No Arrest for 2 Months in Dowry Harrasment Cases: Allahabad High Court

Allahabad High Court

In an unprecedented verdict, the Allahabad High Court has directed given the misuse of Section 498A of Dowry Harassment. The High Court has ordered that no arrest should be made for two months in the case registered under Section 498A of the IPC and at the same time a cooling period of two months should be given to both the parties. During this, the Family Welfare Committee should consider the matter and submit its report. This order has been given by Justice Rahul Chaturvedi.

Justice Rahul Chaturvedi of Allahabad High Court, while hearing Mukesh Bansal’s petition, said that live-in relationship is quietly taking the place of our socio-cultural beliefs and traditional marriages. This is the ground reality which we have to accept. Mukesh Bansal , Delhi resident had filed a petition against his daughter-in-law Shivangi Bansal (Goel), residing at Pilakhua, Hapur. Taking cognizance of his petition, the Allahabad High Court has given this decision.

Petitioner Mukesh Bansal while addressing the media said, “I thank the Hon’ble High Court for giving a historic verdict today. It has brought justice to all the victims’ families trapped in concocted and dubious cases of dowry harassment. In the coming time, this decision of the court will give relief to all those people who are victim of false cases. Such cases make the victim mentally and emotionally weak. They are looked down upon in the society. After this decision, the lost honor of the family has been regained.”

Justice Rahul Chaturvedi, who passed several directions, said that during the “cooling period”, the matter would be immediately referred to the Family Welfare Committee [FWC] in each district.

The judge clarified that only those cases shall be referred to the FWC in which section 498-A of IPC with no injury, section 307 and other sections of IPC involving imprisonment of less than 10 years has been invoked.

On the role of the FWC, the judge said, every complaint or application under Section 498A IPC and other relevant sections shall be forthwith referred to the Family Welfare Committee by the Magistrate concerned.

On receipt of the said complaint or FIR, the committee will invite both the parties to have a personal conversation with four elders and try to clear the issue/doubts between them within a period of two months from the date of registration of the case.