498a & 406
Mustafa Bhat
(Querist) 06 June 2014
This query is : Resolved
Sir,
My submission is that my ex-wife in 498A & 406 case will deposing the statement in court said that the list which she has given to police in 161 is dowry demanded by my in laws.Which she say she has given.
1) Now my query if as alleged the list submitted is a dowry demanded than how misappropriation of dowry will come, so if it so then will 406 exist.
2) Can i request to court to book the lady under the dowry prohibition act, as giving dowry is also crime.As lady is a Class-I officer & even though she say she was tortured for getting dowry.
Please advise.
Nadeem Qureshi
(Expert) 06 June 2014
Dear Querist
as per section 7(3) of D.P.Act the court can not take cognizance on this complaint.
Read the section
Mustafa Bhat
(Querist) 06 June 2014
Nadeem Sir.
What abt my first part of Query.
My query if as alleged the list submitted is a dowry demanded than how misappropriation of dowry will come, so if it so then will 406 exist.
Mustafa Bhat
(Querist) 06 June 2014
Sir,
My Main Query is if the List of articles ( Gold,Electronic gadgets & other house hold items) given by lady in Police in 161 is dowry demanded/ Dowry Taken.
So 498A is there for cruelty for meeting dowry demand.
Then will 406 exist as it is dowry given / Taken.So, when it is dowry given.It should become the property of dowry taker.So the Dowry taker can say use it for any purpose of his interest & not in the interest of the dowry giver.will than it amount to misappropriation or RPC 406 ?
Please advise.
Dr J C Vashista
(Expert) 07 June 2014
Who is this "victim"querist? disclose your identity so that you can be advised on the aforementioned query.
Sudhir Kumar, Advocate
(Expert) 07 June 2014
In Taliban ruled Afghanistan some ladies were arrested just on charge of deserting husband.
But here the case is not so.
Sudhir Kumar, Advocate
(Expert) 07 June 2014
1) Now my query if as alleged the list submitted is a dowry demanded than how misappropriation of dowry will come, so if it so then will 406 exist.
Ans : consult some lawyerin person, with with full papers.
Sudhir Kumar, Advocate
(Expert) 07 June 2014
2) Can i request to court to book the lady under the dowry prohibition act, as giving dowry is also crime.
Ans : If your anology works than all 498a cases will come to end in one day. Better be practical.
Givign dowry is offence but being victim of dowry related harassement is not crime.
Rajendra K Goyal
(Expert) 07 June 2014
Defend the charges against you. Any new case initiation not advised.
Mustafa Bhat
(Querist) 07 June 2014
Sir,
My submission is" if as alleged the list submitted is a dowry demanded than how misappropriation of dowry will come, so if it so then will 406 exist".
Sudhir Kumar, Advocate
(Expert) 08 June 2014
you ask
" if as alleged the list submitted is a dowry demanded than how misappropriation of dowry will come, so if it so then will 406 exist"
I repeat
"consult some lawyer in person, with with full papers"
You do not understand both the provisions.
Raj Kumar Makkad
(Expert) 08 June 2014
I do endorse the advice of Sudhir and do not want to add more.
T. Kalaiselvan, Advocate
(Expert) 10 June 2014
Both the sections referred by the author are not related to dowry demands neither misappropriation of dowry demanded items. First one is for cruelty and the second one is breach of trust. So, as advised by expert Mr. Sudhir Kumar, either consult your lawyer in this aspect or challenge the case before the court accordingly.
Mustafa Bhat
(Querist) 11 June 2014
Kaleiselvan Sir,
My simply submission is if it is dowry demanded & dowry taken. Then it should become the property of dowry taker,then How come misappropriation will come after that.
Raj Kumar Makkad
(Expert) 11 June 2014
Misappropriation starts with the point that the same is under the custody of the husband and it has not been returned to the wife despite of her demand.
T. Kalaiselvan, Advocate
(Expert) 12 June 2014
@Author, hope your query is resolved, you are welcome if you are still not clarified.
