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Rahul (Tele Caller)     15 February 2010

Dowry case after filing case by boy

Dear Members,

One of my friend filled a divorce case agst his wife on the groung of cruelty. She make is life hell so finally he decide to fille the case. First she can't recieved the notice but when she take the notice she can fille the matter in Women cell.

Could you please advice what should boy do. He already face 2 dates in women cell, she don't wanna live with him but want the whole marriage exp. from him. IO give a item detail copy to boy which he recvd. The item sheet is 80% false. what he can do for this. If boy haven't go to women cell for next hearings then what they can do & when boy already fille the divorce case then why all this haapen.

PLEASE ADVICE ASAP



Learning

 4 Replies

Alok Motan (Advocate)     17 February 2010

although the proceedings would take effect, i mean the proceedings will continue in women cell even if u have already filed a divorce case in court, as its women cell...... :-) & there is no obligation that you have to attend the proceedings at women cell....its ur choice.....but ur absence at women cell may put u in trouble at later stage....but there is no boundation as well.........u cant be compelled........its ur discretion whether you want to attend the proceedings or not.........but once FIR is lodged .....you have to attend/help the investigation proceedings by the IO....etc...

my ADVICE to u would be....to attend the proceedings in women cell and to file ur reply against the complaint (u need to apply a certified copy of the complaint in women cell or concerned PS) and also to file reply against the dowry list (stridhan+gifts). ask them for the bills of each and every thing they are claiming..even the bills of marriage expenses...(tent house and catering bills) ......... mention whatever you consider you or your wife recieved (hoestly) according to you, at the time of marriage. 

If u are pressurized at women cell to return the articles....(at later stage of the proceedings)....buy them from a kabadi wala (scrap items) and claim that these are the articles u recieved in dowry, grease the palms of IO..............and send them at women cell/police station/ or ur wife's place.......... take a picture of all the articles u are returning, make a list , get it signed by IO, and two witnesses. ....................reason being that u have already filed a divorce case and in court to escape from alimony or to reduce the amount of alimony you can plead that u have already returned the stridhan and other articles.

A professional advice....hire a good lawyer who can counter attack....ask ur lawyer to file a case under section 211 IPC, against the wife and all her relatives.............as the criminal proceedings would be initiated after making false charges, and orders would be obtained against you and the case would be referred to local Police Station where ultimately the criminal proceedings would be initiated....but file this case before lodging of FIR............as there is a limitation.......

NOTE : - Pls do mention in ur reply at women cell that you have already filed a case in court for divorce........and it is just a counter blast, what ur wife has done.......hire a good lawyer....

sorry its ur friend's prblm and i have written for you everywhere in my suggestions...so pls read it accordingly

all the best......... 

1 Like

Hardik Mehta (Family Counsellor)     17 February 2010

Rahul,

Ask your friend not to worry since the case is still in CAW cell. From the copy of the complain, ask your friend to take the Anticipatory bail or the stay on arrest for all the accused. This will ensure that the your friend and their family members are not arrested.

It is normal for the girl to give the inflated list of stridhan. There are ways and means to tackle this issue. If the list is more than the means of their living, file the Tax Evasion Petition in the Income Tax Commissioners Office and let them do the needful. They will then come out with the list. Secondly, you need to ask the bills for the disputed items, or the photographs of the articles are old. Then ask the police to search their house and lockers. There will be something which will come out. Thirdly say that they have not got those items and the list is seen for the first time. Also, during marriage, has the list been exchanged? If no, then you are at the stronger position.

She will not get the marriage expenses, since this is the settled law that the marriage expenses are not to be claimed. It is their own wish for the spendings. If she insists, then ask her to go to the court and claim for the marriage expenses.

1 Like

Alok Motan (Advocate)     17 February 2010

Then ask the police to search their house and lockers. There will be something which will come out. ........................................... excuse me...............search warrants cant be executed by police unless u have orders from Magistrate..... it is a typical investigation which is done in criminal offences........Mr. Mehta pls tell on what basis you are claiming for search warrants, i mean under which offence???

Anil Agrawal (Retired)     17 February 2010

Police will do nothing at your bidding nor it has power to search.


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