section 498 dowry act
VIJAY SINGH
(Querist) 22 March 2015
This query is : Resolved
Dear sir, my marriage was solemnised in Dec 1998. My wife went to her parental house in Feb 99. There she joined BTC teachers training without my concern and I brought her back in last week of jun 99. She again went back to her parental house on 01 jul 99. After that she came in Dec 2001 when I served a legal notice to her through my lawyer. (Gap of 2 and half years). Soon after she again left my house blaming that we are not providing her food and other amenities with her father. In Oct 2002 again she came back to my house with her father and three to four persons. Due to my job I was transfered to very far place and left my hometown Agra on 27 Nov 2002. I assured her after arrangement of house I will come back and will take her there a long with me. Again that her father came and took her on 30 Nov 2002. On 02 Jan 2003 she filed section 125 whereas she joined govt job in Dec 99. And again on 14 Jan 99 her father filed a complain case under section 498a, 323, 504, 506 and 3/4 in Aligarh court, Which is now pending in honourable Supreme Court of India.
My query is ...... Whether her father can be main party in filing 498a case against me and my family members. Or is he authorised to file any case related to family disputes once his daughter is well qualified (MA BeD).
VIJAY SINGH
SAINATH DEVALLA
(Expert) 22 March 2015
How can UR fatherinlaw file 498A against U, it is to be filed only by UR wife for harassing for dowry.Section 323crpc relates to offence by towards anybody,section 505 and 506 relate to public mischief and criminal intimidation, ofcourse these can be filed by your father in law.But from Aligarh court how did it go to the SC
Devajyoti Barman
(Expert) 22 March 2015
If the vicitim remains indisposed then her close family members like father, mother, brother/sister can lodge complaint with police. But that is for police case not compliant case.
So challenge the same in quashing.
Reply to the query raised by Mr Devalla.
Rajendra K Goyal
(Expert) 22 March 2015
Author reply the questions raised by the experts.
SAINATH DEVALLA
(Expert) 22 March 2015
Mr.Vijay Singh, U have not replied how the case reached Supreme Court.u have to reveal complete facts of the case to get the best valuable advice.
