Here are the Senior High Court Advocate Rajini’s legal advice and law points about section 498a domestic violence case for wife and husband.
#DowryCases #LawyerRajini
Section 498-A is a cognizable offence under the Indian Penal Code, 1860 and was brought into the IPC in the year 1983 to curb the menace of cruelty to married women for want of dowry, which often led to their deaths. It makes it a crime to be cruel to your wife or to your relative’s wife. The law[1] explains that “cruelty” means anything that is done on purpose, and either causes serious harm to the woman or makes the woman want to kill herself. It also strengthens the laws against dowry or payment made by the bride’s family to the husband’s family. It makes it a crime to harass a woman to try to make her family pay a dowry.
The law allows for imprisonment of up to 3 years and for a fine.
The law is criticized. The critics of the law say it allows a woman to ask the police to arrest her husband without evidence or investigation, and that women have abused the law in domestic disputes.Others say it provides important support to women who are vulnerable from abusive husbands The Supreme Court of India expressed its concerns over the misuse of section 498-A and termed it “Legal Terrorism”.
These are the some useful Judgement which a use in discharged and final argument in case MyRights is an organization which fights for Justice and provides free legal tips and tutorial. Some Advocates and lawyer are also member of Myrights.
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride’s family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the groom’s family along with the bride and includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils, vehicles and other household items that help the newlyweds set up their home. Dowry is referred to as Dahez in Arabic.In the far eastern parts of India, dowry is called Aaunnpot.[citation needed]
The dowry system can put great financial burden on the bride’s family. In some cases, the dowry system leads to crime against women, ranging from emotional abuse and injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 and subsequently by Sections 304B and 498A of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: “Dowry means any property or valuable security given or agreed to be given either directly or indirectly – (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons;at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies.
A court judgement clarifies the legal definition of dowry as
“Dowry” in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride’s parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be.
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