Dowry – Artifex.News https://artifex.news Stay Connected. Stay Informed. Wed, 11 Dec 2024 18:35:39 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 https://artifex.news/wp-content/uploads/2026/05/cropped-cropped-app-logo-32x32.png Dowry – Artifex.News https://artifex.news 32 32 Amid Techie Atul Subhash’s Suicide, Amid Techie Suicide Case, Supreme Court Lays Down 8 Factors For Deciding Alimony https://artifex.news/amid-techie-atul-subhashs-suicide-supreme-court-lays-down-8-factors-for-deciding-alimony-7227170rand29/ Wed, 11 Dec 2024 18:35:39 +0000 https://artifex.news/amid-techie-atul-subhashs-suicide-supreme-court-lays-down-8-factors-for-deciding-alimony-7227170rand29/ Read More “Amid Techie Atul Subhash’s Suicide, Amid Techie Suicide Case, Supreme Court Lays Down 8 Factors For Deciding Alimony” »

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The case of Atul Subhash has reignited a broader debate over the misuse of dowry laws in India

The Supreme Court has laid down an eight-point formula for deciding alimony amount amid the ongoing debate surrounding the suicide of Bengaluru-based techie Atul Subhash, who had alleged harassment by his wife and in-laws.

Before he took the extreme step, Atul Subhash, a native of Bihar, recorded an 80-minute video in which he accused his estranged wife Nikita Singhania and her family of slapping multiple cases on him and his family to extort money from them. He also criticised the justice system in his 24-page suicide note.

The Supreme Court bench of Justice Vikram Nath and Justice PV Varale, while deciding a divorce case on Tuesday and deciding on alimony amount, advised all the courts across the country to base their orders on the factors mentioned in the judgment.

The eight points are:

* Social and economic status of husband and wife

* Basic needs of wife and children in the future

* Qualification and employment of both parties

* Means of income and property

* Wife’s standard of living while living in in-laws’ house

* Has she left her job to take care of the family?

* Reasonable amount for legal battle for a wife who is not working

* What will be the financial status of the husband, his earnings and other responsibilities along with alimony.

The factors, said the top court, do not form a simple formula but serve as guidelines while fixing permanent alimony

“It is also necessary to ensure that the amount of permanent alimony should not penalize the husband but should be made with the aim of ensuring a decent standard of living for the wife,” said the top court.

In another development earlier today, dismissing a dowry case against a man and his parents, a bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the provision is sometimes exploited as a tool for personal vendetta against the husband and his family.

The case of Atul Subhash has reignited a broader debate over the misuse of dowry laws in India. The Supreme Court has previously raised concerns about the growing trend of misusing Section 498A of the Indian Penal Code (IPC), which addresses cruelty by husbands and their relatives against married women.

In his suicide note, the Bengaluru techie called for justice, stating, “Justice is Due” on every single page of the 24-page note.

Atul and Nikita met on a matchmaking website and married in 2019. The couple became parents to a boy the following year.

Atul Subhash has alleged that his wife’s family would repeatedly demand money running into several lakhs. When he refused to give more money, his wife left the Bengaluru home with their son in 2021.

He further said that his wife and her family first demanded Rs 1 crore to settle the case, but later hiked this to Rs 3 crore.
 



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Bride, Groom Must Maintain List Of Gifts Received At Wedding: Court https://artifex.news/bride-groom-must-maintain-list-of-gifts-received-at-wedding-court-5673454rand29/ Thu, 16 May 2024 01:11:36 +0000 https://artifex.news/bride-groom-must-maintain-list-of-gifts-received-at-wedding-court-5673454rand29/ Read More “Bride, Groom Must Maintain List Of Gifts Received At Wedding: Court” »

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Court has held that maintaining a list of gifts received by bride or bridegroom at the time of marriage.

Prayagraj, UP:

The Allahabad High Court has held that maintaining a list of gifts received by the bride or bridegroom at the time of marriage as prescribed under Section 3(2) of the Dowry Prohibition Act, 1961 is important to prevent false allegations of dowry at the time of subsequent disputes.

“The maintenance of the list is also important so that both the parties to the marriage and their family members may not level false allegations of taking dowry or giving dowry in a marriage subsequently. The arrangement made by the Dowry Prohibition Act may also assist in subsequent litigation between the parties to arrive at a conclusion whether the allegations with regard to the taking or giving of dowry are covered by the exception carved out under section 3(2) of the Dowry Prohibition Act, 1961,” Justice Vikram D. Chauhan said.

Section 3 of the Act provides penalties for giving or taking dowry as imprisonment for not less than 5 years and a fine not less than Rs 50,000 or the amount equal to the value of the dowry, whichever is higher.

Sub-section (2) of Section 3 provides that presents which are given to the bride or the bridegroom at the time of marriage and have not been demanded are not ‘dowry’, provided that a list of such gifts received by either person is maintained in accordance with rules.

Rule 2 of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 prescribes the manner in which the list of gifts under Section 3(2) is to be maintained.

“The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 have been framed in this respect by the Central government, as in the Indian marriage system, gifts and presents act as a token of celebration and honouring the important event. The legislature was aware of the Indian tradition and as such, the above-mentioned exception was carved out. The above-mentioned list would also act as a measure to thrash out the allegations of dowry which are subsequently levelled in matrimonial disputes,” the court stated.

The court observed that Section 8B requires the appointment of a Dowry Prohibition Officer for the purpose of implementation of the Act, and accordingly, sought a response from the Uttar Pradesh Chief Secretary as to how many Dowry Prohibition Officers have been appointed in the state and if they have not been appointed, then explain why they have not been appointed when dowry cases are increasing.

The next hearing of the case will be held on May 23.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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28-Year-Old Odisha Woman, Daughter Found Dead; Family Blames Husband: Cops https://artifex.news/28-year-old-odisha-woman-daughter-found-dead-family-blames-husband-cops-5197789rand29/ Fri, 08 Mar 2024 01:26:30 +0000 https://artifex.news/28-year-old-odisha-woman-daughter-found-dead-family-blames-husband-cops-5197789rand29/ Read More “28-Year-Old Odisha Woman, Daughter Found Dead; Family Blames Husband: Cops” »

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The family members of the victim alleged that she was killed by her husband for dowry. (Representational)

Berhampur, Odisha:

A woman allegedly killed her two-year-old daughter and then hanged herself to death in Odisha’s Ganjam district on Thursday, police said.

The bodies were recovered from their residence in Baragaon under the Polasara Police Station limits and sent for post-mortem examinations, a senior officer said.

The deceased were identified as Manika Gouda (28) and her daughter Ankita.

Bhikari Gouda, the husband of the woman, was not in the house when she allegedly killed her daughter and ended her life.

After returning to the home, the man found his wife’s body hanging from the ceiling and his daughter lying on the floor.

The exact cause of the death is yet to be ascertained, the police office said.

The family members of the deceased woman alleged that she was killed by her husband for dowry.

“We have started an investigation. The husband of the deceased was detained for interrogation,” the officer added.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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