The subaltern trend is already visible now with few high court jusges are daring to stop prosecution of husbands when faced with evidently baseless dowry and harassment allegations. They have rightfull conceded that when the evidences are not even to prosecute thou shall not prosecute.
Section 482 is never meant to be an empty and toothless law. It meaning is clear that when there will be no justice is conducting prosecuting a case such cases have to be dropped. Supreme court cautioned that it should e used in rarest of rare case. Unfortunately it was used as an excuse and rarest of rare of false cases were quashed. The guidelines given by supreme court only lists down some of the reasons for quashing but in reality this section was never meant to be constrained in another way
In dowry and 498a cases till 2005 for 22 years there were only 5 cases of quash on merits .
The break in trend can be seen with the complete quashing of the case filed by a software Engineer currentlly working in Infosys. On quick analysis of the Complaint by the said Infosian Software Engineer The courts found out that there could not ever have been the possibllity of dowry case at all . It was the resentment of this infosys software Engineer towards the mother in law who used to visit the couple very infrequently and had prudently and safely stayed away from the couple . The lure of visiting the grandchild was too much for this el=derly grandwother and visited the couple for just a day . This was resented and the software engineer filed a case of dowry and harassement against the her husband and his mother.
The courts clearly observerved that nowadays the turn in marital disputes have taken a curiopus disputes with the women turning agressors and found that there was no justification for the said software engineer to have filed any complaint with police station . This judgement was reported in ILR [1] 2006 .
In 2006 UP High court high court again provided relief against vexatious dowry and harassment cases observing there had been no reason for the cases
In late 2006 chennai high court quashed the case of an SIF member completely .
In 2007 Delhi high court represented by justice Dhingra made the observsation that the those brides who come with gift horses should be punished. They give lots of gifts in marriage and when marriage goes sour they start screaming dowry and harassment . I tis nothing but a sick mentality gone sour after refusing to allow the prosecution of an husband.
The undertones of trend are clear . It needs to be strenghtened . Without smoke there is no question prosecuting someone for starting the fire. Merely the wife and her relative making sound of "fire fire " is no justification for prosecutingdowry , harassment cases.
If marriage goes sour go for divorce. If you do not have money then work and earn money is my messge to the young girls and women . Do not use 498a or dowry cases as money making business
The courts are slowly starting to protexct against maliciouos prosecution and they will soon start prosecuting the malicous prosecuter. Time for Section 211 which has existed as dead letter for such long time is now to be brought alive . The trends are obvious. for too long and too much have 498a and DP act been allowed to be casue havoc to innocent families
Final words from the husband of the software Engineer working in Infosys
"
After all justice cannot be completely said to be done by merely stopping the prosection . Unless the malicious prosecuters are jailed the blood cancer of of 498a will not be arrested."
Close
Contact your local SIF helpline
the list is their in the following link
www.savefamily.org
or www.saveindianfamily.org
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Hi,
I got married on october 2007.
We didnt get any dowry from my wife parents. In tamilnadu custom if groom side looking for dowry it will be announced in public meeting(Nichchayathartham). We never wanted dowry and it was not written.
In my case, I hate my wife to chat with her boy firends about family pblms in public medium like orkut. But she is saying it is her personal. I will open my email id 24/7 but she used to signoff when ever i come.
I told regarding this to her parents. But her father is a drunker he is scrutinizing as they will spend whatever to put me in jail.
My father is a retired school teacher.
Her father is doing devi-wala (money laundering buinsess)
We are in fear they will put false dowry case.
We are living separate now. Please guide me to come out of the situation
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One of my woman collegues who was earning good salary, was even caught stealing in a shopping mall and sent to police station in a foreign country.
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