false jewellry claims in matrimonial dispute
Vishal jain
(Querist) 13 September 2009
This query is : Resolved
Hi all
I am having a matrimonial dispute with my wife. She has filed a false 498a/406 against me in which she has clamied that she and her parents have spent more than 16 lakhs. Out of which she has clamied that her parents has given gold ornaments worth Rs.5,00,000 /-.
For this claim of jewellry, The girl has given statement in the police(IO) that all her gold has been given by her grand mother(NANI), who is not alive and dead since 15 years.
It is also fact that she don't have any bills to claim for her jewellry thats why her lawyer has told her to give this statement to the police. Don't you think that is it possible that all the gold items were given by her grand mother(NANI).
Now, Can any body help me to counter her statement as stated in PARA-2. Can we ask her to display any single photograph/snap on any occasion on which her grand-mother(NANI) had ever wore that jewellry. PLEASE HELPriven
Prakash Yedhula
(Expert) 13 September 2009
Reply by Shri S.A.Rajan sent to lawyersclubindia:
As a criminal case was laid against you under secs 498A and 406, wherein she has made claims that at the time of marriage, you were given money and jewelry, you are expected to repudiate or disprove her claims in the trial.If your idea for defense is to question her means to give those jewelry in dowry, you may unravel it by eliciting answers to that effect in the cross examination. Since it is a case under sec.498A IPC, your wife need not necessarily prove the origin of the jewels, as the burden to prove the non-culpability is on you and you should be disproving her claims.
S.A.RAJANriven
Vishal jain
(Querist) 13 September 2009
Dear Mr. Y.prakash, Sorry to say but I totally disagree with your statement.
You mean to say that any girl can say that she & parents have given this much jewellry in marriage, and that jewellry has been given by her grand-mother who is not alive since 15 yrs before.
It means that, if the girl been ever been asked to produce bills for jewellry then she can give this statement and save herself.
No sir, there must be some counter attack to counter the statement given by girl as mentioned in my query.
Thankxriven
Bhumik Dave
(Expert) 14 September 2009
Dear Vijay, i m agreed with Mr. Rajan & Mr. Prakashriven
Raj Kumar Makkad
(Expert) 15 September 2009
merely making a statement by complainant wife is not sufficient, she is bound to prove the contents of her statement. Under section 406 IPC, if prosecution fails to prove beyond any reasonable doubt that such and such thing was handed over to such and such person in the presence of such and such person which was purchased from such and such person against such and such value supported with original bill, then entire benefit goes in favour of the accused and in the facts mentioned in the quarry, it seems near to impossible to prove all these connected questions hence accused can put up his case vigorously at the time of cross-examination to the complainant.riven
A. A. JOSE
(Expert) 19 September 2009
I endorse the view of Mr.Makkad.riven
Guest
(Expert) 23 September 2009
No-doubt, denial is the first rule and Vijay could instantly disprove his wife's alleged claims. However, I totally concur with Mr.Makkad that the prosecution ought to prove beyond doubt the genuiness of her statement, through evidences and documents, else the benefit would accrue in favour of the Accused.riven
