498a
vijay
(Querist) 10 March 2013
This query is : Resolved
Me and my wife both are divorcee. I did dowryless marriage through newspaper advertisement under "No Dowry Column".We have the newspaper cutting. On 5th Jan,2013, my wife was taken my jewellery for keeping somewhere outside the home. i requested her to give the receipt of my jewellery, she refused and she left for her office. In the late afternoon around 4 p.m, she filed a false FIR aganist me and my parents that we beaten my wife at Metro station at 9 a.m. Police came to my house in the night and arrested all of us. Then we come out on 6th Jan, 2013 on police bail. We were booked u/s 323/342/354/34. Now she also complainned in the women cell aganist me and my parents u/s 498a and 406. We have already recieved the notice bail from the court. Now please guide us what should our next step. we have also the receipt that she has taken all her parents gold articles on 13th Sept, 2012.
Sudhir Kumar, Advocate
(Expert) 10 March 2013
I understand that both of you were earlier married elsewhere both taken divorce from
Some part of your description is difficult to understand :-
my jewellery for keeping somewhere outside the home. i requested her to give the receipt of my jewellery, she refused "
what is the exact jewellery which she took.
when did marriage take place.
vijay
(Querist) 10 March 2013
thank you. my parents jewellery
vijay
(Querist) 10 March 2013
my parents jewellery, which we give to her at the time of marriage. I told her that u have already taken your jewellery on 13th Sept,2012 and gave the receipt. Now you are taking our side jewellery, which my parents gsve you at the time of marriage. when i requested to give the receipt. she told me i will not give u and if you stop me that i will entangle you and your family in false cases.she left for her office. my marriage took place in 15th July, 2010
prabhakar singh
(Expert) 10 March 2013
All gifts received by her from every one friend or relative including that of your parent is her property and belonging and is
called STRIDHAN upon which neither you nor your parents have any claim.Even if that is in your custody ,in law. you or your side of people in whose custody it is would treated trustee there of on her behalf and are duty bound to refund the same on demand as failure to do so shall attract criminal breach of trust.
Raj Kumar Makkad
(Expert) 11 March 2013
The demand of receipt in the married life is unheard. No one can believe that the FIR is the result of just dual conversation of the same day or your demand of receipt and her refusal or alleged threatening is the result of the behaviour of the same day.
You have suppressed the material facts leading to such situation. Until you post the true facts leading to such situation, exact reply cannot be given.
vijay
(Querist) 12 March 2013
I want to know will me or my parents get anticipatory bail easily or from the lower court or i have to move for high court.
i have few favourable points i.e
1. My marriage was dowryless. copy is available.
2. her previous record is available that she has put 498a/406 for her previous husband and extorted huge amount of money.
3. She has taken her stridhan six months back. her receipt is also available.
kindly help
ajay sethi
(Expert) 12 March 2013
you will get AB . since streedhan is in her posession .
