Suit under pwdv act & prohibition of dowry act
V.N.K. MENON
(Querist) 22 January 2017
This query is : Resolved
Dear experts,
Hope there is no limit in number of queries to the forum which is a goodwill. As per one opinion, it implies that there is limit. Opinions of experts were very much helpful in the past in chalking out my strategy- I am grateful.
CASE:
My daughter-in- law filed for maintenance u/s 12 of PWDV Act in which she had ADMITTED, repeat ADMITTED, paying dowry and huge sum spent in reception etc. (REF: Neera Singh vs. state DOJ 23.02.2007)
WE HAD EARLIER DENIED THE ALLEGATION. MORESO, AS PER HIGH COURT ORDER WHATEVER THINGS SHE LEFT WITH US HAD BEEN HANDED OVER TO HER. As such she had no other way but to accept it even though she had EARLIER REFUSED TO TAKE HER THINGS.
QUERY: ALONGWITH REPLY TO MAINTENANCE PETITION PWDV ACT [as stated in first para above], IN ORDER TO FILE CASE UNDER DOWRY PROHIBITION ACT against her, IS IT NECESSARY TO FILE AN APPLICATION through 156(3) route for investigation by police.
Shall appreciate a response to the point, please
adv.bharat @ PUNE
(Expert) 22 January 2017
You need to make request and give necessity , importance to the case before the court.
V.N.K. MENON
(Querist) 25 January 2017
excuse me.
I forgot to put one thing. whether one respondent can submit reply for and on behalf of all the respondents.
Hope experts will condone.
Thank u
Madhava Rao Gorrepati
(Expert) 27 January 2017
What ever money spend on reception party was at your volition. NO one demanded. when paying and accepting the dowry are crimes on equal footing can you say the Law has teeth. Most worthless law is dowry prohibition act, 1961. If you say I paid and punish the other side you are by implication admitting the commission of the crime!! That is why I say dowry prohibition Act can be used for harassment but not for bringing the offenders to book. If you want to run the risk of facing trial you go for a case against your daughter-in-law. This answer is by a social scientist in me, Now as a lawyer I say you need not file a private complaint. you can directly make a complaint to the police. her admission in DVC is not useful to you. you must make out your own case. she may tomorrow say her advocate did not correctly take instructions before drafting her DVC for maintenance. She has many defenses. Instead of depending on her admission if you could make out a clear case then you can file a case. It is not necessary to route through 156 (3) Cr.P.C.
yes one respondent can put in reply. And the other respondents can adopt the same reply as their reply if they do not have any special allegation to meet.
V.N.K. MENON
(Querist) 30 January 2017
Mr. Madhava Rao, please accept my gratefulness, though belated; and other experts also for collective wisdom.
