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498a Advice (IT)     06 December 2015

Ab is in process in high court jaipur

My wife had filed false dowry case against me and my parents under section 498a,406,341,323,34 DP Act(private complaint under section 156(3).FIR done in starting on 4th August and after that recieved notice of 41a.

Applied for AB,Parents got it from session court n mine is process in high court.High court has given interim with order to stridhan and after that final hearing.

My queries:

1) Wife has already taken her all jewellery including from our side and saying it's with us.Can court reject the AB for non-recovery of jewellery or ask for money to be submitted for the amount of jewellery?

2) Car is in my name - Transferred the money through RTGS to showroom account. Ready to return it.

3) Furniture & Electronics - No video for the same and they can only arrange duplicate AC bill.Shall i return these or not.IO has already noted the same in Statement(Byans) forcibly.

4) Jewellery - To me and parents. Shall i return it or not?

Please advice how to handle it.

 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     16 December 2015

1) Wife has already taken her all jewellery including from our side and saying it's with us.Can court reject the AB for non-recovery of jewellery or ask for money to be submitted for the amount of jewellery?

During AB hearing, you can produce the evidence for having taken back her jewels which if convinced, you may get AB

 

 

 

 

 

 

 

 

2) Car is in my name - Transferred the money through RTGS to showroom account. Ready to return it.

3) Furniture & Electronics - No video for the same and they can only arrange duplicate AC bill.Shall i return these or not.IO has already noted the same in Statement(Byans) forcibly.

If the above items belowng to them, you can make a list and return them a per the court order, which you can plead before high court accordingly.

 

 

 

4) Jewellery - To me and parents. Shall i return it or not?

If it was their contribution, dont hesitate to rerurn them too.

 

 

Better allow a smooth passage so that you can challenge her false case in the trial court properly.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 December 2015

My opinion is slightly differs in points 2 & 4.

 

As per Maintenance of List of Presents to the Bride and Bridegroom Rules 1985, Specially Rule 2, it is your presents hence your property. You should not return. 

 

Please see my profile links for more information and clues.

498a Advice (IT)     21 December 2015

@T. Kalaiselvan, Advocate - I don't have the evidence that jewellery is with her. @Rocky Smith - How to defend for point no.2..My advocate is simply saying your AB will be rejected as they have proof of RTGS Transaction.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 December 2015

It depends on the style of argument of your lawyer since the car is in your name hence it is your asset. It is given as present/gifts during your marriage. How it can be termed as dowry?

498a Advice (IT)     21 December 2015

Lawyer is simply saying that it's given by them so return it and they have proof of RTGS transaction..so your AB can be cancelled.

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