Thursday, November 6, 2014

if no dowry demand during matrimonial life, how demand after more than 1 yr when wife was wid parents !! Wife's appeal dismissed


Gist of judgement
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* no dowry demand when wife lived in matri home !!
* wife left matri home in 2007 and went to her parents place
* she then allges that husband demanded dowry on 25.2.2008 almost one year after seperation !!
* wife files a very delayed appeal
* court dismissed wife's appeal

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Delhi High Court

Ramesh Chandra Mamgai vs State Of Uttarakhand & Another on 1 May, 2014

SPLA 17/2014

In

CRLA 37/2014

Hon'ble Servesh Kumar Gupta, J.

Mr. R.K. Shah, Dy. Adv. General (Cri.) for the State/applicant/appellant.
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This appeal has been filed with a delay of 226 days wherefor no plausible explanation has been given by way of either ground, as deposed in the affidavit.

Otherwise also, on the merits of the case, I have gone through the impugned judgment.

It transpires that there is no consistency in the statements of PW1 (victim/bride) and her two neighbouring witness of the native place. Victim states that she is residing since 2007 in her parents' house while the dowry was demanded from her on 25.2.2008. It is difficult to understand that if the husband has not demanded any dowry during her living in the matrimonial house, then how the same could have been demanded after more than one year when she was living with her parents.

So, on view of what has been stated above, I feel that there is no force in this appeal on both scores. Accordingly, the delay condonation application is rejected. With the result, special leave to appeal application and the Appeal are dismissed.

(Servesh Kumar Gupta, J.)

01.05.2014

Rdang

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*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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