Last Updated on March 6, 2019 by Legalseva.net
Steps to file a Dowry Complaint:
Following are the steps to file Dowry and Mental Harassment Complaint under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) and Section 406 (punishment for criminal breach of trust) of Indian Penal Code (IPC):
- Visit the nearest Police Station and file a complaint against the husband and in-laws. Give the details about the tortures and demand of dowry.
- Collect the evidence regarding the dowry demand; make a list of items given at the time of marriage including Jewelry, etc.
- On the basis of the complaint, a case under the Sections 498A, 406, 323, 506 of IPC can be registered.
- After that, a complaint under The Protection of Women from Domestic Violence, 2005 can be filed to claim maintenance.
- The Police officer will be assigned to do the investigation and the FIR would be registered.
Also Read- DOWRY COMPLAINT AGAINST IN LAWS
Legal Scenario:
Earlier a mechanism was created after the judgment of Justice (now retired) Adarsh Kumar Goel wherein arbitrary arrests were protected of every member of the husband’s family. It was formed to protect people as anti-dowry law was misused by the married women.This mechanism had an initial investigation by the Family Welfare Committee and theaccused were arrested only if found guilty.
Now the three-judge bench led by the Chief Justice of India DipakMisra has restored the immediate arrest provision in the Section 498A of IPC.The other judges on the bench were DY Chandrachud andJustices AM Khanwilkar. The restored provision goes with the proviso that people arrested for cruelty to a married woman for dowry can now approach the courts for their bail to avoid the misuse of the law.
Also Read- Filing Dowry Case against your Husband in 2019
Theoffense of Section 498A is both non-cognisable and non-bailable. This implies that bail will only be given at the discretion of a magistrate. It has been mentioned that arrested people under the law can file a bail petition before themagistrate and they will be heard the same day.
This intervention by CJIon Justice Goel’s mechanism was donedue tothe petitions filed by an NGO and others to dilute the anti-dowry provision. The anti-dowry provision wasbecoming a reason for the dowry deaths in the country. Many NGOs had contended that this new mechanism had made things worse for married women who were facing dowry harassment. Thus after doing many checks and balances; CJI DipakMisra has undone the mechanism.
Also Read- Husband Booked for Dowry Harassment
Now the husband or his relatives convicted of an offense can go for the pre-arrest bail in the appropriate forum to protect themselves from the fake complaint by the wife.
Even the love marriages arefailing in front of the greed of dowry as proved by a recent case of Punjab. An FIR has been filed by a womanof Phagwara, Punjab against her husband for demanding dowry.
Also Read- Domestic Violence
Facts of the Case:
- 32-year old women named RajniKaur has mentioned that she was mentally harassed by her husband, Arvinder Kumar soon after the marriage.
- The accused belongs to the Dyalpur Village in Jalandhar and the victim has registered her complaint on February 2, 2018.
- Complaint has been filed with the Senior Superintendent of Police (SSP) of Kapurthala.
- Victim has told the police that they had a love marriage which took place on February 2, 2012.
- It has also been told to the police by RajniKaur that Arvinder started demanding dowry from her soon just after a few months of their marriage.
- Rajni has also said in her complaint that her family had involved many times to settle the matter with the accused but Arvinder never stopped and kept harassing her mentally.
- Rajni has also clarified the fact that the accused is already disowned by his parents a few years back.
- The Assistant Sub-inspector (ASI) of Phagwara, Gurumukh Singh has told that SSP has ordered to conduct an inquiry and register the case against Arvinder.
- The case has been registered under the Section 406 (punishment for criminal breach of trust) and Section 498A (husband or relative of husband of a woman subjecting her to cruelty) of Indian Penal Code (IPC).
Also Read- PROCEDURE IN DOMESTIC VIOLENCE CASES IN TRICITY
This post is written by Damini Aggarwal of Punjab University (2020 batch). For more info, please dial 99888-17966.
