MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation. .. that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground," said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.
Filing false case against in-laws is cruelty: HC
Friday, April 16, 2010
Old couple lose house, blame misuse of dowry Act
Old couple lose house, blame misuse of dowry Act
LUCKNOW: First the context. In 1994, in the case of Joginder Kumar vs State of UP, the supreme court made the following observations. That under section 498 A (Dowry Harassment) of the Indian Penal Code, "No arrest could be made in a routine manner or on a mere allegation of commission of an offence made against a person."
LUCKNOW: First the context. In 1994, in the case of Joginder Kumar vs State of UP, the supreme court made the following observations. That under section 498 A (Dowry Harassment) of the Indian Penal Code, "No arrest could be made in a routine manner or on a mere allegation of commission of an offence made against a person."
Thursday, December 18, 2008
Court tells police to book woman for giving dowry
http://www.dnaindia.com/report.asp?newsid=1215187
NEW DELHI: A dowry harassment complaint backfired on a woman after the chief judicial magistrate of Noida (Uttar Pradesh) ordered the police to book the lady and her parents for alleged extortion in the name of false prosecution under dowry laws.
Accepting the petition of the complainant husband Dr Manoj Mittal, CJM AK Singh asked the police to book Dr Piyusha Rostagi, her parents and brothers under Indian Penal Code sections 388 (extortion in the name of false prosecution), 506 (threat to life) and 34 (criminal conspiracy with common intention) after he was convinced the woman and her family had not only accepted giving dowry, but had also tried to extract money from her husband by threatening him to file cases under dowry laws.
If taking dowry is a crime, so is giving, but the provisions under the law are rarely invoked against a woman and her family. However, two weeks ago, the same court had ordered the Noida police to register an FIR against a woman and her parents under section 3 of Dowry Prohibition Act (DPA) for giving dowry. Giving or taking dowry is a criminal offence under Section 3 of DPA with imprisonment of up to five years.
In this case, Piyusha had earlier filed a complaint with Noida police under section 498A (dowry harassment) and 406 (breach of trust) alleging violence against her by her husband Dr Manoj Mittal and her parents. Even though she had a love-marriage, Piyusha claimed that her parents had given Rs12 lakh in cash and Rs4 lakh to buy a car. She claimed she was constantly tortured by her husband and in-laws throughout their 7-year-old marriage for bringing insufficient dowry. On the basis of her complaint, the Noida police had arrested Mittal’s parents and brother and sent them to jail for 25 days.
However, during a settlement attempt in Allahabad High Court, Mittal’s lawyer Pradeep Nawani said Piyusha had demanded Rs24 lakh and threatened to pursue with criminal cases in case demands were not met. This prompted Mittal to approach court seeking action against his wife and her parents, who he claims had fabricated a false case to harass him after their marriage failed to click. Mittal claimed that his wife had adjustment problems with his family and she used to often “pick up a quarrel to destroy the harmony of the family”.
The judiciary is slowly catching up with the women who try to misuse tough dowry laws to settle scores with their husbands and in-laws in a failed marriage. The cases registered under the Dowry Prohibition Act have shown a sharp increase of 109.4% since 1997 and 24.8% since last year.
According to the National Crime Record Bureau (NCRB), Orissa registered the highest incidence (1,460) under this Act accounting for 26% of the total cases reported in the country
Saturday, October 25, 2008
Nagpur - Cops book wife for man’s suicide
NAGPUR: Five days after Vitthal Dodke, a resident of the Ayodhya Nagar, committed suicide, Sakkardara police have registered offences against six persons, including his wife, for allegedly abetting the man to end his life. Police have already dispatched units to arrest the accused, but till Wednesday evening, none had been taken into custody.
Behind the scenes, one may say that it was due to the efforts put in by members of the Save Indian Family Foundation (SIFF), an organisation consisting mostly of men tortured by their wives, which did the trick. Otherwise, the police had not registered offence against anyone despite the fact that Dodke had mentioned in his suicide note that his wife had driven him to commit suicide.
Offences under section 306 of the IPC have been registered against six accused identified as Dodke’s wife Saroj, her family members Ashok Kshirsagar, Prakash Kshirsagar, their father Natthuji Kshirsagar and his wife, as well as one Ramkrishna Pimpalkar. The offences were registered late on Wednesday evening.
However, despite this, members of the SIFF, led by Rajesh Wakharia, organised a demonstration outside the Sakkardara police station on Wednesday morning, to protest the inordinate delay by the cops to register offence against the accused. The situation was diffused after the policemen informed them that they had already sent squads to bring in the accused.
Dodke had committed suicide by hanging himself at his home. His body had been discovered at on October 31. During primary investigations, police recovered a suicide note in which Dodke had said that his wife was pressurising him to have his parental house transferred in her name, and had been threatening to lodge false complaints at the local police station and have him and his family arrested if he did not comply with her demands.
Incidentally, this is the third case in a year in the city of a woman being booked by the police for allegedly driving her husband to suicide. In a similar incident in Ajni a few months ago, a city corporator and her family had been booked by the police after being accused of abetting her husband to commit suicide.
http://timesofindia.indiatimes.com/Cities/Nagpur_Wife_booked_for_mans_death/articleshow/3679179.cms
Behind the scenes, one may say that it was due to the efforts put in by members of the Save Indian Family Foundation (SIFF), an organisation consisting mostly of men tortured by their wives, which did the trick. Otherwise, the police had not registered offence against anyone despite the fact that Dodke had mentioned in his suicide note that his wife had driven him to commit suicide.
Offences under section 306 of the IPC have been registered against six accused identified as Dodke’s wife Saroj, her family members Ashok Kshirsagar, Prakash Kshirsagar, their father Natthuji Kshirsagar and his wife, as well as one Ramkrishna Pimpalkar. The offences were registered late on Wednesday evening.
However, despite this, members of the SIFF, led by Rajesh Wakharia, organised a demonstration outside the Sakkardara police station on Wednesday morning, to protest the inordinate delay by the cops to register offence against the accused. The situation was diffused after the policemen informed them that they had already sent squads to bring in the accused.
Dodke had committed suicide by hanging himself at his home. His body had been discovered at on October 31. During primary investigations, police recovered a suicide note in which Dodke had said that his wife was pressurising him to have his parental house transferred in her name, and had been threatening to lodge false complaints at the local police station and have him and his family arrested if he did not comply with her demands.
Incidentally, this is the third case in a year in the city of a woman being booked by the police for allegedly driving her husband to suicide. In a similar incident in Ajni a few months ago, a city corporator and her family had been booked by the police after being accused of abetting her husband to commit suicide.
http://timesofindia.indiatimes.com/Cities/Nagpur_Wife_booked_for_mans_death/articleshow/3679179.cms
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