Dowry Demand and Harassment: Offence to be Substantiated through Evidence and Witness- Uttarakhand High Court

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October 09, 2018

Dowry Demand- In this recent case, the High Court noted that the demand for dowry and harassment have to be substantiated through evidence and witnesses and general allegations does not establish the offence.

Case name: Smt. Sangeeta Bhakuni v. Pushkar Singh Bhakuni

In the case, the Respondent husband had obtained divorce decree, aggrieved by which the Appellant wife approached the High Court of Uttarakhand.

The Appellant wife in the case made several allegations of demand for dowry, ill-treatment and torture by husband and her in-laws, however in support of her allegation, she had not produced any witness.

The Court also noted that the respondent husband was in the Indian Army and when alleged torture was meted out to the appellant wife in the Government accommodation, she did not make any complaint either to superior officers of husband respondent or police station or Army Women Welfare Association regarding torture or ill treatment.

In view of the aforesaid circumstances, the Court was of the view that the Appellant was residing in Government accommodation where it was highly improbable for the respondent to lock the appellant inside the house because respondent husband is member of disciplined force and this conduct would go against him and no witness has been produced in support of such contention.

The High Court also noted that the appellant alleged that her husband wants to get second marriage but she failed to substantiate her contention.

Finally, the High Court dismissed the appeal on the ground that the appellant wife levelled general allegation dowry demand and harassment against her husband but failed to substantiate her allegations.

The entire case can be accessed here.