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True Colors of a Vile Wife

PIL – Dowry Givers should be prosecuted (Veerabhadra Rao Pamarathi and Anr Vs UOI and Ors)

Posted on June 15, 2020 by ShadesOfKnife

After losing out (didn’t lose the case but didn’t get opportunity to argue in-person) in an earlier attempt here, I decided to take Writ Petition route as I am (along with my parents!) one of the affected person of this biased implementation of a convoluted interpretation of section 7(3) of Dowry Prohibition Act 1961 (amended in 1986). Also, decided to decentralize my PIL prayers.

So picked up this prayer from earlier attempt and worked on writing the WP.

Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, such that there is no ambiguity to them whether to prosecute the Dowry givers under section 3 of DP Act read with section 7 of DP Act and no discrimination is made between Dowry Giver and Dowry Taker, under Section 3(1) of DP Act, in similar fashion as that of made by Bangladesh.


Key Point

Shouldn’t all Dowry givers be booked and prosecuted as per section 3 of Dowry Prohibition Act 1961 (as amended from time to time) or not?

 

Arguments – Counter Arguments

 

Another simple point from the Bare Act itself.

 

Prayer

Prosecute Dowry Givers u/s 3(1) without protecting them u/s 7(3) = Article 14 and 21 compliance

Alternatively, strike down words ‘Gives’ and ‘abets to give’ from section 3(1) = ultra-vires to Article 14 and 21 compliance and contrary to legislative intent

Either-way, I win!


All the cited case laws are listed here.

  • Malreddy Ramachandra Reddy Vs C. Vanaja Reddy and Ors on 16 April 2003 (AP HC)
  • Ram Gopal Sah Vs State Of Jharkhand on 03 December 2008 (Jharkhand HC)
  • Pooja Saxena vs State and Anr on 20 October 2010 (Delhi HC)
  • Yashpal Kumar Vs Bhola Nath Khanna and Anr on 1 March 2012 (Delhi HC)
  • Kudarathullah Khan Vs The State of Andhra Pradesh on 21 March 2012 (AP HC)
  • Viral Dhulia Vs Virag Dhulia on 25 July 2013 (Kar HC)
  • Chitranjan Dev Goel and Ors Vs State (Nct of Delhi) and Ors on 21 March 2016 (Del HC)

ACTION STARTS:

WP (in the name of my parents, and not in my name) is filed on 14-09-2021. WP No. 20594 of 2021. Initial hearing before admission on 20-09-2021. Here is the affidavit.

Writ Petition seeking direction against misinterpretation of Sec 7(3) of DP Act 1961 3.5 ONLY AFFIDAVIT

Filed a memo with additional information on 17-09-2021:

MEMO for Extra Info

Order Passed on 18-09-02021

Notices issued to the Respondents. Government Advocates take notice and seek 4 weeks time to file Counters.

Veerabhadra Rao Pamarati and Anr Vs UOI and Ors on 20 Sep 2021

 Next Date of Hearing : 16-12-2021

  1. The case was transferred from Court-14 to Court-1, since there is a question of law involved.
  2. It is almost 90 days from the date of issue of notices to Government advocates but I am still waiting for the Counters to be filed by them. I suspect, they will continue to seek additional time. Let’s see how this gamble goes on…
  3. My Advocate took two weeks time.

Next Date of Hearing : 30-12-2021

Due to COVID-19 situation, the Court-1 took up only part Causelist and rest of the cases, including mine, was not listed. No future date known.


Next Date of Hearing : 13-06-2022

Since 4 months, not a single listing was possible. Frankly, not asked/mentioned/represented appropriately by the advocate. Will wait out the Vacation period for High Court and then get the advocate changed to… myself. Hence filed the NOC obtained from previous advocate and my vakalat. (Expense: Rs.300/-)


Next Date of Hearing : 14-06-2022

I am the new Advocate for this Writ Petition.

Updated on eCourts Website…

‘

Updated on eCourts app…

 

Updated on AP High Court Case Status website…


Next Date of Hearing : 23-06-2022

I went and appeared before Court 1 today. Got a Court slip filled and ready. Gathered up courage and stepped up to the mike. Cleared my throat and uttered few words.

—————————————
Me: The matter pertains to a Writ Petition filed in Sep 2021.
CJ: What is the urgency?
Me: The matter was not listed after Dec 2021.
CJ: We have around 2.5 lakh cases pending, some for much more time than that. (Don’t know if he is proud/sad about this). Again what is the urgency?
Me: The matter pertains to critical question of law regarding Dowry Prohibition Act
CJ: No urgency. Mention rejected.
—————————————
What do I do next?

Next Date of Hearing : 27-06-2022

Hmmm

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Judicial Activism (for Public Benefit) | Tagged DP Act 3(1) - Giving Taking or Abet to Give or Take is Crime DP Act 7(3) - Protection for Aggrieved Person from Prosecution PIL - Dowry Givers should be Prosecuted Sandeep Pamarati | Leave a comment

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