New Delhi: A woman and a police officer, who allegedly tried to implicate a man in a dowry case, have got trapped in their own net.
A harassed Nishant Saini, 32, has filed a retaliatory complaint in court seeking the arrest of his wife, Anjali Dargan, 30, for “forcefully giving dowry which he never demanded”.
Police officer Asha Sinha, who helped Dargan, is also in trouble. Metropolitan magistrate (MM) Saurabh Pratap Singh Laler ordered deputy commissioner of police (DCP) of south Delhi to take action against the officer for failing to submit a report despite the court’s order.
Saini, an architect, married Dargan, an executive with ITC, in 2007. But their relationship soured within six months. Dargan slapped a dowry case against Saini, alleging that he had taken Rs17 lakh in dowry and forcibly kept her jewellery and stridhan (bride’s article) worth Rs20 lakh. Though Saini refuted the charges, he spent six days in Tihar jail. He also lost his job.
Later, Saini filed a counter complaint with the police, accusing his wife and in-laws of forcing him to accept the money he never demanded. When the police refused to register his complaint Saini approached the court under Section 156 (3) of the CrPc, seeking action against his wife and her parents under Section 3 of the Dowry Prohibition Act (DPA). Section 3 DPA is a non-bailable, non compoundable (cannot be withdrawn), cognisable offence for giving, taking or abetting giving or taking of dowry. It carries a minimum punishment of five years in prison. On the other hand, Section 498A (cruelty for dowry), which Dargan had filed against Saini, has a penalty of three years in prison.
Based on Saini’s complaint the judge, who was convinced that the wife was involved in the dowry offense, ordered officer Sinha to find out whether the money was willingly given by the woman’s family or under pressure from the groom’s side. However, Sinha, who had earlier opposed Saini’s bail, failed to submit a report and told the court that no case could be registered against the bride or her parents.
“Instead of conducting the investigation, the police were trying to save the accused, forcing us to move a contempt of court application against Sinha,” Saini’s lawyer Pradip Nawani said. The judge directed Sinha’s senior officers to take action against her for contempt of court.
Conceding that many women were misusing dowry laws to settle scores with their husbands, the Delhi high court laid down guidelines for the Delhi Police to be followed during investigations in dowry related complaints and IPC-498A. It said in case an educated woman gets married to a person despite a dowry demand, she and her family become accomplices under section 3 of DPA.
Nishant Saini filed divorce within six months of his Marriage. Before filing the divorce whole saini family have done planning. They shifted girl to rent accommodation. Retain jeweler and other article of girl. Few articles of girl which Nishant Saini family return at police station was totally broken. Nishant Sinai’s anticipatory bail was dismissed by Delhi High Court. The divorce filed by Nishant Saini was also dismissed on 6th April 09. In DPA case court has order to do enquiry against Nishant Saini .
Nishant Saini filed divorce within six months of his Marriage. Before filing the divorce whole Saini family has done planning. They shifted girl to rent accommodation and retain jeweler and other article of girl which were given to girl at the time of the marriage with themselves at matrimonial home. This was done to again bargaining power for divorce. Nishant Sinai’s anticipatory bail was dismissed by Delhi High Court. The Divorce filed by Nishant Saini was also dismissed by honorable court at tiz hazari on 6th April 09. In DPA case court has order to do enquiry against Nishant Saini.
im jyothi i stay in hyderabad i have been facing problem since 2years from my brothers,in-laws,my brother got marry past 2year,we have been being torched by my sister-in-law and her family she is not at all interested with my brother because she against the marriage.since marriage she have been giving trouble to my family,and she went two times police station against us,and now she complaint against false dowry case,and sir we dont have well off to tolerate all things. in future we cant wandering over the court plz help me out this situation,and my sister-in-law`s brothers threatening me they will do something me, and i go to office during this time they will do something me sir plz sir,sir
Architect Nishant Saini ‘s anticipatory bail was rejected by Hon’ble Delhi High Court. He was asked to Surrender that day itself.
This article simply written to fool the readers and black mail the poor victim (wife).
Architect Nishant Saini in perplexed manner first shifted his wife to rented accommodation before the filing the divorce case. Architect Nishant Saini never tried to maintain his Marriage. Even Indian Judiciary does not allow divorce within one year of marriage. That is the period given to any couple to understand each other.
Figures published in this article “of amountRs17 lakh in dowry and forcibly kept her jewellery and stridhan (bride’s article) worth Rs20 lakh” are deceiving. Somebody should question the Writer such figures not even Architect Nishant Saini mentioned in his false complaint. From where does the Writer got this figure of Rs.17 Lakh and Rs. 20 Lakhs?
The legal terrorisam done by girl’s family should be crubbed and there should be the provision in the law for protection of husbands too. I have came across many cases of suicides by husbands who fall in 498a trap. making this section non-bailable leaves no escort for the boy but either to be a criminal or to commit suicides.
pity on indian law.
Architect Nishant Saini how much you have paid to the writer for publishing this bogus article??? Or it was package deal with lawyer.
my marriage got more than 3 year back. My wife and his brother threatening me and my family for false dowry case that’s why all member in my family is in tension and disturb. My mother condition is very bad she is unable to work. In tension i am unable to work and left my office. What can i do for this. Please help me.
I want to help you that my marriage got more than 5 year back. My wife and his brother threatening me and my family for false dowry case that’s why all member in my family is in tension and disturb. My mother condition is very bad she is unable to work. In tension i am unable to work and left my office. What can i do for this. Please help & suggest me.
I want to tell you that on 17th november 2012at 2A:M i saw my wife with her boyfriend in my house.Then without wasting any time i locked the house from outside and called my parents and her parents. when they saw her boyfriend my father want to call the cops but her father told me that i wll get you a divorce on same day and dont cll cops. my ife goes with them. but from that day they ar asking money from me for having divorce.what can i do? i have also a 4 year old son. now they have filed a case of custody of my son. and we have filed a case of adultery and divorce against her.we have also a note where they both(my wife and her boyfriend) written that they are involved in thi reltionship from the past 12 years. i also have record of her phone records.
file Adultry case on her boyfriend , check this section http://mynation.net/laws/bare-acts/ipc/ipc-s497.htm
coz you have witness, and caught them red handed.
and file file divorce , see the grounds http://mynation.net/docs/divorce-grounds/
Some Women s and her family are misusing dowry case
im unmarried.my ex-girlfriend filed a 498a case against me.i was about to marry her but when i found out all the data which has been given by her was false then i broke up with her..i have evidence like..some fake photos sent by her.call recordings.etc.now she filed 498a/506/34 against me.she wrote in her fir dat im married to her but dats not true..
what action should i take.
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