False complaint: Woman pays 5 lakh

False complaint: Woman pays 5 lakh
30 Apr 2007, 0256 hrs IST,TNN

AMBALA: A dowry complaint by a woman in collusion with her husband to get back a part of property her husband was disinherited from, cost the woman Rs 5 lakh as penalty to be paid to her in-laws. It is a landmark decision by a court against misuse of the provisions of dowry and torture against a woman.

Yamunanagar judicial magistrate (first class) Madhu Khanna on April 20 directed the complainant to compensate her in-laws who were falsely implicated in the case.The in-laws were made to suffer on account of unfounded, baseless and malicious allegations.

Judge in her orders said that the objective of Section 498-A IPC is to prevent dowry menace, but many instances have come to light where complaints are not bonafide and have been filed with oblique motive.

As per complaint case titled as Kawaljeet Kaur vs Davinder Pal Singh under Section 498-A, 406, 120B IPC under police station in Yamunanager, the complainant Kanwaljeet Kaur was married to Navneet Singh on April 14, 1992. Gurcharan Kaur, mother in-law of complainant disinherited her son Navneet Singh and daughter in-law Kanwaljeet Kaur in the properties through a public notice in newspaper on September 9, 1995 and disputes regarding property were pending between Navneet Singh- husband of the complainant and accused in courts at Saharanpur. No complaint was ever made by complainant prior to issuance of public notice by her in laws. Interestingly, the complaint levelled no allegation against her husband.

The magistrate observed that dispute is with regard to property and that the complaint was a cooked up story by her son and his wife in order to settle property dispute. The judge dismissed the complaint and acquitted the accused and termed this case as a classic example of misuse of beneficial provision of Section 498-A and directed the complainant for compensating the members of her in-laws family for malicious prosecution.

Source URL:
http://timesofindia.indiatimes.com/articleshow/1977240.cms

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regards, vinayak

My post above is Subject to
—————————-
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

Dowry Law Misuse : http://tinyurl.com/tdkx6 , http://tinyurl.com/v5vp8

Blogs :
More die due to exam failure than due to Dowry !!!
Majority of dowry cases are false: SP
No maintenance for wife who can’t prove cruelty: HC
Unmarried Female on pill, delivers a baby in toilet
Triple Talaq is a Legally valid form of Divorce – Madras HC
A failed marriage is not a crime however…
torture allegations are approx 6 times dowry DEATH FIRs !
Marriage cannot be dissolved at the drop of a hat: HC: Mubai
…. and some case laws …
Ramakrishna v. Priya Ganesan – Custody of Minor child
Irretrievable break down of marriage
vast difference between “could have been”, “must have been” and “has been”.

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