High court quashes dowry charges against husband but hails women empowerment

| January 26, 2015 | 0 Comments

Even though the high court hailed women empowerment, yet women bodies are up in arms against a high court judgment in a dowry case which exonerated the husband of dowry by allowing his quash petition.

Himmatchand, who was fighting a dowry case, filed by his wife Sharmeeli Devi sought to approach the high court for getting his case quashed. However, no lawyer was ready to take up his case and everyone thought it was not easy to get the case quashed for the argument that he was providing.

Finally a buddying lawyer Jolee LLB, decided to fight his case and took it up as a challenge. Even though, he himself wasn’t convinced with the argument and had little confidence that he could pull through but decided to take the plunge.

Having filed the petition, the case came up for hearing in Niryanak Mishra’s court and this is how the hearing went.

Judge: What is the case?

Jolee: Sir ji, I represent Himmatchand in this case of Section 498A put up for quash.

Judge: Why I should quash your case?

Jolee: Even, if we take the allegations at face value, still a case of Section 498A is not formed.

Judge: How so?

The arguments went on but Jolee was not able to convince the judge that it is a fit case for quashing.

Fearing that they might lose the case, Himmatchand stepped in and said, “Your honor, with your permission, I would like to say that the allegations put in the complaint by wife Sharmeeli Devi are too sub-standard and do not qualify to be in a dowry case.”

Continued Himmatchand,

“To begin with,

  1. There is no allegation that I have beaten my wife,
  2. There is no allegation about my mom taunting her for not bringing enough dowry
  3. There is no allegation on my dad telling the daughter-in-law that Himmat had offers from many other girls with higher amounts of dowry.
  4. There is no allegation that I have not given food to my wife.
  5. There is no allegation that I drove her out of the house at midnight.”

As the judge listened to the harassed husband Himmatchand, he ended his argument saying, “Your honor, this sub-standard complaint of dowry harassment lacking even basic ingredients of a standard and typical 498A case is a blot on my manhood and hence I request that this case be quashed.”

The judge observed that India being a patriarchal male dominated society, we cannot allow a complaint that challenges the manhood of a man. While, he stressed the paramount importance of women empowerment, the judge cautioned the lawyers drafting dowry harassment to make sure the standard of the complaints does not fall.

Jolee could not believe it that he cracked his first case with ease. When he came out of the court, Na-Real Times team interviewed him and asked him, “Sir, what motivated you to take up this difficult case?”

Jolee smiled and said, “A joke” and stunned everyone. He explained the case of a 88 year old man who was charged with rape in a false case and when asked why he accepted the charges even when he was innocent, the old man replied, “Ilzaam itna mardaana tha ki main manaa nahi kar paaya (The allegations were so damn masculine in nature that I could not refuse).”

Last seen were the Naari Mutti Morcha protesting against the judgment terming it downright patriarchal and shouting, “Down down Nirnayak Mishra”.

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Category: 498A, bail, Daughter-in-law

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