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July 31, 2010

Anti-dowry law often misused: Delhi HC CJ

Updated on Saturday, January 13, 2007, 00:00
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New Delhi, Jan 13: The anti-dowry law is more often being misused than used and caution should be exercised by the judiciary in dealing with such cases, Delhi High Court Chief Justice Vikramajit Sen said Saturday.

"Don't allow it to happen as the misuse of Section 498(A) of the Act (which allows criminal proceedings against husbands and their relatives) often nullifies the genuineness of the cases. This is a note of caution," he said at a seminar here.

Expressing concern over some lawyers advising their clients to add more offences under the Act to their complaints which are actually civil in nature, Jain said, "Section 498(A) is more often misused than used. Because of this vast misuse, it (cases) needs circumspection."

He also expressed hope that the newly-enacted Domestic Violence Act would provide immediate relief to the aggrieved women.

Highlighting the provisions of the Domestic Violence Act, Sen said, "What was found was that what they really needed was civil protection and this has been the most important feature of the step."

"What it seeks to be a view is civil protection -- be it a wife or an ordinary women in the family. It protects your residence," he said.

Bureau Report

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