Hi, My father in law attached jewellery bills, Shirting bills, silk bills which he bought for me and purchased before marriage. Is that suffice for conviction for 498a and DP section 3 and 4? Note: All the bills are Genuine bills. Kindly answer the below question; 1)There was no demand from our side. We also have stridan bills from our side . He has told in the complaint that we demanded which is absolutely false Is that suffice for conviction for 498a and DP section 3 and 4? 2) Also my lawyer sent divorce notice before she filed 498a and DP. In the notice he has mentioned. You have not supported financially and mentally to him . Will that be dowry Harrasment? What we meant was if both are earning we can lead a beautiful life that they have twisted it as dowry Harrasment. Mine marriage is 4 months old and she hardly stayed with me for 10 days. She says we didn't allow her
Note: Chargesheet has already been filed. The same story has been mentioned in DV . When should we give back her stridan?
It is not sufficient for conviction . The bills only prove that jewellery ., shirts , silk was purchased but does not prove that you demanded dowry
2) further the jeweller from whom jewellery was purchased has to be examined as witness
3) divorce notice does not prove dowry harassment
Inform court that you are willing to return the stridhan . Prepare list of her jewellery and obtain her signature in presence of 2 witnesses of receipt of stridhan
1. The jewels and clothes given at the time of marriage do not constitute dowry demand or harassment.
2. Your lawyer's wording can be interpreted in any manner but it can be clarified when it is being considered as an evidence by court.
No divorce petition can be filed within one year from the date of marriage.
The streedhan can be returned to her anytime provided you obtain an acknowledgement for having received it.
The charge sheet will be filed after investigation is completed by police.
NO. Bills only shows that he had purchased the stated items but what is the proof that the same were demanded by you and on demand the same were given to you. Mere bills are not sufficient. Giving snd Taking dowry both is crime. Istridhan is exclusive property of wife and likewise gift received by you is yours.
1. It depends. Various other factors also required.
2. Yes, it can be twisted.
Age of marriage and period of her stay does not matter. Donot jump to return istridhan. You are lacking proper legal guidance and proper strategy in handling the issue. Chargesheet is required to be examined.
If they have bill.. but they have proof they have given u all those things in marriage??? Just say they not give anything... they might purchased for them self
You can give back her stridhan after court passes order and in front of police
1. The items presented at the time of marriage are not considered as dowry demand , and hence no case made out for the same.
- As per Supreme Court, the demand for money and presents from the family of wife, at the time of ceremonies cannot be categorized as dowry to make it punishable offence.
- Hence, no case made out for dowry demand
2. A per law , if wife is living separately without any reasonable cause , then she cannot claim maintenance from her husband , and it is a ground for divorce.
Dear Client,
The offering of jewels and clothes during the time of marriage does not qualify as a dowry demand or harassment.
The precise interpretation of your lawyer's statement may vary, but it can be clarified during its consideration as evidence in court.
It is not permissible to file a divorce petition within one year from the date of marriage. However, the streedhan can be returned to the bride at any time, as long as you obtain an acknowledgment of receipt.
The charge sheet will be submitted once the police investigation is concluded.
