False case for returning ornaments and money after divorce
ASIT
(Querist) 08 January 2013
This query is : Resolved
Dear Experts,
My former wife filed a false case against me after divorce (Talaq). She claims that she gave me her gold ornaments and a lot of money to me and my parents as dowry (which is not true). She have attached my parents property in this case. She do not have any evidence submitted in the court other than her relatives as witness.
1. Please advice me what are the steps I have to taken for proving her claims are false.
2. What is the chances for me to win this case?
Devajyoti Barman
(Expert) 08 January 2013
How come the properties are attached, were you not fighting the case?
Give details of the nature of the case.
ASIT
(Querist) 08 January 2013
My ex wife claims that she entrusted her ornaments to us (me and my parents) and attached my parents property where I do not have any property.
The case is running in the court.
ajay sethi
(Expert) 08 January 2013
fight case on merits . your wfe has to prove that she has given you money and ornaments
Raj Kumar Makkad
(Expert) 08 January 2013
There is very little possibility of success of your wife as you might have returned Mehar to her and she has not raised any objections thereto and talaq has already become final.
ASIT
(Querist) 09 January 2013
I would like to get other experts opinion as well.
Nadeem Qureshi
(Expert) 10 January 2013
Dear Niyas Sahab
no need to worry about it, first of all you should cleared the facts that the case is filed under section 406 IPC or she filed a civil suit for recovery?
if she file a criminal complaint or registered FIR u/s 406 Of IPC, the court can not pass any order to attached the property.
if she filed a civil suit and she got a decree from the court only after filling execution of this decree the court may pass an order to atteched the property otherwise not.
Feel Free to Call
Sudhir Kumar, Advocate
(Expert) 09 February 2013
Sorry to slightly disagree. Return of Mehar doe snot mean that husband will keep stridhan.
