498a
Anil
(Querist) 01 January 2010
This query is : Resolved
Hi
MY wife has file false 498a/406 case agaist me in sep 2008(marriage date nov 2005)
What actions i can take aginst her and her family?
Can i file DP3case as in their 498a statement they have written that they have given dowry
as there is time is time limit in harayan for filing the cases against DPA of one year.
but under sction 8 of the same
8. Offences to be cognizable for certain purposes and to be non-bailable and non-compoundable
1[8. Offences to be cognizable for certain purposes and to be non-bailable and non-compoundable-
(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable offences-
(a) For the purposes of investigation of such offences
Can the courts in haryana take the case filled agaist DP3 by taking into the consideration of the section 8( For the purposes of investigation of such offences)
if not then What happen if the dowery is given after the one year of marriage, is that giving dorwy(after one year of marriage) is not a crime?
I think court should consider the DP3 cases where the 498 registered after one year of marriage under section 8 (Offences to be cognizable for certain purposes )
Please suggest
Raj Kumar Makkad
(Expert) 01 January 2010
If offence has been committed even after one year of marriage or even at the time or before marriage even then criminal action can be initiated on the part of wife against husband and her inlaws. I practice in Haryana and there is no special to deal with such case other than rest of the country.
Devajyoti Barman
(Expert) 01 January 2010
If they have admitted in writing giving dowry then you can safely initiate proceeding u/s 3&4 of DP Act.
Anil
(Querist) 01 January 2010
Hi Raj
I am asking about me not about wife
plz see my query
Thank
