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http://www.mumbaimirror.com/net/mmpaper.aspx?page=article§id=2&contentid=20070622030800187924064c9
Paraded by cops, praised by court
HC praises 52-yr-old for `saving' son's marriage in spite of daughter-in-law's dowry complaint; he had been handcuffed and paraded by cops in Dec 2006
Baban Dhus, 52, a teacher in a BMC school, was arrested by Kalachowki police on December 3, 2006 after his daughter-in- law Vaishali filed a complaint that her husband and his family were harassing her for dowry. Vaishali's husband Nivrutti, her mother-in-law Alka, Nivrutti's elder brother Dyaneshwar and his wife Jyoti were also held.
All five got bail two days later on the condition that they would return the streedhan that Vaishali had brought along at the time of her marriage in May 2006.
When the cops took Dhus to his Sewri home so that he could hand over the streedhan, they parked the police vehicle well outside his colony. Dhus was handcuffed and paraded all the way to his house, and the other four were made to walk behind him, hands folded.
The same man, on Thursday, was not only given a clean chit by the Bombay High Court but praised for allowing his son and daughter-in-law to get back together in spite of the allegations and the humiliation he and his family had gone through.
While sub-inspector Sanjay Zaveri of Kalachowki police apologised for the treatment meted out to him, the court told police that they should be careful while handling matrimonial offences.
The Case
The trouble in the Dhus family of Sewri started soon after Nivrutti and Vaishali got married in May 2006. Vaishali wanted to stay separately. This caused constant fights in the household. Finally, it was decided by elders on both sides that they should meet to `settle' the matter.
The meeting, held at a godown in Kalachwoki, however, resulted in heated arguments. Vaishali's father Savkar Padwal and uncle Bhikaji Padwal, both cops, were present at this meet. When the arguments got ugly, her uncle, officer on duty at Kalachowkie police station, called for two police vans, and Dhus and his family were taken to the police station.
There, Vaishali filed an FIR alleging that her in-laws and husband had demanded Rs 10 lakh from her for setting up a medical store. "We were put behind bars, beaten up, and the cops did not allow us to sleep and made us stand all night," Dhus said.
Two days later, they were paraded in their locality. "Any four-wheeler can come to our doorstep, but the cops parked their vehicle way ahead. I have the reputation of being an upright man. This act of the police tarnished it all," Dhus said.
He said he was questioned by his school about the incident and told he would be suspended, and Nivrutti lost his job in a pharmaceutical company after his employers got to know of his arrest.
Family moves HC
Dhus then filed a writ petition in HC in April this year and got a stay on suspension orders from the school. In the same plea, citing
Article 21 of the Constitution (right to life and personal liberty), he requested action against the police officers who had humiliated him.
A division bench of Justice Ranjana Desai and Justice D B Bhosale heard the matter and also heard the couple in their chambers. The girl, while speaking before the judges, expressed her desire to live with her husband and his family.
Dhus told the court that while he had no problem if the couple wanted to stay together, he suggested they live separately, so that he and Nivrutti's family could still have love and mutual respect for each other. Vaishali's family then withdrew all allegations against Dhus's family and gave an apology.
On Thursday, the Dhus family settled the dispute by signing on consent terms that said Nivrutti and Vaishali would stay together in a separate house.
Hearing Dhus's decision, the bench said: "We congratulate you for having such a generous heart. If it were not for you, the marriage of your son would not have lasted. It is a big thing to put aside everything for your son's happiness."
Handle cases carefully
Advocate Shrikant Bhatt and Nitin Vathkar, who stood for Dhus, pleaded before the court to pass strictures against the police and lay guidelines on how cops should conduct themselves in matrimonial matters. The bench then said police should be careful while tackling such cases and added: "We are open and inclined to give a detailed order in this regard. But since this matter is resolved, we are disposing of the petition. In future, if such a matter comes up, we will request Mr Bhatt to assist the court as amicus curiae."
