divorce and dowry

somesh kumar (Querist) 23 October 2009 This query is : Resolved
Dear Sir,
I wnat to know about divorce case and dowry. if husband file divorce case in delhi can wife parent file dowry case after divorce petition, if they file dowry case then how are husband and his family member safe from dowry case.

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Arul Kumar (Expert) 23 October 2009
It depends upon how the wife responds to the husband's divorce petition. Divorce and dowry cases are governed by different Acts. The Husband's divorce pettition cannot be treated as a sheild for preventing filing dowry case.

Guest (Expert) 23 October 2009
NANDKUMAR B.SAWANT.M .COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

DOWRY AND DIVORCE CASE KINDLY NOTE THAT

1.DIVORCE PETITION IS A CIVIL COURT MATTER AND HUSBAND OR WIFE CAN FILE THE SAME IN COURT AND THE OTHER SIDE HAS TO FILE REPLY.
2.DOWRY COMPLAINT IS FILED AT POLICE STATION OR COURT UNDER SECTION 498A OF INDIAN PENAL CODE BY WIFE AGAINST HUSBAND AND HIS RELATIVES AND POLICE MAY ARREST THE ACCUSED PERSONS NAMED IN THE COMPLAINT.
3.IN DOWRY COMPLAINT MATTER THE HUSBAND AND HIS RELATIVES CAN APPLY FOR ANTICIPATORY BAIL AND CAN BE PROTECTED BY ORDER OF ANTICIPATORY BAIL FROM SESSIONS COURT OR HIGH COURT AGAINST THE SAID COMPLAINT UNDER SECTION 498A OF I.P.C.

YOU MAY SEND DETAILS OR WRITE OR CALL
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

Sachin Bhatia (Expert) 23 October 2009
Yes they can file dowry case after divorce petition. Husband and his family member are not safe from dowry case but they have a good ground for bail in dowry case as they have file dowry case after divorce petition simply to harrass the husband and his family.

Raj Kumar Makkad (Expert) 23 October 2009
The opinion of Sachin is correct.

somesh kumar (Querist) 24 October 2009
Dear Sir,
when both the cases are different then what step should be follow by husband to safe guard family.
can husband should report about divorce case to the area police station of her family member and telling them that he has doubt that her family member will file wrong report againt divorce. it is beneficial to inform her area police station and it will help us to safe guard from arrest in dowry case.

Sachin Bhatia (Expert) 25 October 2009
You can file Anticipatory bail to safe guard him and his family. But you need to strongly defend the case.

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