New Delhi: In a rare judgment, probably the first for the Karkardooma courts, a sessions judge has ordered the prosecution of a man, who allegedly gave dowry to his daughter’s in-laws at the time of her marriage over two years ago.
In fact, it was his daughter’s complaints and multifarious criminal cases against her estranged husband and his family that have spelled legal trouble for Yashpal Kumar.
Married in December 2006 to Ram Khanna, Kumar’s daughter Rita left her matrimonial home a couple of months later and approached the Crime Against Women (CAW) cell, with the complaint that her husband and in-laws were torturing her.
Subsequently, her husband and other in-laws were booked under the charges of atrocity and harassing her for dowry in an FIR. She also filed a maintenance petition before a magistrate.
One common allegation in all her complaints pertained to how she was ill-treated for bringing insufficient dowry despite her father having spent over Rs 8 lakh in meeting the dowry demands of her husband and his father. While Rita made this particular accusation, she could hardly imagine the legal trouble it would bring to her father.
Khanna’s father also moved the court, asking if they were to be prosecuted for demanding and receiving dowry, how could Rita’s father wriggle out of the charges of giving dowry, which is also an offence under the Dowry Prohibition Act?
After the magistrate trying Khanna and his kin found no substance in the plea and dismissed their complaint, Khanna’s father approached the sessions court in revision of the impugned order. The petition filed through counsel Sanjay Gupta and Manish Shrivastava claimed that all they were pleading for was a fair and just view of the issue. As Khanna and his parents were standing a trial for receiving dowry, Kumar, according to the rule of law, should also undergo the judicial scrutiny of a court under the said Act, contended the counsel. They said that the request was based on Rita’s own version before the magistrate.
Additional Sessions Judge Sanjay Sharma found favour with the counsel’s arguments. “On considering the entire trial court record, I am of the opinion that the contents of the FIR and the maintenance petition filed by Rita, clearly discloses the allegation that her father gave dowry on the alleged demands of Khanna’s father. Since under The Dowry Prohibition Act, giving of dowry is also an offence, therefore, he is prima facie guilty,” said ASJ Sharma.
Allowing the revision petition, the court then sent the matter back to the trial court, directing it to summon Kumar under Section 3 (penalties for giving/taking dowry that can go upto a five year jail term) of the Act and examine him under the relevant criminal procedures. Notably, the order follows a Rohini court’s order last month asking the police to register an FIR against a bride and her kin for giving dowry.
(Names of the couple changed to protect identity)
can get order copy of this case, i want case no. ordersheet of that perticular sheet.
please help us, we are in trouble. i think this order sheet will help us more.
//Check http://mynation.net/docs/sitemap/ or contact MyNation Foundation site admin
I am a 498a/406 victim. Can someone please help me with the orders. The main problem in it Section 7(3) or the statements. How can we overcome that blanket rule.
Please help. Thankyou
dowry harassment + diverse + demanding 25 lakhs as compensation . During my college days we both loved sincerely its 2 years love and later without informing to parents me & her married but we both staying separate from parents,i was in a good position to take care of my wife as she desire & i always fulfill what ever she desire i loved her truly
& so sincerely now also i love her like some thing but dono y she cheated me & deceived me its all happen because of her parents brain wash when ever her parents scold her with out telling to me she use to trouble herself & she herself wound by beating herself in home & also not taking care of my sweet cute daughter also she use to beat my kid very badly if any elders try to stop her she abuse every one with bad filthy words but i really dono whats my mistake every day i scared myself what is going to happen next .It was happening in a different way every day she was completely disturbed herself she was not listening to anyone i am very upset i dont no what to do even i hided my daily torcher on me & on my baby with my & her parents but its really unhappy always its like hell for me every day. Even i taken her to psychiatrist too but no use .. my dad friend complained about us to my dad but later i myself felt i am a looser i cheated my parents but that time i was nerves & scared a lot, i dono what i am doing that time i dint got any way to face my problem i decided to die but stupid god dint killed me i was hospitalized for few weeks i really don’t want leave now also but something i want to sacrifice to my daughter as a father & to my struggling parents as a son ….but those parents pledge a case against me and my parents as dowry harassment we are struggling like we are in hell every time .Its my humble request please please help me sir…
please ask here http://advice.mynation.net
hello sir
please can i get the copy of the orders .
I really need it urgently.
I will appreciate your help
thank you
Regards
Gagan
9988571006
can anyon share order copy of this… i am also suffering from this
check http://mynation.net/docs/
Mother-in-law of my daughter took all her jewellry and she is not returning so we file an FIR and the case is being heared in Rohini Court. Can court order to police to recover jeweller from mother-in-law because she refused to return the jewellery.
if you have given those as a gift to her then you cannt claim, still if you have BILLS of it, then you can file complaint to recover.