your wife can always file complaint under dowry Prohibition Act if you have demanded dowry before during or after marriage
Hello Sir, Already i asked few question about Applied for Divorce and need to take child custody, today my doubt is whether my wife can file complaint against me and my family has false dowry complaint. Thanks Manjunathan
your wife can always file complaint under dowry Prohibition Act if you have demanded dowry before during or after marriage
She can certainly file the complaint at any time if she has been harassed for dowry. You should take anticipatory bail if a complaint has been filed.
Yes there is a possibility pls verify the jurisdictional police station or court is there any FIR has been lodged in your name.......... if so better to get anticipatory bail.
she can file case of not only dowery but also, maintenance,& domestic voilence case as to harrass u .
she can definitely file complaints of several nature including one under domestic violence, maintenance, dowry, etc., against you.
Your wife has every right to file a case against you. It cannot be said at the time of filling the case that its a false complaint. She is entitled to file a case not only under Indian Penal Code, But also under Domestice Violence Act as well. If you are apprehending that she has filed a false case against you, approach the Court for Anticipatory Bail.
What is mean by Domestice violence. if my wife file false dowry case and file FIR in police station, then the police will arrest as immediately or they can as allow for take anticipatory bail. how can police can take false dowry case without any evidence.
Domestic Violence implies the violence within the four corners of the house. Police does not give you any time to take anticipatory bail as the grant of anticipatory bail by the court is perceived to be a defeat for the investigating officer. So take anticipatory bail as soon as the FIR is lodged. Evidence will be looked into by the court at a later stage.
Section 3 of the DV Act deals with “domestic violence” and reads as
under:
“3. Definition of domestic violence.- For the purposes of this Act,
any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or
well-being, whether mental or physical, of the aggrieved person
or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with
a view to coerce her or any other person related to her to meet
any unlawful demand for any dowry or other property or valuable
security; or
(c) has the effect of threatening the aggrieved person or any
person related to her by any conduct mentioned in clause (a) or
clause (b); or
(d) otherwise injures or causes harm, whether physical or mental,
to the aggrieved person.
DV Act is essentially a civil law, but the legislation has prescribed that courts have to proceed in such cases as per the Criminal Procedure Code (CrPC) for the purpose of effective actions.his law is meant to protect women's civil rights DV Act is not meant to punish those against whom women file complaint. The only exception in this is the violation of court orders under section 31 of the law - about protection of complainant and sharing of accommodation or other directions.
s far as 498A is concerned in case of complaint of dowry harassment if FIR is lodged you have to obtain anticipatory bail . the evidence will be considered at trial
what is the way to prove false dowry case and if we prove it is false dowry complaint then i can file any case against they family members.
your wife will have to prove dowry was demanded before or during or after marriage . the testimony of witness who were present when demands were made would be significant . it is necessary to go through allegations made in complaint to advise . if case is dismissed you are at liberty to take such legal proceedings as may be necessary . you can file defamation case against your in laws . if false evidence is given by wife you can file case of perjury against them
Thanks for your Advice. i have one more question. when we got married for my wife her family member give some jewels. and we took marriage expenses around 2.50 lack and they given 40000 RS for marriage. when my wife went to her house she took all the jewels which is given to her. if we ask for that jewels which she taken when she ready to leave with me. then that also law can consider as dowry harrsement.
the jewels are your wife streedhan . it is her property . similarly jewels given by your parents at time of marriage is also her property . you cannot claim those ornaments . your wife will claim RS 2.50 lakhs given to you as dowry . also Rs 40,000 cash given to you .
Rs 2.50 lakhs i expend for our marriage that is my money i have not took from them. i have not taken in from them. only Rs 40000 given as marriage expense from them. all other expense taken care from me and my family members. my wife streedhan is her property, if when she comes back to my house then she should bring streedhan right. if not bring then i can tell her to bring it.
you have no claims on your wife streedhan . if she comes to your place she need not bring the streedhan back . she can keep it in her name in bank locker .
anyhow contest case if any filed by your wife for dowry harassment on merits
Let the case be filed and then your defence strategy can be chalked out by your lawyer. Such strategies are to be chalked out by your appointed lawyer after perusing the record. You will get sufficient opportunity to contest her case.
You cannot legally claim from her the jewellery she brought from her parental house as it constitutes her streedhan. Streedhan belongs exclusively to the wife.