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The Supreme Court is so worried about the misuse of the dowry harassment law that it wants the Centre to assess it again.

The court has also said that lawyers should not encourage clients to file false complaints alleging dowry harassment and should ensure “that the social fibre of family life is not ruined”.

The court made the observations while quashing a criminal complaint filed by one Manisha Poddar against her husband Manish and his family. Manisha’s complaint, registered in 2007, said that her in-laws had demanded a luxury car from her parents.

“The reason for filing the complaint was to harass and humiliate the husband’s relatives,” a bench of justices Dalveer Bhandari and KS Radhakrishnan said.

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In earlier judgments, the apex court had warned the police against encouraging complainants to exaggerate allegations against in-laws. This time, it offered the same advice to lawyers, saying “they [lawyers] must ensure that exaggerated versions of small incidents are not reflected in criminal complaints”.

The court also suggested to the government that the anti-dowry legislation be reviewed since most complaints under the law seem to be filed in the “heat of the moment over trivial issues without properly thinking them out’’. The court made the observations in a judgment given on an appeal by one Preeti Gupta from Surat and Gaurav Poddar from Goregaon, Mumbai.

Gaurav is Manisha’s brother-in-law. Manisha said in her complaint against her husband, Preeti, in-laws Pyarelal and Shushila and brother-in-law Gaurav that they demanded a luxury car from her parents when they visited her parents house to attend a festival in 2007.

But, it was found that Preeti and Gaurav had never visited Manisha’s parents’ home.

Besides, the court didn’t find evidence to show that Manisha had been assaulted. So, the judges said if the couple was unhappy with the marriage they could have filed for divorce.

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Comments
12 years ago joseph

exactly umesh...more than 90% are false...som law severe punishments has to be there to punish those b****s if they r proved for false alligations...


12 years ago asmita0009

If some people are saying that women are misusing the matrimonail laws and doing money grabbling, i am not agree for the same. If person is belive in marraige then there should be maintence and sridhan related rights also should there. Problem is only currupted politicians and advocates who are not interested to change in system. why Advocates in India not ready to start movement against Government to improve the Judiciary system ?


12 years ago umesh modi

DEAR ASMITA0009 CAN U ANSWER WHAT HAPPEN TO THE FAMILY OF THOSE MAN & HIS FAMILY WHICH ARE GOING FROM THIS SITUATION OF FALSE CASES & WHAT HAPPEN TO THOSE WOMAN WHICH ARE FILED THIS. ALSO MR. JAY THIS IS NOT 65% COURT NUMBER IS 98% CASES ARE FALSE


12 years ago umesh modi

DEAR ASMITA0009 CAN U ANSWER WHAT HAPPEN TO THE FAMILY OF THOSE MAN & HIS FAMILY WHICH ARE GOING FROM THIS SITUATION OF FALSE CASES & WHAT HAPPEN TO THOSE WOMAN WHICH ARE FILED THIS. ALSO MR. JAY THIS IS NOT 65% COURT NUMBER IS 98% CASES ARE FALES


13 years ago Jay...........

Dear asmita0009, Nobody said "all women are misusing this law"....65% of these cases are fabricated by the wife or by the lawyer. It's a fact! Accept it !!!


13 years ago asmita0009

actually now a days some people are creating wrong picture in society about missuse of IPC498 and domestic violence act 2005 by women. people /govt of india/media etc should have to go in to the court premises and meet to the women personally. Actual thing is that Our politicians, police and advocates are not interested in speedy justice. So,after IPC 498 law dowry harrassment decrease and some men are doing mental harrassment, like creating doubt is mind of wife,making love affares with other women, saying wife as mad women etc. Becaue we all know that there are thousand of cases pending since years and years where women are not getting their stridhan back from her husbands, however there are special laws. further in maintence act after giving all evidences women are getting only appro 5% of husbands income as maintence. Due to few of misuse nobody can say that all women are misusing this law.


14 years ago Daljeet Singh

Police and croupt lawyer are misusing this law with the help of dishonest women


14 years ago Deepak Saini

I'm complelty agree,that now "DOWRY LAW" is without investment business for women and her family. I said that,B'coz I'm Haunted by this Law.


14 years ago Bhaskar for SOCIAL JUSTICE

There should be equilibrium in law and justice and its should not be gender biased. Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES. It is a jungle raj and way to become rich on others money. If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON. Certain suggestions to preserve families and to save them: • No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him. • No maintenance and alimony in the 2nd marriage if she has got it in the first divorce. • No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back. • Compulsory mediation for avoiding long legal battle. • Law should be such that both husband and wife try to reconcile . • Law should not be favoring anyone to ensure that marriages are saved. Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years. DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice. Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation. The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months. For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case. Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any). Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.


15 years ago manuindia

I think 498a is designed, only to create jobs for lawyers. But is it creating a strong foundation of India. What will we have 10-15 years down the road. Broken families, may be not broken families but terrorised families and traumatised children.


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