Legal Question in Family Law in India
a husband ( accused under sec498A of IPC read with sec 3&4 of dowry act ) files an appeal under sec 319of CrPc read with sec 3 of dowry act and sec 108 & 120 of IPC against all prosecution witnesses. the application was dismissed by magistrate under sec7(3) of dowry act , exempting witnesses from prosecution .
can the husband challenge the constitutional validity of dowry act in High court ???
are there any cases similar to this
3 Answers from Attorneys
dowry act had been challenged and it has been held to be constitutional. One may still challenge it but would depend upon the grounds of challenge and the particular provision to be challenged
It will may be futile exercise.
you may approach the high court by filing a writ petition under article 227 of constitution of india.
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