Friday, December 11, 2009

REVERSE DOWRY CASES

REVERSE DOWRY CASE - AGAINST THE FATHER, GIRL & RELATIVES FOR GIVING DOWRY & ABETMENT TO GIVING DOWRY
How civilized and educated we may pause to be but still we hear umpteen number of dowry cases getting registered daily. Despite having a very strong judicial law i.e. “Dowry Prohibition Act” nothing much has come into action. One of such bizarre dowry case where an FIR has been registered at PS: Chaturshringhi Pune (Maharashtra) against the bride’s father and her five relatives for
giving dowry and abetment to giving dowry, on the complaint of father of a Noida based Software engineer. His contention: Giving dowry and abetment to giving dowry is as much an offence as receiving it.

Demanding or Taking dowry is a crime, so is giving Dowry. In a first of its kind in the state of Maharashtra, a Noida-based software engineer was arrested by Chaturshringhi Police for a false allegation of demanding dowry and had been in custody for eight days. His parents obtained anticipatory bail from Bombay High Court. Husband submitted a complaint to the Chaturshringhi Police Station on 16/04/09 against the wife and her relatives for giving dowry and abetment to giving dowry but the Police refused to register the FIR on the plea of jurisdiction, since the marriage took place at Ujjain. After receiving a reply through RTI application that his complaint has been closed and sent to record on the pretext of Jurisdiction, his father filed a case U/s 156(3) before the Ld. JMFC Court No-9 Pune, against the daughter-in-law Madhvika, her father & four other relatives, saying that she had mentioned in the FIR that “her father gave all kinds of dowry articles in her marriage as per his capacity” and for the second time in an affidavit before the Ld. Addl.Session Judge Pune with the sole motive to object the anticipatory bail of her in-laws said, “My father gave 15-16 tolas of Gold in her marriage to her and a few tola of gold to her husband and in-laws.While her father & mother mentioned in their written statements U/s 161 before the Inquiry officer Mr.B.A. Kamble that they had
given following dowry articles in their daughter's marriage and all the dowry articles were sent to Pune by a vehicle after 15 days of marriage.
Not only this, three of the bride's uncles (Chacha & foofa) also mentioned in their written statements U/s 161 that they were present in the marriage with their families and sufficient dowry was given by their relative in the said marriage. Husband separated from his wife Madhvika within five months of the marriage. Madhvika filed a false complaint at the Mahila Thana Ujjain, which was later transferred to Chaturshringhi Police Station, roping in the entire family U/s: 498A/506/323/34 IPC read with Section 3&4 of Dowry Prohibition Act.
Not to take it lying down, His father filed a complaint against them, "My daughter-in-law says her father had given Dowry as per his capacity" which is illegal. But it’s equally illegal to give dowry.So I have filed a case against her father and other relatives.” He said. “We have not taken any dowry, never demanded any dowry, whatever gifts were given by her parents and relatives, were sent to Pune after 15 days of marriage but they have filed a false case roping in the entire family. We are shocked at the steps taken by our daughter-in-law and her family, while the marriage was solemnised with a Kanyadaan of 11/- rupees. I read law books and filed the case. This is our answer to the daughter-in-law and her relatives, who filed false case against us.”As per the law, giving dowry is as much a crime as demanding it. Hence, it attracts equal punishment under Section 3 of Dowry Prohibition Act,1961. Police records and statements clearly establish that there was no demand for dowry but they alleged to have given Dowry as per their capacity. The case has been registered at PS: Chaturshringhion Pune by the order of Judicial Magistrate First Class, Court No-9, Shivaji Nagar Pune. Husband said,“The misuse of Dowry Prohibition Act and Section 498A should be stopped or it can get many innocent people into trouble.”

WIFE’S CHARGE: Madhvika filed dowry harassment case against the Husband on July 04, 2008 “I was harassed mentally and physically by my husband. They asked me to take a loan of Rs.30 lacs on my salary for buying a house and warned that if they don’t get money, I would be sent back, said her complaint. Madhvika has alleged her husband & in-laws assaulted her for more money. “I was feeling insecure,” she has said. Husband, however, denied all these allegations. “I have already said all her allegations are baseless. How can my parents assault her when they are living 2000kms away at Noida and never visited Pune during these five months. She did all this because she siphoned off the entire salaries to her parents on one pretext or the other and it came to my knowledge. Can a husband tolerate,his wife spending entire salary on her parents and that too without his knowledge?
SHORT MARRIAGE: Married on January 26, 2008 at Ujjain is a software engineer and was working with a MNC at Pune. She is a SAP Consultant at another MNC, Pune and was staying with her husband at Aundh, Pune where husband had taken a flat on rent. FIL & MIL were staying at Noida and never visited Pune during these four months. “I loved her very much and managed my transfer to Pune just a month before the marriage, so that we can spend a happy life togather but she had never been faithful,” said Husband.
She filed a false dowry harassment cases against him and his parents. “Now she has filed a divorce petition in Ujjain Court asking for the given dowry returned to her while it is an admitted fact that I left the flat in a single dress leaving all the articles with her in the same flat” he said.