dowry prohibition act
niyati
(Querist) 02 August 2009
This query is : Resolved
hi. i m niyati a II year law student, got a moot problem..
a lady monica, after 4 months of marriage wih Rohan, filed a complaint for dowry harrassment. Rohan's family was charged under sec. under sec 3 & 4 of Dowry prohibition Act, 1961 and sec. 498A of IPC.During trial her parents his brother and other 4 people deposed as prosecution witnesses.
at this stage, rohan filed an application under sec. 3 of the dowry prohibition act and sec. 108 and sec. 120 of IPC. he has also challanged the constitutional validity of the Dowry prohibition Act, 1961
now what shall be Monica's arguments?
Sarvesh Kumar Sharma Advocate
(Expert) 02 August 2009
what results become after filing criminal case by husband?
say clearly.
every person has right to file case in to the court and court will decied that.
so she should be concider their case and watch on husband case.
niyati
(Querist) 02 August 2009
sir, the trial court dismissed his case on the grounds of sec. 7 of the Dowry prohibition Act on the contention of the state and so he appealed in the high court and his appeal is clubbed by the court for hearing.
Sarvesh Kumar Sharma Advocate
(Expert) 02 August 2009
husband is filing case to protect from dovery case and the court will also understand the same.
neeraj
(Expert) 02 August 2009
Shri Sarvesh K. Sharma,
May i ask u a question?
If the law says giving or taking of dowry is a crime? Then why ther is so much understanding that husband is fling counter case to save himself?
It is pretty clear that both has committed a crime and both the parties should be punished equally. Why not naturally when the wife may have admitted that she and her parents have given dowry, they also be charged for giving dowry? The police should add name of all the accused under a section of law. Why the judges are not taking suo motto cognizance of the crime committed by wife and her family?
The judge was a stupid that he granted benefit of section 7 of DP act. This benefit could be given to the complainant/victim only. If th wife is a complainant then her parents remain to be prosecuted.
As per me the husband should file a application under section 319 of CrPC and request the honb'le court to make the wife's side people as co-accused.
Arul Kumar
(Expert) 06 August 2009
Mr. Neeraj,
First of all you must use this forum with due consideration to the kind language you use. Pls avoid using any unparliamentarily words against the honorable Judges.
