‘Demand After Marriage Sufficient to be Considered Dowry’: Kerala HC in Vismaya Case
2 years, 3 months ago

‘Demand After Marriage Sufficient to be Considered Dowry’: Kerala HC in Vismaya Case

News 18  

Refusing to accept the argument that there was no demand for dowry before or at the time of marriage, the Kerala High Court recently observed that a subsequent demand is sufficient to attract punishment under the Dowry Prohibition Act. Taking note of the material available on record, the court noted that the subsequent conduct on Kumar’s part showed that after marriage, he had abused and assaulted his wife for dowry. “…the amended definition of dowry in Section 2 of the Act includes not only the period, before and at the time of marriage, but also the period subsequent to marriage,” the court said. It refused to suspend Kumar’s sentence during the pendency of the appeal moved by him and held that there was no patent infirmity in the order of the trial court, which found him guilty of committing offences punishable under Sections 498A, 306 and 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

Marriage Court Demand Kumar Dowry No Demand Vismaya Case  considered  refused  demand  act  kerala  subsequent  marriage  dowry  court  hc  suicide  vismaya  case  sufficient  kumars

History of this topic

SC slams ‘casual’ bail in cases of dowry deaths
2 weeks, 4 days ago

SC slams ‘casual’ bail in cases of dowry deaths

Hindustan Times  

The Supreme Court has expressed grave concern over the persistence of dowry deaths in India, cautioning that a lax approach in granting bail in such cases could erode public faith in the judiciary’s commitment to tackling the menace. Calling dowry deaths a “grave social concern”, the court underscored the need for heightened vigilance while dealing with bail pleas in such …

Murder for dowry: Bareilly court awards death to husband, in-laws
1 month, 2 weeks ago

Murder for dowry: Bareilly court awards death to husband, in-laws

Hindustan Times  

The additional district and sessions judge of Uttar Pradesh’s Bareilly district court on Thursday awarded death sentence to a man and his parents after they were found guilty of his wife’s murder for dowry. The court said if in such cases leniency was adopted, it would lead to spurt in dowry killings. Farah was allegedly hacked to death by her …

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws
1 month, 3 weeks ago

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws

Live Law  

The Karnataka High Court has held that merely because the deceased had scribed that no one is responsible in the death note, a court, while relying on the same, cannot quash the proceedings initiated against husband and in-laws for charges of cruelty and dowry death. The bench said “It is rather unfortunate that the age-old menace of dowry death still …

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case
3 months, 1 week ago

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case

Live Law  

" This Court also observes that in the instant case, the crime in question took place within the four-walls of the victim's matrimonial house and therefore, in such a circumstance the burden is upon the in-laws who were present in the house to explain the facts and the circumstances under which the incident in question has taken place, by virtue …

Husband, father-in-law booked for dowry death 2 yrs after woman’s suicide
3 months, 3 weeks ago

Husband, father-in-law booked for dowry death 2 yrs after woman’s suicide

Hindustan Times  

Navi Mumbai: More than one-and-a-half-years after a 29-year-old woman died by suicide at her apartment in Kharghar, police have booked her husband and father-in-law for dowry death following an order issued by the magistrate’s court in Panvel. Husband, father-in-law booked for dowry death 2 yrs after woman’s suicide “I travelled for over 15 hours from Ahmednagar to Panvel for each …

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws
3 months, 3 weeks ago

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws

Hindustan Times  

The Supreme Court on Tuesday cautioned courts against the indiscriminate prosecution of a husband’s relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes. “We have no hesitation to hold that the said observation of this court is in fact, sounding of a caution, against non-discharge of the duty to see whether implication of …

A saga of dowry dilemma
7 months, 3 weeks ago

A saga of dowry dilemma

New Indian Express  

CHENNAI: Dowry was made illegal in India in 1961, with the Dowry Prohibition Act that penalised both the receiving as well as the offering of dowry. Across class lines, across stated politics, dowry in practice exists — and looks like a lot of other things. According to the Court, this demand “would not come within the ambit of dowry”, which …

Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court
9 months, 3 weeks ago

Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court

Live Law  

In a recent judgment, the Allahabad High Court has elucidated on provisions of the Dowry Prohibition Act, 1961 and the Uttar Pradesh Dowry Prohibition Rules, 1999 and observed that groom and his family are being prosecuted under Section 3 of the Dowry Prohibition Act, 1961 merely based on the statements made by the bride and her family. Prima facie, this …

Dowry is still a dream-killer in Kerala
1 year, 3 months ago

Dowry is still a dream-killer in Kerala

The Hindu  

Trigger warning: the following article contains references to suicide. The IMA would continue to fight such regressive tendencies which brings disrepute to “the field of modern medical science and the medical fraternity,” its State president Joseph Benaven and State secretary K. Sasidharan said. Data paint a grim picture Yet, the fact remains that legal deterrents such as the Dowry Prohibition …

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
1 year, 6 months ago

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Live Law  

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

Vismaya Dowry Death Case: Kerala High Court Refuses To Suspend Husband Kiran Kumar's 10-Yrs Sentence
2 years, 3 months ago

Vismaya Dowry Death Case: Kerala High Court Refuses To Suspend Husband Kiran Kumar's 10-Yrs Sentence

Live Law  

The Kerala High Court on Tuesday dismissed the application filed by Kiran Kumar, the convict in the Vismaya dowry death case, seeking an interim order for suspension of his 10 years sentence.The application was moved in a Criminal Appeal against his conviction and sentence handed down in May this year following his wife's death under mysterious circumstances, after she had …

Vismaya Dowry Death Case | Legal System Must Remain Immune From Media And Public Pressure: Kerala High Court
2 years, 4 months ago

Vismaya Dowry Death Case | Legal System Must Remain Immune From Media And Public Pressure: Kerala High Court

Live Law  

The Kerala High Court on Wednesday, while considering the convict's appeal in the Vismaya dowry death case, said the legal system must remain immune from the public and media pressure while dealing with sensational cases. The appeal has been moved by Kiran Kumar against his conviction and the sentence imposed on him by the trial court in the case related …

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court
2 years, 7 months ago

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. Upon appreciating the evidence in the case, the Court examined the essentials required to constitute an offence of dowry death under Section 304B. Therefore, finding that the prosecution failed …

Vismaya Dowry Death: Husband Kiran Kumar Moves Kerala High Court Challenging Conviction & Sentence
2 years, 8 months ago

Vismaya Dowry Death: Husband Kiran Kumar Moves Kerala High Court Challenging Conviction & Sentence

Live Law  

Kiran Kumar, the convict in the Vismaya dowry death case has approached the Kerala High Court challenging his conviction and the sentence imposed on him by the trial court.Justice Kauser Edappagath admitted the appeal and issued notice to the respondents. Kiran Kumar, the convict in the Vismaya dowry death case has approached the Kerala High Court challenging his conviction and …

Husband found guilty in Vismaya dowry death case
2 years, 9 months ago

Husband found guilty in Vismaya dowry death case

The Hindu  

The Kollam Additional Sessions Court on Monday found Kiran Kumar, the only accused in Vismaya dowry death case, guilty. Vismaya, a 24-yer-old BAMS student was found dead on June 21, 2021 and as per the 500-page chargesheet submitted before Sasthamcotta Judicial Magistrate Court, she was forced to take the extreme step due to consistent dowry harassment. Dismissed from service Kiran …

Kerala HC grants bail to husband of law student who died by suicide
3 years, 1 month ago

Kerala HC grants bail to husband of law student who died by suicide

Deccan Chronicle  

Kochi: The Kerala High Court on Monday granted bail to the husband of a 21-year-old law student who died by suicide leaving behind a note blaming him, his parents and a police officer for taking the extreme step. Subsequently, the husband had moved a second bail plea claiming that the police officer was responsible for the law student taking the …

Need For A legislative Overhaul Of Dowry Prohibition Statutes
3 years, 3 months ago

Need For A legislative Overhaul Of Dowry Prohibition Statutes

Live Law  

The Department of Women Welfare in Uttar Pradesh has sought affidavits from public servants declaring that they have received no dowry when they got married. The Dowry Prohibition Act, 1961 was enacted to prohibit the "giving and receiving of dowry". Criminalizing the "unwilling act" of the victim and her family is the primary obstacle in serving justice, Section 3 of …

Kerala Dowry Death: Vismaya Driven to Suicide Due to Harassment, Says Chargesheet
3 years, 6 months ago

Kerala Dowry Death: Vismaya Driven to Suicide Due to Harassment, Says Chargesheet

News 18  

Kerala police on Friday submitted the chargesheet in the Vismaya case in which an Ayurveda medical student was found dead in her husband’s house under mysterious circumstances after she had complained of dowry harassment. The 500-page chargesheet says Vismaya committed suicide due to dowry harassment and there were 102 witnesses and 56 pieces of evidence including digital ones. A day …

Male government staff in Kerala to give a \'no-dowry declaration\' upon marriage
3 years, 7 months ago

Male government staff in Kerala to give a \'no-dowry declaration\' upon marriage

Deccan Chronicle  

Kerala: In an attempt to strengthen the implementation of the Dowry Prohibition Act 1961 and lessen dowry cases in the state, the Kerala government has issued a circular demanding all male government employees to sign and submit a “no-dowry declaration” within one month of marriage. The State Women and Child Development Director, who doubles as the Chief Dowry Prohibition Officer …

Dowry-Matrimonial Homes Become Most Dangerous Place To Live For Women: Kerala High Court
3 years, 8 months ago

Dowry-Matrimonial Homes Become Most Dangerous Place To Live For Women: Kerala High Court

Live Law  

The Kerala High Court on Wednesday refused to grant anticipatory bail to a doctor and his family for allegedly harassing his wife and even her aged father, over dowry.Justice V Shircy while dismissing the pre-arrest bail plea noted that the defacto complainant has produced medical records to substantiate her contentions. The Kerala High Court on Wednesday refused to grant anticipatory …

Dowry Prohibition Act's Implementation A Matter To Be Seriously Looked Into : Kerala High Court
3 years, 8 months ago

Dowry Prohibition Act's Implementation A Matter To Be Seriously Looked Into : Kerala High Court

Live Law  

A Division Bench of the Kerala High Court on Friday while hearing a PIL directed the State government to seriously look into the implementation of the Dowry Prohibition Act and the Rules framed thereunder. Chef Justice S Manikumar and Justice Shaji P Chaly also directed the State to inform the Court as to the steps taken since 2004 in the …

Kerala HC Issues Notice to State Govt on Poor Implementation of Dowry Prohibition Act
3 years, 8 months ago

Kerala HC Issues Notice to State Govt on Poor Implementation of Dowry Prohibition Act

News 18  

The Kerala High Court on Friday issued notice to the State government on a writ petition seeking amendments and strict implementation of the Dowry Prohibition Act, 1961. The court asked why there was no appointment made to the posts of Dowry Prohibition Officers though dowry deaths were being reported frequently. Though Parliament has enacted the Dowry Prohibition Act, 1961, it …

Kerala: 19-year-old harassed by in-laws for dowry found dead at home, family alleges murder
3 years, 8 months ago

Kerala: 19-year-old harassed by in-laws for dowry found dead at home, family alleges murder

India Today  

A 19-year-old woman, allegedly facing dowry harassment by her in-laws, was found dead at home nearly three months after her marriage in Kerala. READ: Kerala woman found dead days after she alleged dowry harassment by husband The victim's family alleged that even after receiving 51 sovereigns of gold and a car as dowry, the in-laws had been demanding Rs 10 …

'Dowry Degrades Daughters to Commodities': Kerala CM Launches Helpline for Domestic Abuse Victims
3 years, 8 months ago

'Dowry Degrades Daughters to Commodities': Kerala CM Launches Helpline for Domestic Abuse Victims

News 18  

The heart wrenching story of a 24-year-old Kerala woman’s alleged torture and death due to domestic abuse has sent shockwaves across the country. Condemning the tragic incident, Kerala Chief Minister Pinarayi Vijayan has called for the annihilation of the ‘barbaric dowry system’ which ‘degrades our daughters as commodities.’ He urged people to ‘treat them better, as human beings.’ In a …

Three Dowry-related Deaths in Kerala Over 24 Hours Stirs Anger, SIT to Probe Cases
3 years, 9 months ago

Three Dowry-related Deaths in Kerala Over 24 Hours Stirs Anger, SIT to Probe Cases

News 18  

Three recent cases of suspected dowry deaths in Kerala has led to outrage and demands for changes in law preventing such incidents. A 24-year-old woman was found dead with burn injuries in her rented home where she was staying with her husband in Thiruvanathapuram’s Vizhinjam area, police said on Tuesday. WhatsApp Case The deaths were reported on Monday hours after …

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC
3 years, 11 months ago

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC

Live Law  

While refusing to suspend the sentence awarded to a couple convicted for the offence under Section 498-A of IPC, the Madras High Court recently observed that the first and foremost responsibility of the parents is to groom their children as responsible citizens. The Court further added, "Taking advantage of that, a wrong message has gone to the Society that the …

Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court
4 years, 3 months ago

Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court

Live Law  

The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural.The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon …

[Section 304B IPC] Failure To Lodge FIR Complaining Dowry & Harassment Before Death Of Victim Inconsequential: SC [Read Judgment]
4 years, 7 months ago

[Section 304B IPC] Failure To Lodge FIR Complaining Dowry & Harassment Before Death Of Victim Inconsequential: SC [Read Judgment]

Live Law  

The failure to lodge an FIR complaining of dowry and harassment before the death of the victim is inconsequential, observed the Supreme Court while setting aside the Allahabad High Court order that granted bail to a man who was convicted in a dowry death case. In appeal before the High Court, he contended that the No FIR in relation to …

Four get five years jail for dowry harassment, abetting suicide
5 years, 4 months ago

Four get five years jail for dowry harassment, abetting suicide

Hindustan Times  

The Thane sessions court on Wednesday awarded five years rigorous imprisonment to four members of a family after the wife of the first accused committed suicide, alleging dowry harassment around six years ago. The main accused, Naresh Kothari, 41, and Indrakumari had married around 14 years before the incident. Rajendra Chavan, senior inspector of Nerul police station said, “The couple …

Supreme Court says no dowry complaint can be filed post-divorce
6 years, 6 months ago

Supreme Court says no dowry complaint can be filed post-divorce

Deccan Chronicle  

New Delhi: The Supreme Court has held that prosecution of husband and his family members under Section 498 A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act is not sustainable when the complaint is filed by the wife long after the divorce. Giving this ruling a bench of Justices S. A. Bobde and …

Kerala HC shows progressive bent in allowing live-in relationships but protectionist approach infantilises women
6 years, 9 months ago

Kerala HC shows progressive bent in allowing live-in relationships but protectionist approach infantilises women

Firstpost  

In May 2017, the Kerala High Court upheld the habeas corpus petition of KM Ashokan, and pronounced that his daughter, Hadiya was not capable of taking her own decisions around marriage and religious rights. The constitutional court is bound to respect the unfettered right of a major to have live-in relationship even though the same may not be palatable to …

SC to review its own order restricting automatic arrests in dowry cases, says judgment went against women’s rights
7 years, 5 months ago

SC to review its own order restricting automatic arrests in dowry cases, says judgment went against women’s rights

Firstpost  

The Supreme Court on Friday said that it will review its July order diluting the anti-dowry law and added that it won’t allow the legislation to become meaningless The Supreme Court on Friday said it will review its July order diluting the anti-dowry law and added that it won’t allow the legislation to become meaningless, said media reports. #BREAKING -- …

Dowry Death: Section 304B IPC Does Not Contemplate Harassment Minutes Or Hours Before Death: Delhi HC
7 years, 9 months ago

Dowry Death: Section 304B IPC Does Not Contemplate Harassment Minutes Or Hours Before Death: Delhi HC

Live Law  

The High Court of Delhi recently refused to set aside the conviction of a man in a case of dowry death merely on the ground that no harassment had occurred right before the incident.“Section 304B IPC does not contemplate that the harassment should be within minutes or hours or few days of the time since death but a reasonable period …

Dowry death social crime but can't convict husband without proof, says Delhi court
8 years, 3 months ago

Dowry death social crime but can't convict husband without proof, says Delhi court

Firstpost  

It is a heinous crime to hang one’s wife to death but a husband cannot be convicted without any reliable evidence, a Delhi court has said while acquitting a man and his family members in a murder and dowry death case. New Delhi: It is a heinous crime to hang one’s wife to death but a husband cannot be convicted …

Presumption in dowry death to be backed by cruelty proof: Supreme Court
8 years, 4 months ago

Presumption in dowry death to be backed by cruelty proof: Supreme Court

Firstpost  

The presumption of culpability against an accused in a dowry death case under the Evidence Act would be “activated” only when there is a proof that a deceased woman had been subjected to cruelty for demand of dowry, the Supreme Court has ruled. New Delhi: The presumption of culpability against an accused in a dowry death case under the Evidence …

More than 10000 cases registered under the Dowry Prohibition Act during 2014 ;Maneka Gandhi
8 years, 10 months ago

More than 10000 cases registered under the Dowry Prohibition Act during 2014 ;Maneka Gandhi

Live Law  

As per the National Crime Records Bureau data, a total number of 9038, 10709 and 10050 cases have been registered under the Dowry Prohibition Act, 1961 during 2012, 2013 and 2014 respectively. Similarly, a total number of 8233, 8083 and 8455 cases were registered of Dowry Death in the country during 2012, 2013 and 2014 respectively. All the States except …

Alleged Dowry demand made two years before death is not “soon before her death” to attract Section 304B IPC : Supreme Court [Read Judgment]
9 years, 1 month ago

Alleged Dowry demand made two years before death is not “soon before her death” to attract Section 304B IPC : Supreme Court [Read Judgment]

Live Law  

Supreme Court, in State of Karnataka vs. Dattaraj has held that alleged demand of dowry about two years before the death of the Wife would not satisfy the requirement of “soon before her death” contemplated under Section 304B of the Indian Penal Code.Apex Court Bench comprising of Justices Jagdish Singh Khehar and S.A. Bobde on Monday upheld the Karnataka High …

Alleged Dowry demand made two years before death is not “soon before her death” to attract Section 304B IPC : Supreme Court [Read Judgment]
9 years, 1 month ago

Alleged Dowry demand made two years before death is not “soon before her death” to attract Section 304B IPC : Supreme Court [Read Judgment]

Live Law  

Supreme Court, in State of Karnataka vs. Dattaraj has held that alleged demand of dowry about two years before the death of the Wife would not satisfy the requirement of “soon before her death” contemplated under Section 304B of the Indian Penal Code.Apex Court Bench comprising of Justices Jagdish Singh Khehar and S.A. Bobde on Monday upheld the Karnataka High …

Dowry? Dowry? No! Papa: Kerala woman slaps a hard one on the age old custom
9 years, 3 months ago

Dowry? Dowry? No! Papa: Kerala woman slaps a hard one on the age old custom

Firstpost  

Remya Ramachandran, decided to take the malpractice of dowry by the horns and cancelled her wedding after the groom demanded money and gold as dowry. These numbers show that even though it has been 53 years since the Dowry Prohibition Act came into being, dowry is a non-negotiable factor during wedding discussions in many families. Remya Ramachandran, however, decided to …

Intolerable Cruelty: Fairness at the Cost of Dowry Deaths?
9 years, 11 months ago

Intolerable Cruelty: Fairness at the Cost of Dowry Deaths?

The Quint  

In light of the rising number of false dowry cases, the Modi government has decided to amend the anti-dowry law, to make it less stringent. The Law: Then and Now As it stands presently, if a woman files a complaint alleging dowry harassment under section 498 of the Indian Penal Code, it becomes a non-compoundable and non-bailable offence. – Maneka …

Pre marriage demand not the chronological qualification for Dowry penology, punishment attracted if demanded at any time: Supreme Court
10 years, 1 month ago

Pre marriage demand not the chronological qualification for Dowry penology, punishment attracted if demanded at any time: Supreme Court

Live Law  

Demand for dowry can be made at any time and not necessarily before marriage, the Supreme Court has said while upholding the life term awarded to a man for poisoning and burning his wife to death in 1997. A bench of justices M Y Eqbal and Pinaki Chandra Ghose rejected the plea that the accused did not demand any dowry …

SC verdict on anti-dowry law retrograde: CPI(M)
10 years, 8 months ago

SC verdict on anti-dowry law retrograde: CPI(M)

India TV News  

SC verdict on anti-dowry law retrograde: CPI New Delhi: CPI today termed the Supreme Court verdict on the anti-dowry law as “retrograde” and said it diluted the present legislation on the matter. “It is a regrettable and retrograde verdict from the Supreme New Delhi: CPI today termed the Supreme Court verdict on the anti-dowry law as “retrograde” and said it …

Dowry is social anathema, must be dealt with firmly: SC
11 years, 3 months ago

Dowry is social anathema, must be dealt with firmly: SC

India TV News  

New Delhi: The Supreme Court today expressed concern over growing dowry culture in the society saying it is a “social malaise” which must be dealt with firmly. Holding dowry as a disgraceful and distressing reality, a bench of justices T S Thakur and Vikramajit Sen at the same time also said the penal provision against dowry harassment is being abused.“Judges …

Dowry harassment and the law
25 years, 7 months ago

Dowry harassment and the law

The Hindu  

OVER the last ten to 15 years, penal statutes have been amended under pressure from women's groups in order to prevent marital violence against women. These changes seek to protect women against all forms of marital violence by broadening the definition of cruelty, making penalties higher, and relaxing evidentiary requirements. Dowry deaths constitute a special category of death that was …

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