Hapless women turn to dowry Act

It is a law enacted to protect women from being victims of dowry and empower them to stand up for themselves, but of late, the 498 A of the Indian Penal code, the anti-dowry law is often being misused. Several cases filed under the dowry harassment act in the city recently, have been proved fake by the courts. City lawyers blame it on the lack of a provision that protects the interests of women who want to claim the money and assets that are rightfully theirs, after a marriage goes sour.

Lalitha (name changed) from Nalgonda, married to a doctor from Hyderabad had filed for such a case. Accusing the doctor of taking a Maruti worth 3.5 lakh, 22 tulas of gold and Rs 10 lakh cash, she had demanded justice from the courts. But on being asked for proof was unable to provide any evidence. The only alibi to this transaction between her family and the groom’s was her recently deceased father, she claimed.

Such cases have become a dime a dozen in the law courts says P. Sandhya Secretary to Women Commission, “Out of the 78 dowry cases we received last year, 5-10 per cent has been found false during the counselling sessions we held. And such cases have been on the rise. With marriage laws titled in the woman’s favour, it’s easy for many women to use this as a legal weapon. But, often women consciously don’t prefer mutual divorce despite having the option. They file for dowry harassment as this is the only way they can get back their own possessions and assets from the groom.”

Despite the increase in the divorce rates, people still tend to get into a marriage with a happily-ever after mentality. Even if they don’t indulge in the practice of dowry, they create joint accounts, register everything under the name of the head of the family, leading to subsequent problems once the marriage turns sour.

Also, assets such as gold, often, cannot usually be proved as rightfully theirs, point out lawyers. Sudnyata Deepak, lawyer, family court says, “In case of flats and cars there is the option of registering it in someone’s name, but in case of things like gold, furniture and other household investments there is no proof of whose it actually is. This is where the problem arises. No wonder, many young women file a case of dowry harassment on their husband, in a bid to get hold of their possessions.”

In a recent case, a couple separated for over two years decided on a mutual divorce. It was only post-divorce, the girl found out that most of the furniture and other expensive household items that she had invested in, had been sold off by the husband. Many such cases have become a reality for young couples who wish to separate. And since there is no law that addresses this issue in a divorce, experts suggest that the “simple act of registering possessions along with the marriage registration” is a way to avoid such ugly situations.

“Registering all gifts given during the wedding, including jewellery, should be made compulsory by law. If this is done then the groom’s side cannot claim everything for their own and the girl will also not have to resort to filing a fake dowry harassment case,” says lawyer Deepak.

No matter how many laws are there, the problem will persist as the problem remains rooted in the patriarchal nature of the Indian society, feels Kalpana P, counsellor, Bhumika, a women’s organisation in the city. “The social set up is such that most women, no matter how independent, have to finally submit all their possessions to the groom’s family. In fact, there have been cases where the groom does not allow photographs of jewellery gifted, to be taken. In such cases, the women are left with no proof of whether the gold gifted is theirs or the groom’s.”

Be doubly cautious before you get extra-generous during your wedding. “‘Gifts’ given to the bride, during the wedding, should be in terms of tangible property, like flats, cars, or land investments, which can be registered in the girl’s name. Cash transactions should be avoided and if undertaken should be placed in the girl’s account via cheque transfer, so that there is proof.” she says.