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Misuse of dowry provisions is legal terrorism: Trial Court

 

Misuse of dowry provisions is legal terrorism: Court

 

 



 

SOURCE - https://timesofindia.indiatimes.com/city/delhi/Misuse-of-dowry-provisions-is-legal-terrorism-Court/articleshow/7615680.cms


 

 

NEW DELHI: Terming the misuse of provisions of dowry harassment by women as "legal terrorism'', a trial court has slammed such women who, in a bid to settle scores, drag all family members into a  dowry harassment case though they may be "totally unconnected" with the case.

"The provisions of Section 498A are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrongdoers. The victims (women) are often misguided into exaggerating the facts by adding those persons as accused who are unconnected with the harassment under a mistaken belief that by doing so they are making a strong case," additional sessions judge Kamini Lau said.

The court's remarks came while discharging a man, who was chargesheeted by police for allegedly harassing his sister-in-law for dowry. A metropolitan magistrate had summoned the man on the basis of the complaint. The man had moved the sessions court challenging the magistrate's order saying there was no legal evidence against him.

Even as the complainant alleged that the man beat her up for dowry, the court was shocked to know that he was not even present in the house at the time of the incident. In her complaint, the woman alleged that her brother-in-law on October 23, 1998, asked her to bring more money for her husband and when she showed her helplessness, she was slapped and threatened by him.

The man, however, proved his innocence by producing the certificates which stated that he was living in Mumbai at the time of the incident. After going through the record, ASJ Lau said, "in any matrimonial dispute, it is the primary duty of every court to ensure that for any fault of the husband, his other relatives including married sisters and brothers who may be living jointly or separately and the aged parents are not involved either out of vengeance or to curl out appropriate settlement."

The court also expressed its displeasure over the misuse of the dowry harassment laws. "I am compelled to observe that provision 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 as legal terrorism," it said.






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 6 Replies

prashant pundhir (Criminal Lawyer)     05 March 2011

Courts are filled with the fallse cases of 498A IPC, R/W 3/4 D.P act filed by the wives on the 

entire family of the husband even old parents,married sisters and many times there

small children too .

Section 498A IPC comes it to the catogary of cognizable offence and non-bailable.So the named 

persons produce thereselves before the court and pray for bail. Genrally courts

does not allow bail without sending jail .

The missuse of section 498A IPC is becoming more serious day by bay and women are using this

section in taking there revenge with husband and there family members . Now this section started

to break the families and which is again a serious problem .

Whole of the matter is in the view of Hon. supreme court and ministry of law . Both are thiking very seriously

to stop the missuse of this section and the only way is to make this section bailable and non-cognizable offence . But if this ammendment comes in to force,it will be a big loss for those wives who really suffer from mental and physical torcher for extra dowry demand .

But nothing could be done becouse 95% of the filed cases are false and only because to blackmail the

family of the husband.

    Really it will be a great loss of the actually suffered lady. I have my sympathy with them ,but the Protection

of Family Violance act is there for protection .

Sreenivas V (S/W)     05 March 2011

"Both are thiking very seriously to stop the missuse of this section and the only way is to make this section bailable and non-cognizable offence . But if this ammendment comes in to force,it will be a big loss for those wives who really suffer from mental and physical torcher for extra dowry demand ."

As said above the above will not solve the real issue.

The solution should be make this case trial to be completed within 6 ot 12 months time frame and the guilty punished severly and fined huge amount also.

Second if it is found a false 498A case and misused this 498A just to extracxt money the wife also should be punished severly otherwise the same thing will be repeated. This is the main bad part which some women are misusing this 498A. But this will not happen as woman organizations wil not accept this and also our politicians will think about the vote bank always.

Kiritsinh (Lawyer)     05 March 2011

Sir,

Advocats Friends Pls. Give me Suggestion..

My Matter is IPC 498A,323,504,506(1),114, DP Act 3,7

Matter : Police complain 2004 after Marrige  7 year-  incident place (Territorial Jurisdiction ) A  – case filling place B-  police investigating on place B- police charge sheet submission in trial court place B- after objection applicant -  trial court matter  transferred (after Chif Court  direction)  on place A court ( original Incident Place) –A Place In  Charge Frameed alredy  -  A Place trial Court Hon.Judge says  Not  Power chif court Matter transfer So I M transfer your matter Place A – Hows Possible all that’s ?

My Ques is : this  trial court hows proceeding in this matter..? not proper police investigation and not proper court submission charge sheet..

 

shanthi kumari (private employee)     30 April 2011

yes sir,i am totally agree with you...by using 498(a) 3&4 section so many families are facing problem...and perticularly genuine persons are fails......now some of my friends also facing the problem in that...

Paras (Engr)     06 June 2011

Police doen't  make proper insvestigation in  498a. If they start proper investigation. maximum no of cases will drop in police station.

danish (Manager)     11 June 2011

Why police will make proper investigation , they are the real b*st*rds to earn bribe they can go to any level they can even sell their sisters to ministers for promotions. Infact because of this NAMARD police there are so many false 498a cases. 498a birthplace is police station only. If b*tch wife is unable to prove

1. physical cruelty

2.mental cruelty

3.dowry haressment

so y 498a , basically police is aware about the family who is lying and who is not but they all are like male prostitutes pay them and they will do whatever u want them to do.

I fell ashamed that i m a indian, coz indians law are so biased.

we need to change this women oriented law .


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