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Anjuru Chandra Sekhar (Advocate )     08 May 2012

Reforms needed in matrimonial laws

A woman having share in the self acquired and ancestral property of her parents who have their own house need not be allowed to seek orders under DV Act for shared household in husband's house.  Father shall have equal responsibility in maintaining the daughter as the husband has, once marriage is over that does not mean entire responsibility lies only with the husband of a woman.  There is no wisdom in granting maintenance even to women whose marriage is one month old because just till one month back she was being maintained by her parents.  If parents spent money on marriage and offered dowry that can be claimed back.  However dowry shall be made legal if it is paid through cheque.  And the same amount may be ordered by court to be returned by the husband having regard to the expenses incurred by him on maintenance of wife during conjugal life. No other amount can be claimed by the girl's side. 

 

Marital expenses and wastage of time, effort, resources, loss of reputation of family for having to break ties with the husband shall be paid in the form of damages which shall be either on the discretion of judge or 25 percent of the dowry amount received by the husband through cheque which ever is higher.

 



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 13 Replies

Shantanu Wavhal (Worker)     09 May 2012

oooooooooo - sounds good ... BUT ...

will this happen ever ?


let the tyranny reach its peak to unleash revolution ... as said by Mr. Shonee Kapoor.

bhima balla (none)     09 May 2012

The entire family and related laws must be completely changed. Whatever is being done is putting bandaid on a cancer. The law needs to be revamped to reflect 21st century. Prenuptial agreement must be the basis of all marriages. Marriages and divorces must be treated as contracts. No sacrament, sacred , seven steps etc etc.

The mess created by 'saving marriages' must end.

1 Like

Rameshradhi (h4 )     09 May 2012

sir during time of marriage ...my dad gave dd to my in laws..they refused to take it and demanded for cash, they played sentiments like you dont trust us like that , then my dad gave cash ...and those people spoiled my life by insults and harrasment for more dowry ..how can i claim dowry amount from them

bhima balla (none)     09 May 2012

The problem is: Dowry giver is treated differently in practice than dowry taker-although law is clearly against both. Once they start arresting dowry givers-no matter what-the situation will change! The selective application of law smacks of deceit and fraud  on the part of the government and the judicial system. This also negates all notion that these laws are meant to abolish dowry. The second issue is-once the cases are proven to be false-there is no punishment. Again a caveat for abuse. Hence abuse of these laws is rampant. Government's apathy in fixing these loopholes underlies and belies the fraud commited by the government in cohoots with the feminist lobby.

Judicial apathy and tardiness is adding salt to injury.

The situation is so pathetic that the so called dowry givers are even 'demanding' that the money be returned! And the judical system takes no action? Once DP4 is filed immediately the dowry givers must be arrested on DP3. Both are criminals-if true. Now the feminists want to make dowry giving a non criminal activity. If that happens-there will be a deluge of cases or the husband and their family will be literally slaves of the wife and their family.

Rameshradhi (h4 )     09 May 2012

if govt starts arresting dowry givers then in Andhra pradesh all the  brides parents are under bars.thats for sure including govt officials..its  given as money for household when daughter is getting married but some cunning in laws are using that for their self ..and they wont tell accountability of that money ...if we wont give they play bad sentiments 

Anjuru Chandra Sekhar (Advocate )     09 May 2012

If someone insists that they do not want cheque, only cash, that means they want that the transaction be in Black not in white.  Why should anyone trust such people?

Anjuru Chandra Sekhar (Advocate )     09 May 2012

99% of the money involved in transactions between the parties to marriage prior to, during and after marriage is unaccounted for money and black money.  If you do not pay tax on it, you should not have a claim on it.  The onus is on the woman and her parents to ensure that they pay it in white or else lose their claim over it. 

Anjuru Chandra Sekhar (Advocate )     09 May 2012

If you say, you have given Rs.50 lacs in dowry in your 498A complaint, it should be supported by IT return duly filed with Income Tax department which shows that expense other wise, you have no right to claim.

Anjuru Chandra Sekhar (Advocate )     09 May 2012

@Rameshradhi.  Supposing your father told them, we will give you dowry in cash "after marriage", what they would have said?  They would have said, "No. No.  We want it now itself.".  Why they don't trust you?

 

Why a man and woman should marry in the first place madam?  If they decide to be life partners the can live together without marriage also.  Consensual s*x between adults is not a crime in India.  What prevents them to live together without marriage if they decide to be life partners? Do they marry because they lack trust in each other?

Anjuru Chandra Sekhar (Advocate )     09 May 2012

@rameshradhi:  how can i claim dowry amount from them

 

Under existing laws, if you want to claim the dowry amount you can claim so by filing case under Sec.406 of IPC and Sec.357 cr.pc.  But you should not claim that you have given dowry but the amount given was part of "presents" as mentioned in Sec. 3 of Dowry prohibition Act, 1961.

bhima balla (none)     10 May 2012

Sure, every person claiming to have given dowry or having knowledge or has abetted in the process of 'giving dowry' must immediately be arrested and produced in court to seek bail. The government officals or public servants doing so must be treated especially harshly. There must be summary suspension until enquiry of those who give dowry. If government is serious about erradicating dowry this must be the case. What we see is the canard of dowry being used to settle other scores or to extort. It is pathetic.

rajiv_lodha (zz)     10 May 2012

Yes, thats why we say that LAWS ARE BIASED IN THIS COUNTRY. When u say dowry is such a bad thing to practice, then why girl side is left scot-free after induging in this shameful act. Now when the marriage has failed due to some other reasons, bride side cries we gave $$$ 5 years age. Govt is spending so much on police machinery, 24X7 helpline numbers are available for women help.....THEN WHY DID NOT THEY REPORT IMMEDIATELY THAT BOY SIDE IS DEMANDING DOWRY IN LIEU OF MARIAGE. If they preferred to keep mum due to some reason, they have abeted to the crime!

Anjuru Chandra Sekhar (Advocate )     10 May 2012

Corporate tax is on profit of a company.  Which means, profit is arrived at after reducing expenditure from income, say (not go deep into subject of finance...in layman's words).

 

Income tax on the other hand is not Income minus Expenditure tax.  Why this disparity?  An individual cannot have expenses?  Like dowry....?


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