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T. Kalaiselvan, Advocate (Advocate)     12 November 2013

The law of the land confirms that taking or giving dowry is an offence.

laxmi kant joshi (instructor)     12 November 2013

in dowry prohibition act section 3 It is clear stated that taking or giving dowry is an offence .

cyberlawyer (barrister)     12 November 2013

In my opinion, as far as giving of dowry is concerned, unless and until it is a voluntary act, the giver of dowry cannot be punished. 

In 99% of cases dowry giving is made on account of demand by the groom..

laxmi kant joshi (instructor)     12 November 2013

when you are giving articles or items voluntary it is not punishable because It doesn't come in the definition of dowry , It become punishable when bridegroom made a demands and the brides side fulfills it , It comes under dowry prohibition act section 3&4 which is a punishable under this act .

498 A fighter (Advocate)     12 November 2013

again confusing? though the law is made for giving dowry,but till now there is hardly any case in which conviction is there,

In this also there is many loopholes, again how i was demanded?

any proof of it. do you have bills which shows dowry is given etc etc .

so again is a mount everest task for groom to prove that dowry is given to him. so i think here also groom side have to proove that dowry is given , and if he anyhow prove this then he will be charged for taking dowry , so i want to know that if situation is like that then why so much headeache that dowry is given or taken, i agree that demand of dowry is not appretiable in either side but if giving and taking took place, then who are we to interfere?

jab mia biwi raazi then what caazi will do?

let them whatever they wish? if any thing bad happen then caught such giveres takers.

Puneet (Victim)     13 November 2013

@Javid Nazeem Barister saab i have a simple question for you.

 

What is a voluntary act in your opinion?

As we all know that nothing get done in government offices without giving bribe and giving and taking bribe is an offence.As we give bribe to get our things done as we don't have any other option.

 

As dowry is concerned its giving is a voluntary act because no one force girls family to give dowry.In India there are millions of bachelors then why the girls family give dowry when they have other options ? The truth is girls are a liability for the family and the parents want to get rid of them and the girls family voluntary paying dowry and they are the one who should be punished.

498 A fighter (Advocate)     13 November 2013

Completely agree with puneet, becuase girls mother father think if    "MALL {boy [groom ] } accha ho to keemat nahi dekhi jaati."

like that also it is prestige issue for girls also to say in her sasuraall that mere BAAP kangal ,ya BHIKARI nahi hai. wo ladke ko kharidne ki aukaat rakhta hai.

aur bhi acche acche ladke hai duniya me fir bhi wo , unche daam wala dundte hai to isme , sirf ladko ko hi kyon dowry case me punish kiya jata hai?

ladki FIR me likhti bhi hai ke mera pita ne itna dowry diya? tab police wale aur judge ko nahi dikhayee dera?

ab ladke to free me mil raha dukandar apan maal ka mol bada deta hai, to ladki wale wale kahte hai dowry maang raha,

arey to pehle kya akla ghaas charne gayee thi shaadi ke pehle hi stamp paper per kyon nahi likwa liya? ya for shadi ke samay court police kyon nahi invite kar li, sab kuch lena dena fair rakhna tha, ab sher ki muh ko khoon laga diya uski purti karo?

agar ladki wale hi thaan le ki money exchange nahi hoga to fir koi paisa na de,

khabhi shagun ke naam kabhi prestige ke kabhi dusro ko dikhane ke naam par apni tijori khologe to sab lutne aayenge hi, fir rota kyon hai?

ek ladki hai to kahta hai kya karna ek hi ladki jaam kar kharch karunga?

ek se jada hai to kahega , samaj hame kangal samjhega dusri ladki ke acche rishte nahi aayenge isliye thoada len den to karna hi padega?

ye saale budau khud dogle hote hai... fir daamd ke naam par rote hai , case karte  hai aur marte hai saath me apni beti ko apne ghar baitha lete hai, aur ladke ki life se bhi khelte hai......

jindgi bhar khud ke pariwar par bojh bana jaate hai ladki ko, dusri ladkiya ya to auto wale , sabjiwale doodh wale , aur high standard ki hogi to ghar ke driver ke saath bhaag jaati hai , ya bina shadi kiya kisi ki keep ban kar rahti hai...

inka kuch hona chahiye.

victim (master)     13 November 2013

DP-7(3) gives immunity to the complainant/ aggrevied person. Thus DP-3 cannot be filed against the wife.

 

However if argued properly DP-3 can be filed against the in-laws for giving dowry.

 

Initially they may defend themselves by saying that they are the complainants and the are the aggrevied people. BUT if we argue that they are people who gave dowry along with their daughter to a greedy family, hence they also committed crime and are equally responsible for misreble situation of their daughter. THEY MUST BE PROSECUTED.

 

Now question rises if they had given dowry and husband is filing a case in this regard then by default it will be considered that he had taken dowry which is a punishable offence. Due to such reasons filing DP-3 turns to be futile in most of the cases.

Now for the sake of argument the husband says he never demanded dowry and the said money and articles were gifts and then he files a DP-3 case against in-laws then court will say from the statement of husband prima facie there is no case of DP-3 against his in-laws. hence case is quashed.

 

Due to such reasons till date no direct conclusions or benifits are observed by filing DP-3 against in-laws. However, it will take considerable time and money of in-laws to defend them in this case and may create some pressure on them to settle this case.

 

Other modes of pressure creation creation are filing TEP with income tax authorities and filing a complaint in department of in-laws if they are in public/govt. sector.


(Guest)

No use discussing these things. Law works both ways, but there should be initiative from the reciever of dowry to press charges against the giver of dowry, then only law can take action.  Without any complaint against the giver of dowry, how can any police take action against them? Both the reciever and giver of dowry are both liable to be punished !

natarajan nr (freelancer)     13 November 2013

A complex subject. Everything relates to a proper evidence that is impracticable to get. Legal luminaries lack ideas ! Till you dish out one who can lead us further moral policing is the only solution!


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