Sunday, June 15, 2014

Parents prosecuted for giving the dowry


Irretrievable breakdown of marriage must be a ground for divorce, as a matured civil society we should think something like " no fault divorce "
+ financial hardship clause is like a veto power for the women, this clause should be defined properly.
+ child custody and visitation rights are the serious cause of concern.
+ DVA should not be a tool to harass people when section 323 is there for violence already.

Dowry Prohibition Act 2005 says hearing should take place within 3 days after the case is filed and 60 days is the time suggested for proceedings, but law execution is a serious concern. Cases should be decided on the merit and evidences instead of gender bias because disputed marriages are a cause of concern for all of us. Almost 2/3 are the males who commits suicide in the present scenario. NCW or the women cell has no say about the sufferings of husband's mother, married sisters, aged parents or even a marriageable sister. There should be a severe punishment for the wrongdoers but all of them are not guilty often.

Though mostly the maintainence or interim maintainence application is filled by the women but men can also file the same as this is admissible under section 24 HMA. 70% of earnings and residence can be the maintainence and execution of maintainence has no stay, the property can be attached or even custody provisions are there to ensure the payments.

Judgement of Sh Bharat Hegde somehow clarifies the grounds for maintainence grant.  Even if the case is maintainable under section 9 HMA and a decree is in the favour of men restitution of consumable rights is a real trouble.

We talk about streedhan, kanyadaan and dowry, here the question arises that how many parents are prosecuted U/S 3 for giving the dowry ?