The supreme court of india has ruled that the grooms

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The Supreme Court of India has ruled that the grooms and future in-laws will face the charge of demanding dowry if a proposed marriage fails to be solemnizing because the girl‟s parents were unable to pay ().Adding teeth to the anti- dowry legislation the apex court said “It‟s not necessary that the law applies only when the marriage has taken place but that it becomes active the moment the two parties start a dialog for marriage.
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Saira Salim, IJSRM Volume 05 Issue 10 October 2017 [] Page 7259 “Th e definition of the expression, “dowry " in section-2 of the dowry prohibition act cannot be confined merely to demand of money, property or valuable security made at or after the performance of marriage” a bench of justices ArjitPasayat and Ashok Kumar Gangly said.The bench said," demand of money property or valuable security made to bride or her parents or other relatives by the bride groom or his parents or other relative or vice versa would fall within the mischief of “dowry" under the act even if the demand is not properly referable to any legally recognized claim and is relatable only to the consideration of marriage."The ruling which widens the scope of dowry prohibition law came in an appeal filed by a “husband”, saying, that he couldn‟t be charged with cruelty for demanding dowry as he had never marr ied the woman who made the charge. The Supreme Court rejected husbands' plea that the “Victim woman” should establish that she was his legally married wife. It wondered if, “a person who enters into a marital arrangement should be allowed to take shelter behind a smokescreen." "Such legalistic niceties would destroy the purpose of the anti-dowry law provisions and would encourage harassment of a woman over money, the bench said”. The supreme court said that it would be appropriate to construe the expression 'husband' to cover a person who enters into a marital relationship and under “such proclaimed or feigned status” subjects the women to cru elty under section 304 B or 498- A(-) . “ Whateverthe legitimacy of the marriage itself”. (6) Limitations of Section- 498A The highhanded behavior of the laws and the breakup of the marriage have another side. Lodging of cases with the crime against women cell may not be genuine. Matrimonial discords unconnected with dowry demands or dowry related harassment are often given the colour of dowry by the wives to get even with their husbands. A critical study of the section 498A reveals that a provision which was originally designed to protect the bride from being harassed and physically tortured by the husbands or relatives unfortunately has been abused to hassle the husband and his family. The Supreme Court in one of its rulings said that - But by misuse of the provision (IPC, 1860 498A - Dowry and Cruelty Law) a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not an assassin„s weapon . Section 498A IPC,
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  • Fall '19
  • HARASSMENT, Saira Salim

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