January 05, 2019 What is Dowry? “Dowry” as defined under Section 2 of Dowry Prohibition Act, 1961 means any property […]
The woman had left the matrimonial home back in June 30, 1995, followed by the divorce suit by the husband on July 14 on the grounds of cruelty as well as irretrievable breakdown of marriage. On hearing of the same, the wife filed a criminal complaint against the husband and seven of his family members under the provisions of IPC and Dowry Prohibition Act, acting on which the husband and the family members were arrested and jailed.
Observing that the businessman has been switching his versions from time to time, the judges concluded “It also indicates that the respondent (businessman) has done this with the object of avoiding his liability to pay maintenance to the appellant –his minor son. It can also be gathered that the respondent has in fact made false statement on oath before the family court that he is earning a salary and that he is not a businessman, which is very serious”.
Expressing apprehensions over the misuse of the anti dowry law, the apex court further stated that disgruntled wives increasingly use the Act to harass in laws.
“The simplest way to harass is to get the husband and his relatives arrested”, concluded the two bench judge of the Supreme Court in a 21 page order. There were some cases where bedridden grandmothers and grandfathers of the husband and even sisters living abroad for decades were made victims under the act.