Growing trend of dowry victim indicting husband's kin: SC
New Delhi, There is growing trend of the dowry victim arraigning the relatives of the husband, the Supreme Court on Wednesday said and quashed a dowry harassment case against a woman's parents-in-law.
For a bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra it appeared there were "omnibus and general allegations" against the woman's sister-in-law, husband and father-in-law.
The top court, however, observed the allegation of any physical torture by the appellants was missing.
"The allegation is only of taunt and statement that they are highly placed having political influence and connection with ministers as such they instigated accused 1 to accused 3 to pressurise the de-facto complainant to get additional dowry," it said.
The order added, "Considering the growing trend of the dowry victim arraigning the relatives of the husband, this court has deprecated the practice involving the relatives of the husband for the offence under Section 498A IPC and Section 4 of Dowry Prohibition Act, 1961."
Referring to its decisions, the bench said it has reiterated and deprecated the practice of involving the relatives of the husband in dowry related matters.
In this case, the marriage between the complainant and her husband took place at Guntur, Andhra Pradesh in 2014.
Five months into the marriage, the woman left her husband and started living with her parents.
She went back to her matrimonial home but returned to her parents eventually.
The husband sent a legal notice to her followed by a petition for restitution of conjugal rights in 2015.
During the pendency of this proceeding, she lodged a complaint before the police in 2016.
However, a compromise was arrived at and the husband withdrew the case.
She subsequently left for the US without intimating the husband or his family members and the dispute continued.
The husband moved a petition for dissolution of marriage on June 21, 2016 and as a counterblast she again lodged a police complaint against six accused persons, including the present appellants.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)
Business Standard
34 minutes ago
- Business Standard
Cash discovery row: Justice Varma must quit to avoid removal by Parliament
Resignation is the only option before Justice Yashwant Varma to avoid impeachment by Parliament as the government pushes for bringing a motion to remove the Allahabad High Court judge over alleged corruption. Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the House, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation. Should he decide to resign, he will get pension and other benefits entitled to a retired HC judge. But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted. According to Article 217 of the Constitution, a high court judge "may, by writing under his hand addressed to the President, resign his office." A judge's resignation does not require any approval. A simple resignation letter is sufficient. A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office. Removal by Parliament is the other way a judge can vacate office. Then Chief Justice of India Sanjiv Khanna had written to the president and the prime minister to remove Justice Varma, mired in the cash discovery row. Justice Khanna's report was based on the findings of a three-judge in house panel which investigated the case. Justice Khanna had prodded Varma to resign but he had refused, sources had earlier said. A motion could be brought in either of the two Houses of Parliament. In the Rajya Sabha, at least 50 members have to sign the motion. In Lok sabha, 100 members have to support it. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought. The committee consists of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts and a " distinguished jurist". Parliamentary Affairs Minister Kiren Rijiju had last week said the present case is "slightly different" as an in-house committee formed by then CJI Khanna has already submitted its report. "So what is to be done in this matter, we will take a call," he said. The minister said the process has to be followed, but how to "integrate the inquiry already conducted" needs to be decided. "As per the rule, a committee has to be constituted and then the committee has to submit a report and the report will be tabled in the House and discussions will start to impeach. Here, a committee has already been constituted, not by Parliament. But it cannot be brushed aside" as it was constituted by the CJI, he said. Responding to questions that a committee has to be mandatorily formed under the Judges (Inquiry) Act, Rijiju said the speaker will take a decision in this regard. He said reconciling the report of the in-house panel and the one under law is a "secondary matter". The primary objective is to bring the impeachment motion. Monsoon session begins July 21 and ends August 12. A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at the outhouse. Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. The apex court has since transferred him to his parent high court, the Allahabad High Court, where he has not been assigned any judicial work. Supreme Court judge V Ramaswami and Calcutta HC judge Soumitra Sen had earlier faced impeachment proceedings but they resigned. Justice Varma's removal proceedings will be taken up in the upcoming Monsoon session of Parliament. This will be the first ever impeachment proceeding to be taken up in the new Parliament building. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
New Indian Express
an hour ago
- New Indian Express
Cash discovery row: Resignation only option before Justice Varma to avoid removal by Parliament
NEW DELHI: Resignation is the only option before Justice Yashwant Varma to avoid impeachment by Parliament as the government pushes for bringing a motion to remove the Allahabad High Court judge over alleged corruption. Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the Houses, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation. Should he decide to resign, he will get pension and other benefits entitled to a retired HC judge. But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted. According to Article 217 of the Constitution, a high court judge "may, by writing under his hand addressed to the President, resign his office." A judge's resignation does not require any approval. A simple resignation letter is sufficient. A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office. Removal by Parliament is the other way a judge can vacate office. Then Chief Justice of India Sanjiv Khanna had written to the president and the prime minister to remove Justice Varma, mired in the cash discovery row.
Time of India
an hour ago
- Time of India
Cash discovery row: Resignation only option before Justice Varma to avoid removal by Parliament
New Delhi: Resignation is the only option before Justice Yashwant Varma to avoid impeachment by Parliament as the government pushes for bringing a motion to remove the Allahabad High Court judge over alleged corruption. Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the House, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation. Should he decide to resign, he will get pension and other benefits entitled to a retired HC judge. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Belly Fat Removal Without Surgery? The Cost Might Surprise You (See Prices) Belly Fat Removal | Search Ads Undo But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted. According to Article 217 of the Constitution, a high court judge "may, by writing under his hand addressed to the President, resign his office." Live Events A judge's resignation does not require any approval. A simple resignation letter is sufficient. A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office. Removal by Parliament is the other way a judge can vacate office. Then Chief Justice of India Sanjiv Khanna had written to the president and the prime minister to remove Justice Varma, mired in the cash discovery row. Justice Khanna's report was based on the findings of a three-judge in house panel which investigated the case. Justice Khanna had prodded Varma to resign but he had refused, sources had earlier said. A motion could be brought in either of the two Houses of Parliament. In the Rajya Sabha, at least 50 members have to sign the motion. In Lok sabha, 100 members have to support it. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought. The committee consists of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts and a " distinguished jurist". Parliamentary Affairs Minister Kiren Rijiju had last week said the present case is "slightly different" as an in-house committee formed by then CJI Khanna has already submitted its report. "So what is to be done in this matter, we will take a call," he said. The minister said the process has to be followed, but how to "integrate the inquiry already conducted" needs to be decided. "As per the rule, a committee has to be constituted and then the committee has to submit a report and the report will be tabled in the House and discussions will start to impeach. Here, a committee has already been constituted, not by Parliament. But it cannot be brushed aside" as it was constituted by the CJI, he said. Responding to questions that a committee has to be mandatorily formed under the Judges (Inquiry) Act, Rijiju said the speaker will take a decision in this regard. He said reconciling the report of the in-house panel and the one under law is a "secondary matter". The primary objective is to bring the impeachment motion. Monsoon session begins July 21 and ends August 12. A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at the outhouse. Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. The apex court has since transferred him to his parent high court, the Allahabad High Court, where he has not been assigned any judicial work. Supreme Court judge V Ramaswami and Calcutta HC judge Soumitra Sen had earlier faced impeachment proceedings but they resigned. Justice Varma's removal proceedings will be taken up in the upcoming Monsoon session of Parliament. This will be the first ever impeachment proceeding to be taken up in the new Parliament building.
