Home > News > Dowry harassment law misused for extortion: Court

Dowry harassment law misused for extortion: Court

New Delhi, Oct 9 (IANS) A Delhi court has acquitted a man and three of his family members in a dowry harassment case, saying that legal provisions are often misused for ‘human rights violations, extortion and corruption’.

Asking the woman complainant to move on in life, Additional Sessions Judge Kamini Lau said: ‘A word of advice for the complainant that not all relationships in this world are successful. In fact, most relationships which appear to succeed are only based upon compromises. Let go of the past which is painful since attaching yourself to it will only give pain and miseries and help none.’

‘I may further observe that section 498-A (penal provision on husband or relative of husband of a woman subjecting her to cruelty) in recent years has become the consummate embodiment of gross human rights violations, extortion and corruption, and even the Supreme Court of our country has acknowledged this abuse and termed it as ‘legal terrorism’,’ said Lau.

‘The provisions of Section 498-A 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 court said Friday.

‘The platform of the courts cannot be permitted to be used to wreak personal vendetta or unleash harassment and the tendency of the complainant to come out with inflated and exaggerated allegations by roping in each and every relative of the husband is required to be deprecated,’ the court said.

‘The obligation of the court is to ensure that innocent persons are not put to harassment and to curtail the frivolous allegations at the earliest stage by looking for due corroboration from the facts,’ she said.

‘The victims are often misguided into exaggerating the facts by adding those persons as accused who are not connected with the harassment under a mistaken belief that by doing so they are making a strong case as has happened in the present case where the complainant has involved the entire family of the husband – father-in-law, mother-in-law and brother-in-law,’ said Lau.

The court was hearing an appeal filed by the prosecution against a metropolitan magistrate’s decision to acquit the woman’s husband and his relatives.

The prosecution stated that magisterial court while acquitting the accused had not applied its mind as there was evidence on oath by a witness who said that the material goods given by the family of the woman to her husband at the time of the marriage were still with the accused.

While acquitting the four accused in the case, Lau said: ‘It is not safe to rely upon the uncorroborated testimony of the complainant.’
‘There is no independent corroboration of the allegations levelled by the woman against her husband Sanjay Kumar, father-in-law Vijay Kumar, mother-in-law Beena Devi and brother-in-law Ranjit,’ the court observed.

‘When the entire family of the complainant including her own father and brother have not supported her version in the court, perhaps wanting her to move on in life, how then can one find fault with the order of the trial court,’ the court asked.

http://in.news.yahoo.com/dowry-harassment-law-misused-extortion-court-115352879.html

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  1. anil gupta (@AnilGupta480)
    July 13, 2014 at 1:15 pm

    The ugly truth really nowadays are that wives and their relatives use laws, which were made for protection of women, as their weapon to spread legal terrorism, to extort meaningless amount of money as ransom for avoiding arrest by filing false dowry cases against them, you can see the history if a newly wedded wife complaints, she would claim husband is an impotent, after passing some months or years the allegation becomes dowry harassment, domestic violence is so freely put in all cases as you say a vegetable vendor to put some coriander with some green chillies for free in the vegetables bought by you,my wife accused me of dowry harassment and domestic violence charges, whereas i hadn’t even touched her without keeping in mind about her consent and comfortability, reason of her differences between us is her mother that’s why i was washing my clothes with my own hands on her directions, they were demanding divorce, permanent custody of our son child, thirty lacks of rupees as ransom, and reason for all this was just that i had not attended a marriage function of her mama’s daughter, she left 7 days earlier saying if you will not come to attend it i will head for divorce and the only way for her family to get their wishes fulfilled was to file a false complaint, i was neither eager nor able to fulfill their demands as a result i was arrested on 4th of June and got bail on the 6th June after they got all my household items all furniture which i bought 4-5 years earlier before my marriage, they left nothing even salt, pepper, spices, my undergarments, my clothes, soaps, detergent, they robbed everything they could, and are showing themselves as a very reputed persons in HIND CINEMA premises of kaithal, Haryana but reality sights among them who faces it, kisi ne kaha hai ” aap mare bina swarg kisne dekha ” .at least there should be a fair investigation with proofs before arresting to defame a husband which is his right of humanity, and justice should be done looking it genderlessly.

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