Pl help( u/s 406 ipc -returning of dowry articles)
Raman
(Querist) 21 June 2012
This query is : Resolved
Dear Sir,
In Today meet, my cousin visited Crime Against Woman cell( CAW)in Haryana in response to complaint file by her wife
Her wife has imposed the condition for returning the articles which includes 350 gms gold articles
While my cousin allege that he has only 50-70 gms gold in his posession rest belong to his deceased mother
Her wife has given the list and CAW has given next date of hearing
My cosuin has the following doubts
1 Whether he should give the amount of gold which was in his possession? As he has apprehension that her desire will remain stick to the other amount of gold which belongs to his mother?
2 If he returned the gold, how and in what manner he should return the gold?
3 If he return the gold, how can he be sured that she can vary from the stand she has not received the gold?
4 Whether she can pursue for section 406 when she received only that much amount of gold which my cousin has been carried by him?
6 Women personnel has advised them to accommodate in rented accommodation, otherwise she will implicate other family members, whether living in rented accommodation is safe?
ajay sethi
(Expert) 21 June 2012
was rest of gold given to wife at time of marriage . if so it is her streedhan .
he should mention detailed particulars of gold beeing returned . take signature of wife on said letter that entire gold has been returned . obtain signature of some witness.
it is advisable to stay in rented accomodation
Raj Kumar Makkad
(Expert) 22 June 2012
1. No. only original ornaments should be given to depose faith and trust.
2. He should return the gold in the presence of CAW officials on the basis of a receipt duly ounter-signed by that official with seal.
3. It proper receipt as told above is obtained, further question ends.
4. Yes.
6. Yes.
Shonee Kapoor
(Expert) 22 June 2012
I agree with Ld. Makkad, give back what is rightfully hers and deny the rest.
Always insist on reciept in the presence of two witnesses of the said exchange.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
