Updated on Thursday, October 21, 2010, 22:28
New Delhi: Giving dowry under the fear that the proposed marriage may be called off is not an offence, the Delhi High Court has held while quashing an FIR against a bride and her family for conceding to the demands of the groom's family.
Justice Ajit Bharihoke quashed the criminal proceedings against the bride and her family after they convinced the court that the dowry was given under pressure as the bridegroom's family had threatened to cancel the marriage.
"As per the allegations in the complaint made by the petitioner (bride), the demand for dowry was made by the father of respondent(bridegroom) at the time of engagement ceremony when he allegedly asked the father of the girl to concede to his demand for dowry, failing which he would call off the marriage.
"From the aforesaid facts, it is obvious that the petitioner and her parents were confronted with the unenviable situation either to concede to the demand or face the loss of honour of their family in the society, and if under that fear, the petitioner and her parents conceded to the demand for dowry, they cannot be faulted as they were victims of the circumstances," the court said.
Granting relief to the bride, the court said "she cannot be subjected to prosecution for the offence under the Dowry Prohibition Act".
-PTI
I think the courts have recently judged in a slew of cases to make a simple proposition complex. The simple proposition is that dowry is a crime. But courts appear to hemming and hawing and saying things like if fear is a key, dowry is acceptable. Once you grant exceptions to a rule, than it is likely that the rule would be observed more in the breach than adherence. The courts must get rid of grey areas instead of contributing to more grey areas.
http://www.zeenews.com/news662852.html
New Delhi: Giving dowry under the fear that the proposed marriage may be called off is not an offence, the Delhi High Court has held while quashing an FIR against a bride and her family for conceding to the demands of the groom's family.
Justice Ajit Bharihoke quashed the criminal proceedings against the bride and her family after they convinced the court that the dowry was given under pressure as the bridegroom's family had threatened to cancel the marriage.
"As per the allegations in the complaint made by the petitioner (bride), the demand for dowry was made by the father of respondent(bridegroom) at the time of engagement ceremony when he allegedly asked the father of the girl to concede to his demand for dowry, failing which he would call off the marriage.
"From the aforesaid facts, it is obvious that the petitioner and her parents were confronted with the unenviable situation either to concede to the demand or face the loss of honour of their family in the society, and if under that fear, the petitioner and her parents conceded to the demand for dowry, they cannot be faulted as they were victims of the circumstances," the court said.
Granting relief to the bride, the court said "she cannot be subjected to prosecution for the offence under the Dowry Prohibition Act".
-PTI
I think the courts have recently judged in a slew of cases to make a simple proposition complex. The simple proposition is that dowry is a crime. But courts appear to hemming and hawing and saying things like if fear is a key, dowry is acceptable. Once you grant exceptions to a rule, than it is likely that the rule would be observed more in the breach than adherence. The courts must get rid of grey areas instead of contributing to more grey areas.
http://www.zeenews.com/news662852.html
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