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woman booked under dowry laws

Legal Manager

CHANDIGARH:   Generating a great deal of debate and curiosity in a reverse crime of sorts, a resident has moved the district courts to seek the registration of an FIR against his wife for giving him dowry.

Ravinder Singh Dhanju of Attawa village in Chandigarh filed a petition on Tuesday under Section 156 (3) of CrPC for directions from court to incharge of the women’s cell in Sector 17 or SHO Sector 36 to register a case against wife Baljinder Kaur and in-laws under Section 3 of Dowry Prohibition Act.

At the receiving end himself when Hisar police on November 29, 2008, booked him and his family, including his Australia-based brother, under various section of IPC for dowry harassment and criminal conspiracy on the complaint of his wife, Dhanju turned the situation on its head by stating in his plea that under Section 3 of the Dowry Act, if a well-educated woman married despite demands, she and her family too became partners in crime.

Alleging that Hisar cops ignored the fact that giving dowry was also an offence, Dhanju’s lawyer TS Soodan pleaded that the statements of Kaur and others in the FIR against his client be treated as confessions and the guilty be booked accordingly.

Dhanju married Kaur, a resident of Hisar, in December 2004, after the couple had a son out of wedlock. In their complaint, his wife and her parents stated that they had spent Rs 18-19 lakh on the marriage. They also presented a list of articles and cash that had been allegedly given to Dhanju and his family as dowry.

After receiving the petition, the court of judicial magistrate first class Sunil Kumar fixed January 19 as the next date of hearing.

 

 
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Lawyer

Intresting information. There is substance in the submission of the husband. Can any friend show the wife a legal way to wriggle out?

 
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Lawyer

Wife and her family - both.

 
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Advocate

Rajan, Ok, she is booked, but very doubtful if she can be penalised wither Excellency Madam Prathiba, sitting on Top coupled with Madam Sonia, behind Our Hon’ble Prime Minister, Shri.Manmohan Ji, like Laloo behind Rabri, and fully supported by NWC armed with DVA 2005, I very much doubt the out come of the verdict. My only paryer will be that in spite of the wife the husband does not end up in jail.

 
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Advocate

If both will be punished they will be together in jail. He he he. Sorry just kidding. Husband is legally correct but i think he is more interested in pressure tacties.
 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Thanx for the information

 
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Advocate

Rakhi, you are thanking only your DVA weapon.

 
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to my opinon this is wrong procedure which husband has adopted as it is clear admission on his part but as about wife even if she has given but if she suceedes that it was out of presurre and to protect her interest she was forced to part with the dowary then in such a case this case will not stand.

section 3 can be made applicable only when it is out of free will dowary is offered and not by way of compulsion as that of after u get engaged and then threaten a girl that u will break the relationship if demanded amount of dowary is not paid . In this kind of situation a husband cannot take help of this shelter . Till today process is not issued against the wife . if processed is issued , then wife is having very strong case to challenge by way of quashing. It is always advisable that person should invoke penal provisions studying proper consequences of the same.

 
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Advocate

Nice observation by Ramesh sir i couldn't have thought 4m this angel. If complaint of wife amounts to confession on her part as husband is claiming i think same will be applicable to husband's complaint. further comments are awaited from learned members.
 
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I appreciate Ravinder Singh Dhanju for using intelligence. He is right. Let us wait and see what will be the outcome of the verdict. Tit for tat. In near future some extent 498A can not be misused by greedy women.
 
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