Dowry Complaint
INDIAN
(Querist) 01 May 2013
This query is : Resolved
On demand my fathet has given XX amt to my inlawas to save my marriage which includes a Cheque aof Rs yy amt infavour of my husband and two zz amts deposited cash in my husbands account no and same days my husband had withdraw that money from his bank account. I have stated the same thing in my complaint. Where as my inlaws are saying that was a friendly loan or some money was deposited to buy some stuff from his residential city and same is handed over to my father. Now my query is the cheque detail and payin slips of cash deposited will not be considered as dowry demanf proves ? what so ever my in laws r stating that will be considered and I will not get the justice from court ?
P. Venu
(Expert) 01 May 2013
Your can appear as witness and prove his intention through his deposition.
ajay sethi
(Expert) 01 May 2013
sympathy of the court is with the lady . in your case the factum of receipt of money is admitted both by cash and cheque . it is your case it was due to dowry demands . in support of your contention you will have to lead evidence by means of affidavit . state said facts on oath . you will get justice
Devajyoti Barman
(Expert) 01 May 2013
You have enough evidence in hand. Keep patience and faith in court.
Raj Kumar Makkad
(Expert) 01 May 2013
Who so ever asserts, must prove. The factum of the cheque and cash need not be proved by oral evidence except your own. Now let your in-laws prove the same for the friendly loan or payment against the purchase of any stuff and repayment of alleged loan amount.
INDIAN
(Querist) 02 May 2013
Dear Experts , thanks for your reply. I shared all the advises given by you with my advocate . He told me that now the proves of the payment has no value . The reason is that I have also filed my dowry complaint one year back to police station stating all these above said information and a compromise get effected between me and my husband in writing in women cell where he accepted that he will not put any type of demand in future from me and my parents. That writing paper is with me. Now my advocate is saying that all previous matter before compromise from both the sides will be considered as condoned. So now the proves of given payment has no value . I want to know that is my advocate is telling is true ? will IO not or court not considered the cheque transaction and cash deposit pay in slip as dowry ?
ajay sethi
(Expert) 02 May 2013
the problem with you is when you raise a query you don't disclose entire facts . facts are stated only after answer of queries by experts .
in your case based on compromise affected and reduced in writing have you with drawn your complaint . it is necessary to go through the compromise arrived at between you and your husband . also the complaint filed by you
INDIAN
(Querist) 02 May 2013
Mr. Sethi , I m sorry but on 26.04.2013 I have given a query stating full facts but unfortunately nobody replied to my query. That was my first query and I was in the impression that I have written very long thats why no body has replied which was a wrong thought of mine . In fresh query I tried to write short and forget put that fact which I have given you later . But I still could not understand what should I do ? Will the cheque transaction and cash deposit bank pay-in slips considered as proves of dowry or not ?
ajay sethi
(Expert) 02 May 2013
the objective of referring a matter to CAw cell before filing of FIR is to try to arrive at a settlement between married couple , in your case preliminary inquiry report of CAW cell recorded compromise arrived at between you and your husband . the magistrate has to consider the caw cell report before passing an order for investigation . if he disagrees with CAW cell report he has to give reasons . since in your case compromise has been arrived at between the parties the magistrate would consider the same before passing any order .
INDIAN
(Querist) 02 May 2013
It means after taking the dowry and on dowry demand complaint to police station if husband come to the compromise and then again they can torture to the lady for the same demands and there is no law to ask to husband and in laws why he has repeated the offense ?
ajay sethi
(Expert) 02 May 2013
it would certainly be maintainable if even after compromise arrived at the wife is continuously tortured for dowry .
INDIAN
(Querist) 02 May 2013
Thanks for your immediate reply . Your first reply that it would not maintainable to which you have modified later has put so much pressure on me that I m unable to get the justice now .
prabhakar singh
(Expert) 04 May 2013
It is a continuing relation then causes may arise in future which would be actionable without reference to past.
Devajyoti Barman
(Expert) 05 May 2013
Yes, subsequently the wife can again alleged torture and fresh case may be started. It would be case based on subsequent facts.
ajay sethi
(Expert) 05 May 2013
our replies are based on facts stated by you . if subseqenetly new facts are adduced the replies have to be modified on basis of changed facts .
INDIAN
(Querist) 06 May 2013
Thanks to all for ur vlueable time and advise . Speciially to Mr. Ajay Sethi.
ajay sethi
(Expert) 06 May 2013
thanks for your appreciation
