IN SUPPORT OF THE RECENT JUDGMENT OF THE SUPREME COURT OF INDIA
whereby it clarified that gifts are not dowry




We support Supreme Court’s recent Judgment whereby it clarified that gifts are not dowry (as per news report in TOI)Demand for Gift after marriage is not Dowry Says Supreme Court of India
The Supreme Court has ruled that demand for money and presents from parents of a married girl at the time of birth of her child or for other ceremonies, as is prevalent in society, may be depreciable but cannot be categorized as dowry to make it a punishable offence. This means, if a daughter-in-law is being harassed for customary gifts by parents-in-law, then they could be booked under ordinary penal provisions but not under the tough anti-dowry laws providing stringent punishments. Acquitting the parents-in-law of a woman who had accused them of harassing her for dowry, a Bench comprising Justices Arijit Pasayat and S Sathasivam took help of a 2001 judgment of SC to say that not all demands from the parents-in-law could be categorized as dowry under the Dowry Prohibition Act. It said though the Act covers payment of money or articles during, before or after marriage by the girls parent to her in-laws, the cash and presents given had to have a link with the marriage to become objectionable in law. Other payments which are customary payments, for example given at the time of birth of a child or other ceremonies as are prevalent in different societies, are not covered by the expression dowry, said Justice Pasayat, writing the judgment for the Bench.
A Haryana trial court had continued the dowry harassment charges against the woman's husband while acquitting the parents-in-law, the married sister and brother of the husband. Though the high court allowed quashing of charges against the sister and brother, it said the parents-in-law were liable to be proceeded against. The apex court said that when the trial court had held that an attempt had been made by the woman to rope in as many relatives of her husband as possible, the HC should have given some reasons while reversing a well-reasoned order.
It said judicial discipline demanded the HCs to give clear reasons when reversing a trial court order backed by facts. Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the 'inscrutible face of the sphinx', it can, by its silence, render it virtually impossible for the courts to perform their appellate function or exercise the power of judicial review in adjudicating the validity of the decision, the Bench said.


Prior to this ruling, our lawmakers as well as the radical feminist organizations had never opened their eyes or tried to understand the basis behind the same, and the result was more and more misuse of Dowry Laws. Thus far, we have been silent witnesses to the extortion of money or obtaining custody and a legal advantage in the divorce case in more than 98% of the false dowry complaints (as per the court records), where it is the wife’s family that is demanding and taking money from the husband’s family in open court (in return for them agreeing to have the husband/his family released from jail) and the same is not considered a crime.

The bride and groom’s family in every culture around the world give gifts. Dowry itself is a bogus word that did not exist in India prior to the arrival of the British who had been practicing it for centuries (without a single dowry complaint having been filed in England). However, the word ‘Dowry’ has been misused by the radical Indian feminist organizations and the greedy/money minded girls’ families who hide behind the word ‘Dowry’ and cheat their own daughter/sisters basic right on Streedhan and equal right in parental property and always treat the husband’s family as a free ATM machine.

The Save Family Foundation and their associate organizations, and even Ms. Madhu Kiswar, have continuously demanded and urged that if any one harasses others for any money or property the same should be termed as Extortion or Blackmail. However, our lawmakers failed to accept that. Finally, the Supreme Court of India has understood that each and every dispute should not be termed as Dowry Harassment which is one small step towards stopping the Legal Terrorism and rampant Misuse of 498A, DV act and CRPC125 maintenance act.

Every 4 minutes in India an innocent person (who never demanded any dowry or money from the wife/daughter-in-law) including old mothers/pregnant sisters/children are facing false and fabricated Dowry cases and sent behind bars without any evidence (since no evidence is required and 498A is non-bailable). Despite the Law commission and various judges’ recommendations to make 498A a bailable offence, our lawmakers have not made any effort to save the innocent people who are being victimized by the abusive women and their families. We must stop this legal terrorism (as termed by the Supreme Court of India) by our radical women organizations that openly advocates and legitimizes adultery by the wife and killing of the unborn child (against the husband’s wishes).

We applaud the recent judgment of the Supreme Court of India whereby it clarifies that gifts are not dowry. We request the Supreme Court of India to set up an in-depth review by a panel of happily married lawyers, retired judges, elders and representatives from the men’s organizations that should also look into the complaints regarding the misuse of these laws. All laws that affect families should also take into account that mothers and sisters are women too, and it takes two to tango.

The Hon’ble Supreme Court in Batra v Batra rightly decided that the right should only available to a woman in a household owned by the husband and not in the household owned by the in laws, even though it may have been the shared household. In a country where the joint family pattern of residence is then norm, any other judgment virtually gives a license to women to throw out senior citizens from the own home with the help of a bad law. Every family has a right to live free from abuse. Denial of the right to reside in their own home for senior citizens is one of the most extreme forms of abuse, rendering the parents and grandparents homeless and insecure. There are numerous concerted efforts being made among the radical women’s groups to abuse these badly drafted gender baised laws.


We, the undersigned, therefore support the Supreme Court of India whereby it clarified that gifts are not dowry and request the following:


· Review the complaints of all those crying of misuse of these laws and by taking appropriate steps in the Supreme Court of India.
· Appoint full time qualified Investigating Officers (who should be held responsible if any misuse of the law is reported) and notifies Service Providers and medical facilities.
· Impose legal sanctions all women (and their helpers) who are misusing the law.
· We request all of you to sign this e – petition to support the above-mentioned ruling of the Supreme Court of India. Please write letters separately to the Chief Justice of India with copies to us:


We also request you to forward it further amongst your partners, networks and friends.


Please support our cause, Those anti social Women organisation influenced by wester ideas, Which are total against Interest of Indian Family system

JAI HIND.


Thank you for signing

For:Save Indian Society / Asha - Kiran / Save Family / MyNation

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PosterComments
Posted on Feb 4, 2010
Name: Dr Sanjay kumar mishra
Website: Visit
My wife n her parents put false allegation on me for dowry under section 9 , and trying to put me and my parents behind bars , so please help us
Posted on Jan 20, 2010
Name: Prem Anand R
Website: Visit
Draconian laws such as DV needs to be revised eliminating gender biasedness
Posted on Jan 18, 2010
Name: Mohsin Akhtar
Website: Visit
please sent all document for judgment copy through law
Posted on Jan 15, 2010
Name: pradeep verma
Website: Visit
gender biased laws need to be modified by law commission'elderly parents be exempted no case be registered without evidence under dowry act
Posted on Jan 9, 2010
Name: vikas
Website: Visit
why such type of gender laws are made
Posted on Jan 7, 2010
Name: ranjit kaur
Website: Visit
we also victim of such case my bhabi got case registered against us for dowry that is totally false and i want help i m working in resedential school and go home occasinaly and my sstr is married bt she filed against us also .pl hellp if possible
Posted on Dec 17, 2009
Name: Nagi
Website: Visit
Undeniably its an order of merit
Posted on Dec 13, 2009
Name: Inder
Website: Visit
I fully support this.
Posted on Dec 11, 2009
Name: Niladri Bhattacharjee
Website: Visit
I welcome and appreciate the judgement made by the Supreme Court. I suggest that there should be strict laws for the wife who makes such false cases. If any wife fails to prove dowry harassment against her she should be sentenced to jail for minimum of 2-3 years. This will give some relief to the families suffering false allegations.
Posted on Dec 9, 2009
Name: Manoj Kumar
Website: Visit
I support and welcome the verdict. Look forward to more such decisions.
Posted on Dec 3, 2009
Name: Ramesh
Website: Visit
Girls are misusing 498(A) law and threatening innocent husbands by demanding lots of money that the girl herself would not have seen that much of money ever in her life.

Please change the law and protect poor husbands and their families. Why is this injustice?

Please help..
Posted on Dec 1, 2009
Name: om prakash prasad
Website: Visit
I strongly support this because due to this many lives are getting spoiled and due to this only many violences will erupt in future by "not raising the child with good emotional, financial, healthier environment"
Posted on Nov 30, 2009
Name: VIJAY KUMAR GUPTA
Website: Visit
I am also support this judgement of supreme court but i want o give a suggetion even in case of misuse of 498A please do not arrest the old parenet, relatives of husband, as in that case husband make sucide.
Posted on Nov 16, 2009
Name: Ashok from Mumbai
Website: Visit
I want the conversation i had few month back with u regarding my issue, as i and my wife are seperated from last one year so can i go for second marraige without going for divorce. she is also working somewhere. we were seperated earlier also for 3 nad half year but again were together for 1 1/2 year as i tried everything to keep family bond but i had suffered a lot from my wife and her family and from 15th november 2008 she is again with her family. she left my house on her own and i have a NC of it at my police station. If i go for divorce they will demand a lot and i don't want to give a single penny of my hard earned money. we were married on 17th nov. 2002 but my wife had hardly lived with me. she went for baby's delivery and did'nt came back demanding me to stay seperate from my family as she knew i had soft corner for kids. after 3 and half year we stayed seperate away from my family but my wife touchered me every know and then and my son was not allowed to meet my family members and so on. even today my son is with here. she and her family teaches all negative things of me and my family to my son.
Posted on Nov 16, 2009
Name: Ashok from Mumbai
Website: Visit
I want the conversation i had few month back with u regarding my issue, as i and my wife are seperated from last one year so can i go for second marraige without going for divorce. she is also working somewhere. we were seperated earlier also for 3 nad half year but again were together for 1 1/2 year as i tried everything to keep family bond but i had suffered a lot from my wife and her family and from 15th november 2008 she is again with her family. she left my house on her own and i have a NC of it at my police station. If i go for divorce they will demand a lot and i don't want to give a single penny of my hard earned money. we were married on 17th nov. 2002 but my wife had hardly lived with me. she went for baby's delivery and did'nt came back demanding me to stay seperate from my family as she knew i had soft corner for kids. after 3 and half year we stayed seperate away from my family but my wife touchered me every know and then and my son was not allowed to meet my family members and so on. even today my son is with here. she and her family teaches all negative things of me and my family to my son.
Posted on Nov 16, 2009
Name: Ashok from Mumbai
Website: Visit
I want the conversation i had few month back with u regarding my issue, as i and my wife are seperated from last one year so can i go for second marraige without going for divorce. she is also working somewhere. we were seperated earlier also for 3 nad half year but again were together for 1 1/2 year as i tried everything to keep family bond but i had suffered a lot from my wife and her family and from 15th november 2008 she is again with her family. she left my house on her own and i have a NC of it at my police station. If i go for divorce they will demand a lot and i don't want to give a single penny of my hard earned money. we were married on 17th nov. 2002 but my wife had hardly lived with me. she went for baby's delivery and did'nt came back demanding me to stay seperate from my family as she knew i had soft corner for kids. after 3 and half year we stayed seperate away from my family but my wife touchered me every know and then and my son was not allowed to meet my family members and so on. even today my son is with here. she and her family teaches all negative things of me and my family to my son.
Posted on Nov 13, 2009
Name: amardeep
Website: Visit
i appriciate the judgement of he supreme court of india .i have seen and experience myself the suffering people from false cases of dowry and cruelty ,mosst of the women usee it harras the husbund. a lawer mayu help hiss client to save his client for saving him from false cases
Posted on Nov 12, 2009
Name: Vishal Sharma
Website: Visit
I strongly support that the Supreme Court must look into the matter and stop the misuse of the Anti-Dowry Law 498A. It is becoming very common for the girls to misuse the law and the vistims do not have any way to protect themselves. I request the Supreme court to please stop this injustice. Alternatively, if it is proved that Dowry case was fabricated the girl and her family should be punished and compensation be paid to the boy and his family. only then this evil practise will stop.
Posted on Nov 7, 2009
Name: PRASHANT ARORA
Website: Visit
please do something for god sake to stop this exploitation.is this the gender equality the constitution talks about??
Posted on Nov 4, 2009
Name: deepak joshi
Website: Visit
I have no problem with my marrige but get affraid that if something goes wrong tomorrow what will happen. All my family friends tell the boy now to keep control what ever girl is doing that is ignored by everybody. every one going to advice boy only . i am realy affraid if 498a continoius people will not marray and parents will not take any responcibilty of marrige. I think if it will continue after some years boys will go for only contact marrige,live in relation or not marry u will not find any other term in society
Posted on Oct 29, 2009
Name: Pankaj Thareja
Website: Visit
I am one of the victims. Though I am not an Indian National still my family is harrassed under 498A.

My wife and their family including uncles wants us to pay huge amount that we can't even afford to pay. Foreign national doesn't mean that dollars grows in our backyard.
Posted on Oct 26, 2009
Name: Biplab Sarkar
Website: Visit
DVA is just a Terrorist outfit sponsored by the Govt against its people.
Posted on Oct 26, 2009
Name: Sanjay Mehra
Website: Visit
Scrap Sec 498A and make DVA gender neutral. Scrap Dowry Prohibition Act also.
Posted on Oct 21, 2009
Name: T K Mandhata
Website: Visit
Law in India is totaly baised and pro women. The very purpose of enacting such law has lost it purpose and being misutilised by educated women/girl. these bised section are manace to the very existance of fearless socity and some time I feel these are in contrary to the fundamental right i.e right of equality. You are taking a very good step in assisting the dipressed fearful male member of socity who are living a life of terrible torture at work place as well as in home. More to this women commission entertain and support each and every case without under standing details of the case and presurising investigative agency to draft investigation report in favour of women. It very sad and depressing for all those who are suffering the legal blow from their female counterpart.
Posted on Oct 17, 2009
Name: Harpreet Singh Kapoor
Website: Visit
We thank and the court for this decsision and request the Apex court to punish the women who are abusing the law to fulfill their financial needs.
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