Dowry Death: Jammu Court Appeals Govt To Establish Marriage Counselling Centres In Every District Of UT

"The Counseling Centers will be entrusted with the responsibility of pre and post marital parleys between the families to ensure harmonious and peaceful settlement of matrimonial misunderstandings," an Additional Sessions Court at Jammu said.

ASJ Tahir Khurshid Raina was hearing an anticipatory bail application of 51-yrs-old Raj Kumari, accused of harassing her 32 years old daughter-in-law for dowry, which ultimately led to the latter committing suicide.

"Keeping in view the gravity of this burgeoning crime in the society, through the medium of this order I convey my concern to the govt to establish marriage counseling Centers in every District, where especially before the celebration of marriage, the couples along with their family members be called to have parleys with the experts of the field who can guide them how to behave to each other in the new relationship, based on social, mora, ethical and religious sanctions," the Judge said.

He added,

"I have felt necessity to convey this concern for the reason that the misunderstandings in relationships between daughter-in-law and her in-laws if not settled and shaped up properly, results into horrible happenings which finally leads the entire family into mess, even sometime culminates into horrible criminal cases like in hand."

He noted that inspite of all efforts, the crime of dowry death is on the rise and there is no decline in its rising graph. He said,

"This court has time and again shown its concern for spate in such offences and in its last order in a similar case has appealed for awakening of moral conscious of the society towards this crime so that society at large gets sensitize and awakened to curb this crime to its hilt. I am now reiterating my concern for awakening the moral conscious of the society towards such horrible happenings in our families. Fact remains that unless society as a whole is not convictionally ready to abhor and oppose it to, laws are not going to succeed in curbing the menace."

He further stated,

"It must be remembered that greater good of the society is the star objective of the welfare state. Therefore, what is suggested by the court to the govt is in furtherance of that lofty objective to ensure marriage institution and matrimonial homes to grow smoothly and lovably. And the glaring fact is that our magisterial courts, Matrimonial Courts and women cells are flooded with complaints based on matrimonial disputes, which vindicate my concern and suggestion."

Coming to the facts of the case, the Judge noted that there were prima facie allegations against the Applicant­ accused, that she had been continuous trouble-shouter for the deceased and had tortured her, both physically and mentally, on account of demand of dowry.

Expressing displeasure at a woman pitting against another woman and considering the gravity of the alleged offence, the Court declined the pre-arrest bail plea. It held,

"If mother-in-law does not behave responsibly and like a mother to her daughter-in-law, she feels insecure and threatened. In all such offences like 306 IPC, 304-B IPC, we find that mother in law of the deceased is accused of torturing her for demand of dowry and raise such other unpleasant issues for her to such an extent that she either flees away from the matrimonial home or succumbs to these physical and mental cruelties."

At this juncture, the Petitioner's counsel referred to a proviso attached to Section 437 CrPC whereby a woman and infirm can be granted bail in non bailable offences.

However, declining any relief under this provision, the Court held,

"This provision is a directive provision as held by our own Hon'ble High Court and its application depends upon facts and circumstances of each case. In the case in hand which is quite serious in its gravity and complicity of accused-applicant is quite explicit, does not entitle her for grant of anticipatory bail."

It added,

"Fact remains that Anticipatory bail is meant only for those bonafide persons who are unnecessarily roped in an offence on account of some vengeance etc. and not for those who are explicity involved in serious offences like dowry death and seek anticipatory bail."

Case Title: Raj Kumari v. UT of J&K

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