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Uma Maheswara (consultant)     28 June 2013

Advice needed family court

Dear Experts,

I am married in May 2009 and staying with parents at Visakhapatnam and my wife left the house without intimation to me on Nov 2009 while I am in Delhi for office work. My wife filed 498A at Rayagada, Orissa and Divorce and Maintenance case in Visakhapatnam. Being the only son and earning a good salary my parents and me didn’t take dowry. Prior to marriage, my father-in-law had done some online transactions with our family friend and asked her to pay to one of their relatives at Visakhapatnam as they borrowed money earlier from them. My father-in-law and our family friend worked in the same bank but in different states. Now they are showing those bank details paid to our family friend as money paid to us as dowry and filed a petition in the family court to summon our family friend. My family friend is unmarried and is very afraid to come to court and give her statement as it might effect her future. Her family is not ready to send her to court as they belong to another  religion. Do I need to file a petition with my version for the petition filed by my wife.? Please suggest me how to show that they have not paid the money to us as dowry.

Thanks 

Mahesh



Learning

 2 Replies

Adv. Chandrasekhar (Advocate)     28 June 2013

If she is wife's witness and does not turn up into the court despite notice/summons, the wife will  fail to prove the particular fact which she wants to prove and it goes in your favour.

1 Like

Adv k . mahesh (advocate)     11 July 2013

here one more thing is also there if the witness does not turn up and judge may take as the father in law gave amount to you and you had influenced the witness not to appear before the court and judge may issue arrest warrant or he may take as no witness and the case is dismissed think in two ways 

better option is to convince your friend and tell to appear in the court and also if any documents to support your version first submit as evidence to show that your friend had cash dealing with your father in law and try to avoid personal appearance of your friend this is safe for your friend also 


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