Whether i can get the stay order on dowry articles
Mentally Depressed
(Querist) 22 June 2012
This query is : Resolved
My elder Brother is married and his wife has filed police case against him for not returning the gold/Jewellery and the matter was referred to Crime Against women cell
The CAW asked him to retun the articles on the basis of list prepared by his wife which is much aand much excessive than the jewellery brought by her
I Have this apprehension that my father nad brother will surrender all the gold/jewellery which belong to my deceased mother ( which she too has acquired inherticaly)
I and my father/Brother are residing in delhi and the women has made complaint in other state
Please suggest whether I can get any stay order from any Dist courrt/High Court of delhi which stopped them to surrender all the gold to her?
If yes, against whom I have to file?( necessary and proper Parties of this case) so that court can give directions and pass appropriate orders
Kiran Kumar
(Expert) 22 June 2012
its a matter of Criminal Law
dont expect any stay order from the courts in such kind of cases.
the Dowry Articles which are to be recovered shall be as per the description provided by the Girl side.
you may hide the ancestral jewelry to some safe place.
the other side will have to give the evidence about her claims.
its going to be a complex fight, better engage some local lawyer and act as per his advice.
Nadeem Qureshi
(Expert) 22 June 2012
Dear Querist
whenever the case is in Women cell they have no power to arrest your brother, father or any one else, but if they registered a FIR against your brother/father or any one, you have to right to file a Writ/Quash petition before the HC of that state in which the matter will be pending with stay application and 100% you get the order.
Delhi courts have no jurisdiction to interfare in this matter.
Feel Free to Call
Raj Kumar Makkad
(Expert) 22 June 2012
So far as excessive demand of ornaments from the side of wife of your brother is concerned, she shall to produce the ownership proof and merely because she prepared list as per her own whims and wishes is not a ground to handover her the ornaments which do not belong to her. Case has already been filed so if your ancestral ornaments can be taken away at safer place then it is ok otherwise also even if police recovers those and produces before the court, you or your father can taken those ornaments on sapurdari from court by producing the evidence in support of your ancestral claim.
Adv.R.P.Chugh
(Expert) 22 June 2012
1. File your counter lists - clarifying everything.
2. Intimate teh senior officials in CAW Cell as to exact fact scenario.
3. They'd have to prove via reciepts each and every article. Bogus reciepts can be challenged.
4. Return only the undisputed.
5. Whatever has been gifted to your brother need not be returned.
6. Jurisdiction issue cannot be examined on these many facts.
7. High Court would rarely interfere when CAW Cell concilliation is on.
8. Hope you've got a notice bail
ajay sethi
(Expert) 22 June 2012
agree with experts
Shonee Kapoor
(Expert) 22 June 2012
It is for your beother/ father to take necessary action.
It is either complete fightback or complete surrender.
Apply for bail and don't give what is not hers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
JANAK RAJ VATSA
(Expert) 22 June 2012
dear friend, since the case is filed in some other state, so the delhi courts juridiction is excluded. you need to proceed in that state only. as regardss the jewellery articles, contest each and every item by asking for the receipts and right of ownership. do not give away your ancestral jewellery.case in caw cell is only for conciliation purposes. no fir has been filed yet and need be take AB if required or file for quash in high court.
