizes demand of dowry.  

Indian Penal Code,1860 also lays down provisions for cruelty on women after marriage and it does not take into consideration if it is related to dowry. Therefore, a woman can file a complaint about the demand for dowry under the Dowry Prohibition Act and cruelty under the Indian Penal Code. The complaint can be made to the nearest police station.  

Regards  

Vasundhara Singh  


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