Woman booked for giving dowry to husband

Woman booked for giving dowry to husband

Pune:  Friday, 27 June 2014 - 7:37am IST | Place: Pune | Agency: DNA

Chaitraly Deshmukh

What seems to be a case of tit for tat, the family of a Delhi-based software techie registered a complaint against the family of his wife from Pune for giving dowry.

The family of the woman, also a software techie, had lodged a complaint of dowry torture against the man and his family. The couple got married in 2008 and a case of dowry-related torture was filed by the woman's family in 2009. In response to this, the husband's family too filed a case related to dowry.

Both taking and giving dowry are punishable under law.

The court of judicial magistrate (first class) recently gave order to the police for framing charges against the wife, her parents and three of their relatives.

Anil married Anita (names changed to protect identity) in 2008. Later, Anita's family members had given cash and jewellery to her. Later, Anita complained of dowry harassment and filed the case under the Dowry Prohibition Act. Since she also alleged assault and ill-treatment, a case was lodged under the Indian Penal Code (IPC) with Chatuhshringi police station.

Anil and his parents were arrested in 2009. Later, Anil along with his parents, approached the police claiming that if accepting dowry is an offence, so is giving. However, since the police did not register a case, Anil's parents moved a private complaint in court. The then directed the police to investigate the case and register the offence.

The police then filed the charge sheet against Anita's parents and her relatives.

Anil's father who is a complainant in this case, said, "Anita earns much more than my son. But she lodged a false case against us. She had mentioned in her complaint that her father had given us 15-16 tolas of gold as dowry. Section 3 of Dowry Prohibition Act prohibits giving or taking dowry. If they claim that we demanded dowry, then why did they give us dowry? They too are equally responsible."

When contacted, Anita's lawyer Santosh Ralegankar refused to comment claiming that the matter is subjudice.

Source -  http://www.dnaindia.com/pune/report-woman-booked-for-giving-dowry-to-husband-1998102

How HC FIRed away at courts, erring police officers

How HC FIRed away at courts, erring police officers

Aug 23 2010

This month, High Court issued a series of verdicts aimed at rectifying the judicial and police systems

Now that the Delhi High Court has entered the scene, lodging an FIR may become much easier for the common man. No longer will he have to run helter-skelter for getting the police to act on his complaint, or search for the right connections in the Capital’s officialdom to get the work done.

Striking a balance between its verdicts, the High Court also maintained that people caught in the wrong end of an FIR should not be subjected to undue harassment.

The court, in a string of rulings delivered in August, handed out a list of do’s and don’ts to the city police and lower courts, which reportedly resort to a “hyper-technical” approach while handling complaints.

Verbal complaint

The first landmark judgment in the series of recent verdicts came when Justice S N Dhingra held that a person need not essentially file a written complaint to get heard by a magistrate for registering an FIR. So, when a victim appears before a trial court and raises a complaint on the commission of an offence, the judge cannot dismiss his plea by saying he must first submit his complaint in writing and then produce the evidence and record his testimony. The High Court order obligates a magistrate to record the victim’s statement and order the police to probe into the matter after lodging an FIR, if the statement recounts a serious offence.

http://www.indianexpress.com/news/How-HC-FIRed-away-at-courts--erring-police-officers/663681

Costly gifts at weddings to come under tax scrutiny

Costly gifts at weddings to come under tax scrutiny

Exchange of expensive gifts and jewellery items during wedding marriage ceremonies are liable to taxmen scrutiny, said a city court.

It also said that immovable assets as gifts would require mandatory authentic registration.

Additional Sessions Judge Kamini Lau said, “Pricey gifts given to relatives, which do not fall within the definition of Stridhan (gift items received by girl) are taxable in the hands of the recipient.” Citing a dowry complaint, the judge said it is important for families of both the bride and the groom to divulge their revenue books to the taxmen.

The court said anti-dowry laws have been reduced to “paper tigers”.

“Dowry has become an avenue to bury black money during marriage ceremonies,” said Lau.

“It is necessary to ensure that due inquiry and investigations are conducted not only with regard to the source of income of the person giving dowry, but also as to whether these transactions are duly reflected in the Wealth Tax returns of both,” she added.

Presiding over a case of an estranged couple, in which the wife was appealing against the order passed by a trial court, Lau observed that incidents of abuse of special provisions of dowry harassment law has become the trend.

The trial court in October 2009 had ordered registration of an FIR against the wife and her family for giving dowry at her wedding. The groom had filed a complaint saying his wife had wilfully admitted of giving gifts and money to his family.

The additional sessions judge quashed the wife’s plea seeking to cancel the criminal proceedings initiated against her family. An FIR was registered against her family following the complaint by her husband, who is facing dowry harassment charges.

http://www.hindustantimes.com/Costly-gifts-at-weddings-to-come-under-tax-scrutiny/Article1-564102.aspx

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While laws prohibiting dowry not only forbid receipt but also giving it, a city court, in a significant observation, held that the brides’ families are to be blamed for rendering the social welfare legislation largely ineffective.

“It is unfortunate that the legislation (Dowry Prohibition Act) has been reduced to a mere paper tiger. What is more unfortunate is that the family of the woman (involved in the marriage) is responsible for the non-accomplishment of this legislation,” Additional Sessions Judge (ASJ) Kamini Lau noted.

To meet the objectives of the law, not only the grooms’ families but also the brides’ must be booked for giving dowry in the name of social obligation, the court said.

“Dowry is a two-way traffic and unless there is a giver there can be no taker... In order to eliminate this evil both the giver and taker have been made liable under the Act. It is not possible to leave one and book the other,” ASJ Lau said.

“It is time this social welfare legislation is ruthlessly implemented and none is permitted to take the shield of social compulsion. This has become all the more necessary in order to check the misuse and abuse of special laws,” she added.

The court also said expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of the authorities for levying of taxes.

The court made the observations while dismissing the plea of a woman seeking to quash criminal proceedings initiated against her family for giving of dowry following a complaint by her husband who faced dowry harassment charges. The woman had challenged the order by a Metropolitan Magistrate in October last year, who had directed the registration of an FIR against her family members for giving dowry for her marriage in April 2008.

http://www.indianexpress.com/news/Giving-dowry-an-equal-crime--says-court/639196/

Delhi court observation in DP3-Dowry givers should also be prosecuted

Dowry givers should also be prosecuted: Court

New Delhi, Jun 27 (PTI)

Observing that the anti-dowry law has been reduced to a ''paper tiger'' due to the bride's family giving away dowry in many cases, a court here said they also need to be prosecuted like the groom's family to eliminate the social evil.

"Dowry is a two way traffic and unless there is a giver there can be no taker and it is for this reason that in order to eliminate this evil both the giver and taker have been made liable (under Section 3 of the Dowry Prohibition Act)," Additional Sessions Judge Kamini Lau said.
"It is not possible to leave one and book another," the court said while resenting the prevalent practice of the bride's family giving dowry.
"It is unfortunate that this legislation has been reduced to a mere paper tiger and what is more unfortunate is the fact that it is none else but the family of the woman (involved in the marriage) who is responsible for non-accomplishment of this legislation," the court said.It further said the social welfare legislation meant to remove the evil of dowry should be implemented effectively.
"Dowry is shamelessly demanded, given and received under the pretext of social compulsions. It is time that this social welfare legislation (Dowry Prohibition Act) is ruthlessly implemented and none is permitted to take the shield of social compulsions. This has become all the more necessary in order to check the misuse and abuse of Special Laws," ASJ Lau said.
The court also said the expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of authorities for levying taxes.It passed the observations while dismissing a plea of a woman seeking to quash criminal proceedings initiated against her family for giving dowry, which came following a complaint by her husband who faced dowry harassment charges.
In the case, Uma Devi, estranged wife of Sunil Garg, had challenged the order passed by a Metropolitan Magistrate in October last year directing registration of an FIR against her family members for giving dowry during her marriage in April 2008.The magistrate had ordered registration of the FIR on Garg's complaint referring to her admission of giving gifts and money to his family.

http://www.deccanherald.com/content/77747/dowry-givers-should-prosecuted-court.html

http://www.ptinews.com/news/745512_-Bride-s-family-too-needs-to-be-prosecuted-for-dowry--