suresh
suresh
(Querist) 23 December 2009
This query is : Resolved
hi sir,my file filed a petition in family court saying that she has given dowry and she wants that back without asking divorce,in her petition she is saying that her parents gave me jewels along with 3 lakh rupees and they gave me 50 thousand. all big big fake.what should i do my neaxt hearing is jan 14 th.i am an nri.i dont know what to do.
adv. rajeev ( rajoo )
(Expert) 23 December 2009
you engage a lawyer to represent in the court. Give him a details so he can file an objections to the petition.
It is not very easy to prove that you have taken a dowry and ornaments at the time of marriage.
Giving dowry is also an offence.
Guest
(Expert) 23 December 2009
While totally agreeing with my ld. friends that you should engage an advocate to represent your case by sending vakalatnama in his favour duly attested by the Indian Embassy where you have been linving. The application for personal exemption has to be filed and if the court allows that application, you need not appear in the court.
As far as the merits of the case are concerned, I quote certain excerpts of the case "Neera Singh Vs. Govt. of NCT of Delhi (2007) 138 DLT 152, delivered by hon'ble justice Sh. S.N. Dhingra -
"police shoud insist upon compliance of rules under dowry prohibition Act - Police should not entertain any complaint, if the rules have not been complied with - Dowry prohibition (maintenance of list of presents to the bride and bridegroom) Rules, 1985 - Rule 2". It has been further held "Requirement and duty of metropolitan magistrate - he should not take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration marriage, after demand - courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn - If huge case amounts are alleged to be given at the time of marriage, which are not accounted any where, such cash transactions should be brought to the notice of the Income Tzx department by the court so that source of income is verified and the person is brought to law".
In view of above, your position is secured one and put your best efforts to contest the case with vigour.
Raj Kumar Makkad
(Expert) 23 December 2009
I do agree with the opinion of Prabahkar and further suggest to obtain certified copies of the petition, affidavit and other evidence brought by you wife in her case and file a separate case under section 3 of Dowry Prohibition Act against your wife and hr parents. They shall immediately pray you to make a compromise and shall fled from court. I had done this in a case and the desired results had come out immediately on their summoning.
