A Gift From The Gods: Justice Dhingra Says “Verify Income Tax Of Dowry Givers And Prosecute Them As Dowry Givers”

Here is a judgment from a very special Judge of the Delhi High Court, Justice Shiv Narain Dhingra.

At a time when I was feeling helpless as to how I could clear my name from the baseless allegations made against myself and my family, and was trying to figure out how to prove that I never took a penny from them, leave aside the lakhs of Rupees they claim to have given me, Justice Dhingra came out with this landmark judgment. He gave me hope and the expansion of this blog is a direct result of this judgment of Justice Dhingra. Delhi police enforcing Justice Dhingra’s Smt Neera Singh Judgment:

Here is the landmark judgment.:

__________________________________________________________

IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 12.02.2007
Date of Decision: February 23, 2007
CRL.M.C.7262/2006
23.02.2007
Smt. Neera Singh….. Petitioner
Through:Mr. L.B. Rai and Mr. V.K. Singh,
Advocates
Versus
THE STATE (GOVT. OF NCT OF DELHI) and ORS…..Respondents
Through: Mr. Vikas Arora, Advocate for respondent
Ms. Richa Kapoor with Ms. Sukriti Bhardwaj, Advocates for State.
CORAM:
JUSTICE SHIV NARAYAN DHINGRA

1. This petition under Section 482 of Cr.P.C. has been made on behalf of petitioner for quashing/setting aside the order dated 20th July, 2006 passed by learned Additional Sessions Judge, Delhi whereby the learned ASJ upheld the order of the Trial Court discharging appellants Bishan Pal Singh, Smt. Santosh Devi, Gajendar Singh and Toshan Singh. Bishan Pal Singh is the father-in-law of the complainant, Smt. Santosh Devi is the mother-in-law of complainant and Gajender Singh and Toshan Singh are the brothers-in-law (husband’s brothers) of the complainant. The complainant made allegations involving almost every member of the family of her in laws. Learned Metropolitan Magistrate, after going through the evidence observed as under:

Perusal of record shows that the allegations of the complainant are against the accused person except the accused husband with respect of taunting for bringing insufficient dowry. But there is not a single allegation that the accused persons made any subsequent demand for dowry and consequent harassment for not meeting with their demands. Admittedly the complainant and her husband and in laws of the complainant were staying at Ghaziabad. Whereas the complainant most of the time resided with her husband at Riwari. It was held in AIR 1996(Supreme Court) 67 that taunting for not bringing sufficient dowry is distinct from demand of dowry and should not be confused with. Though taunting for bringing insufficient dowry is also an uncivilized act but does not come within the purview of Section 498A, sufficient to constitute the offence i.e. the cruelty to the complainant with respect to not fulfillment of demand of of dowry. There is not a single allegation that except for the alleged taunting the complainant was ever harassed with respect to further demand of dowry. Hence the prima facie case under Section 498A is not made out against accused Bishan Pal, Santosh Devi, Gazender Singh and Kaushan Singh.

2. Against this order, the petitioner preferred a revision petition before the Court of Sessions and the learned Sessions Judge after considering the entire material observed as under ? In the present case, husband, Yashwant Singh, after marriage was residing separately from his parent and brothers. He was residing at Rewari, Haryana. The Ld. Trial Court found that allegation of the complainant are against the husband only. There were no specific allegations against the accused persons, namely, Bishan Pal Singh, Smt. Santosh Devi, Gajender Singh and Toshan Singh. The Ld. Trial Court was of the opinion that there was not even a single allegation that the accused persons made any subsequent demand of dowry and harassed the complainant for not fulfilling their demand. The complainant most of the time was residing with her husband at Rewari, Haryana. There might have been one or two instances of taunting for not bringing sufficient dowry but they are not sufficient enough to attract Section 498A. There are not specific allegations with respect to entrustment of dowry items to the accused persons. Since, the complainant stayed with her husband at Rewari, Haryana, the entrustment of dowry articles can be presumed to be to the husband. There were no specific allegations of entrustment to the accused person, namely, Bishan Pal Singh, Smt. Santosh Devi, Gajender Singh and Toshan Singh.?
3. A perusal of the complaint would show that as per allegations dowry demand was made even before marriage i.e. at the time of engagement and an AC was demanded from her father by her in-laws and her father had assured that AC would be given at the time of marriage. However, she told her father “You have given car and AC at the demand of in laws, what will happen if they demand a flat tomorrow?”. Despite her this conversation with her father and despite her knowing that dowry demand had already been made, she married in the same family irrespective of the fact that she was well-educated lady and was an engineer and her brother was in police. In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.
4. Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under: ? 2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride. (2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom. (3)Every list of presents referred to in Sub-rule(1) or Sub-rule(2)- (a) shall be prepared at the time of the marriage or as soon as possible after the marriage; (b) shall be in writing; (c) shall contain:- (i) a brief description of each present; (ii) the approximate value of the present; (iii) the name of the person who has given the present; and (iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship. (d) shall be signed by both the bride and the bridegroom.
5. The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complainant, without any verification that a large number of false complaints are pouring in.
6. I consider that the kinds of vague allegations as made in the complaint by the petitioner against every member of the family of husband cannot be accepted by any court at their face value and the allegations have to be scrutinized carefully by the Court before framing charge. A perusal of the complaint of the petitioner would show that she made all kinds of allegations against her husband regarding beating, that her husband was having illicit relationship with 35 girls; he forced her to write suicide note, abused her, taunted her, threatened and told her that he was getting another bride of more richer family while she was in Rewari with her husband and she made telephone call to her parents who came to Rewari and took her to parental home. She had also given phone to one of her friends Jigyasa. A perusal of the statement of Jigyasa would show that she told Jigyasa that it was her husband who was torturing her and behaving with cruelty. However, in her complaint, she made vague and omnibus allegations against every other family members. The statement made by her and other witnesses have been scrutinized by me, except vague allegations and allegations of taunting, there are no allegations of perpetuating cruelty on her by any of the four respondents in order to compel her to bring more dowry or any particular items.
In view of my foregoing discussion, I find no reason to disagree with the order of two Courts below. The petition is hereby dismissed being devoid of merits.

____________________________________________

26 Responses to “A Gift From The Gods: Justice Dhingra Says “Verify Income Tax Of Dowry Givers And Prosecute Them As Dowry Givers””


  1. 1 santhoshkumar.R.V March 23, 2007 at 1:36 pm

    IF a false complaint is made against innocent man, she should be punished for life imprissonment

    Like

  2. 2 nishith p thakkar January 29, 2008 at 7:49 pm

    excellant judgment the judge like such can only examine the true sprit of evaluation of evidenc. i must say very few has such kind of art to distinguish the law and fact both in the case on hand.

    Like

  3. 3 Vishal Gupta March 26, 2008 at 6:27 am

    Excellent judgement !!!!!!!!!!!!!

    Also …people who misuse DOWRY LAW must be punished and jailed.

    I am really thankful to Justice Dhingra for a responsible and intellegent judgement.

    I solute such people who are truthful , honest an really care about the society.

    Vishaal G

    Like

  4. 4 B.K.Agrawal March 31, 2008 at 1:56 pm

    Really an eye opener….

    Unfortunately such judgements are not implemented by other judges and Police officers. Even if time and again it is proved that the ACT is more abused then of any benefit to the real sufferers, the judiciary and the law enforcement agency does not want their gold mine to close down by implementing sensible suggestions.

    It is high time , measures should be introduced to punish the unscrupulous people who file false complaints and misuse the Law.

    Congratulations to Justice Dhingra, we are proud to have people like you.

    Like

  5. 5 MAULIK SHAH April 6, 2008 at 7:30 pm

    MANY MANY THANKS TO DHINGRA SIR
    At least we have started thinking that women can also a bitch.
    Today the definition of Dowry should be thought in broad view.
    Not only husband’s family can demand money. Our laws like 498A inspires Wife’s family to snatch money from husband.
    Have anyone think that, there are husbands which are giving money and presents to their in-laws on regular basis only because they are again and again threatened by their in-laws that they will file a false case against them.Which law will protect husband from this condition???
    THERE MUST BE EQUAL PUNISHMENT AND EQUAL LAWS FOR MAN AND WOMAN IF ANY ONE DEMANDS DOWRY BY EITHER PARTY(I THINK THIS WORD SHOULD BE RENAMED TO “BRIBE-DEMAND” or any other suitable word)
    The meaning of ‘Dowry’ is the property brought by bride but IS NOT ALWAYS THE CASE TODAY.
    IN THE NEXT FEW YEARS, THE IPC498A AND SUCH WOMEN BIASED LAWS ARE GOING TO BECOME HELL FOR INNOCENT HUSBANDS WHO HAVE NEVER WANTED A PENNY FROM THEIR WIFE.

    Like

  6. 6 radhika May 30, 2008 at 7:48 pm

    Felt so relieved after reading this article. Seems like there are still some good judges in India and I hope that the loop holes that are there in the present law (498a) is reviewed and corrected in such a way that innocent people need not get to mental harrasement. This wrong law has affected many family life and people are really getting suffered esp. the ones who are overseas.

    Looking for a “New Light of Hope” in the Dowry law.

    Like

  7. 7 col ms yadav August 6, 2008 at 10:43 am

    Today law abiding people are unnecessarily dragged by offensive and greedy brides and their parents to extract money from husband and his parents . Failed marriage and inadequate compatibility between husband and wife with undesired interference from unscrupulous mother and sisters of the bride are making life of the poor husband and his old parents hell .
    Such ladies with their instigator parents and some advocates who accepts such false cases must be held accountable and punished for taking up such false and far reaching damaging cases

    I am really thank ful to Justice Dhingra and other judges who have applied their judicial minds and have given such overwhelming judgement

    Like

  8. 8 Kunal Mukherjee August 18, 2008 at 12:45 pm

    I hope we have more Judges like him. Maybe then I will regain my lost faith in the concept of justice.

    Like

  9. 9 sadhana Bhatt August 25, 2008 at 3:55 am

    Excellent and intelligent judgement. Thanks to Hon. Judge Shri Dhingra.

    I am the victim for false Dowry complaint filed against me and my husband by the girl and her parents along with complaints against the NRI husband and his NRI parents.

    I felt releived after reading justice Dhingra’s judgement. Once again thanks to Hon. justice dhingra and other judges like him who really applies their mind in the interest of justice.

    Like

  10. 10 aneel kumar October 9, 2008 at 3:39 pm

    many many thanks, sir. our society really salutes you.

    Like

  11. 11 Prasenjit December 8, 2008 at 6:22 am

    I was slowly begining to loose faith in legal system condisering it to be just one sided and gender biased. But after hearing the story I have regained my faith in our judiciary. I can only say thanks to Justice Dingra and complement him with the phrase ” One of the great saviour to indian society”. I can only wish other judges take this example before prouncing their judgement.

    Like

  12. 12 Subodh March 18, 2009 at 5:25 pm

    Honourable Justice Dhingra,

    I feel that there is some justice in this country because of your impartial judgments. You have seen the misuse of the law by the women which is becoming an epidemic, your landmark judgements will help in greatly in curbing misuse and thereby saving people from depression, destitute and often committing suicide. Surely your judgements will help strengthen the institution of marriage which I think is based on equality and not on more rights to one gender which emboldens it to exploit to hilt. For many of us you are God sent, we pray to god that more judges understand the problems of matrimony as you do and save countless people of this country from the agony they are going through. You are our Nations Pride and may God give you a very long life.

    Subodh Gulati

    Like

  13. 13 raaj March 23, 2009 at 9:38 pm

    A very smart Judgement. are there any other judgements related to misuse of Dowery / Stridhan if yes please refer them to me. my friend i facing one. He got married to this Dr in USA , US citizen and went to live with her in the US. they both come from a very well educated family and financially stable too. there is no way the boy’s family would have asked for stridhan they didnt even except gifts at the wedding reception. also the girl left india just 7 days after marriange and the boy went to live with her so the girls parents saying they gave stidhan is not understandable. to top this all they both got divorced in US and also fully setteled on all financial expects. even after that the girls family is saying that there is stirdhan. please reply

    Like

  14. 14 Kuldip Singh Lamba April 22, 2009 at 12:25 pm

    The judgement brings out the truth in the face of criminal minded todays bride who has only two things on mind when she marries.
    1. She absolutely wants to own the leg and limb of the bridegroom, nay, she also wants to own his soul and want that her husband discard his old parent and own up her parents who , she thinks are the only worthy persons.
    2. On disagreeing to the above terms the bridegtoom becomes persona non grata and he has all the faults in the world; he is immoral, impotent, pauper who cannot afford his wife to go honeymooning on a CRUISE SHIP to EUROPE. Wants a solitaire Dianond ring on her Swaag Raat when the husband had told her about his limited income.She also wants a Indica Car where the husband earns 25K p.m. and has to support both non working parents. On not meeting the said demands the bridegroom is declared an impotent person and dragged to Womens Cell, Arbitration cour
    ts where huge amount is demanded and on non compliance sec.498a/406 are invoked and efforts made the bridegrooms family is not given bail.
    The land mark judgement has accomplished sufficient but still it is required that the act is ammended so that innocent persons are not harassed and the law abiding people are let to live peacefully.
    Thank you Mr. Justice Shiv Narayan Dhingra, you have upheld the righteousness and earned the blessings of people who believe in ” TRUTH SHALL PREVAIL.”

    Like

  15. 15 Sanjeev Tickoo June 5, 2009 at 11:19 am

    HONURABLE JUSTICE DINGRA

    A GREAT JOB

    “WE ALL INDIANS SHOULD BE PROULD OF YOU INFACT WHOLE MANKIND”

    I have been a victim Legal terriosm. I am a harrased, humilated, totortured, physically assaulted husband, son – in – law.

    During the two years of my marriage I have been physically assulted by my wife several times resulting many injuries. When I went to Govt hospital in Delhi to get treated myself the doctors laughed at me that upon hearing that i have been physically assualted by my wife. Shame to their profession and personalities. My wife tried to strangulate my throat with both of her hands and punched both her fists on my both fore arms and she saidthat ” I WILL KILL YOU” only few days after our child was born and her father and mother witnessed and supported her action and behaviour.

    My wife is gets bouts of anger, violent, erractic behaiviour , derogatory language, susidal actions, showing a kind of temperamental imbalance. She has several times thrown our son in bouts of anger and I am afraid that she may harm our son too by her violent actions.

    Whenever I request her that I take full responsiblity to tke her to a concerned doctor she would call her father and brother and these all used to physically assualt me with derogatory language

    My wife, father in law, brother – in- law and mother- in -law humilated, harrassed, tortured, physically assualted me, my 80 years old ailing father and other memners of the family.

    My 11 months son has been abducted by my wife and father – in -law. I have been prevented to visit or see my child rather i get threats if I try to do so my in laws will kill me.

    I and my family have been implicated in false criminal charges. The women cell, police and all other agencies are corrupt and take un due advantage of the law and order.

    I seek justice but whom from ???????????????????

    Like

  16. 16 Am February 1, 2010 at 8:32 am

    Hello,

    Request if anybody can provide me with contact details of Justice S N Dhingra, as i need help.

    After reading all such motivating and good comments about him, i feel i may be able to find a way out of my court cases.

    Waiting for some to reply .

    Thanks

    Like

  17. 17 Ashish Arvindray Shah December 16, 2011 at 8:53 pm

    can i get more judgement for accepting gift onus of proof on recipient

    Like

  18. 18 amol rathi May 10, 2012 at 1:23 pm

    I required judgement for this case as i had also suffered from this act. As my complete family ( 6member) got entangled in this.

    Like

  19. 19 prescription glasses sports January 30, 2013 at 1:58 am

    Have you ever thought about creating an ebook or guest authoring
    on other blogs? I have a blog based on the same ideas you discuss and would love to have
    you share some stories/information. I know my viewers would enjoy
    your work. If you’re even remotely interested, feel free to shoot me an e-mail.

    Like

  20. 20 http://gwiazda.pen.io July 24, 2013 at 4:08 am

    I’m gone to tell my little brother, that he should also pay a quick visit this web site on regular basis to take updated from newest news update.

    Like

  21. 22 Kailash June 25, 2014 at 11:19 pm

    Law is highly mis used for setting up the personal score or where the girl is so dump to find another one.

    Like

  22. 23 facebook July 9, 2014 at 3:59 am

    Now is the time to apply the adhesive but there is a small
    step before that. To help you to cope with this situation better, there are a few explanations why your boyfriend likes to flirt with girls on Facebook.
    If you are not keeping your page current and populated with
    new and interesting bits and pieces to read, you won.

    Like

  23. 24 Paid Companion in Panchkula September 6, 2015 at 3:14 am

    If you want to get much from this piece of writing then you have to
    apply such strategies to your won website.

    Like


  1. 1 Justice Shiv Narayan Dhingra « 498agladiator Trackback on October 17, 2011 at 6:47 am
  2. 2 Proof of Concept Trackback on October 16, 2015 at 8:23 pm

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Visitors Since Mar/14/07

  • 2,927,183

Cluster Map

Live Traffic

Archives

Top Rated Posts

Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
March 2007
M T W T F S S
« Jan   Apr »
 1234
567891011
12131415161718
19202122232425
262728293031  

%d bloggers like this: