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mayank verma (assistANT) 11 April 2014

498a

Hi friends, my wife has been threatning to file dowry case against my. She has already lodged complaint in police station and the matter is under councelling centre. My question is that when we got married she brought a car with herself. I came to know that she bought the car on her own name on loan from bank. Later on, after few months, she got the loan cleared.
Now she is threatening that i demanded for car and want to file dowy case for demanding car.
Kindly advise if this will stand in the court of law. I have never asked her to buy car.
With many thanks and kind regards in anticipation of your quick answers.

Learning

11 Replies

Dr J C Vashista (Advocate) 12 April 2014

Incomplete information.

Has she mentioned any such demand in counselling?

Regarding the car, you did not ask, she brought it for her personal use.

1 Like

Sudhir Kumar, Advocate (Advocate) 12 April 2014

try peaceful settlement.

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T. Kalaiselvan, Advocate (Advocate) 13 April 2014

If she met the demand for car, it should have been on your name, this is first weak point on her side. The other aspects depends on your defence to her allegations, better go for an amicable settlement.

1 Like

mayank verma (assistANT) 27 April 2014

Thanks all. I asked the same question to my lawyer that giving and taking dowry both are offence. But he said that she is wring that "shadi na tut jaye is majburi me uske pita ne car loan par kharid kar de de". My lawyer said that that court will not act upon it. She herself stated the above lines in writing in one of the replyies.

Kindly suggest.

mayank verma (assistANT) 27 April 2014

Thank you very much sir. Can I file for anticipatory bail before the registration of fir. One lawyer had told me that you can apply for AB only when a FIR is registered against you. Where should I file it, that is, do I need to approach high court or district court ?

mayank verma (assistANT) 27 April 2014

Thank you very much sir. Can I file for anticipatory bail before the registration of fir. One lawyer had told me that you can apply for AB only when a FIR is registered against you. Where should I file it, that is, do I need to approach high court or district court ?

mayank verma (assistANT) 27 April 2014

Thank you very much sir. Can I file for anticipatory bail before the registration of fir. One lawyer had told me that you can apply for AB only when a FIR is registered against you. Where should I file it, that is, do I need to approach high court or district court ?

mayank verma (assistANT) 27 April 2014

Thank you very much sir. Can I file for anticipatory bail before the registration of fir. One lawyer had told me that you can apply for AB only when a FIR is registered against you. Where should I file it, that is, do I need to approach high court or district court ?

mayank verma (assistANT) 27 April 2014

Thank you very much sir. Can I file for anticipatory bail before the registration of fir. One lawyer had told me that you can apply for AB only when a FIR is registered against you. Where should I file it, that is, do I need to approach high court or district court ?

mayank verma (assistANT) 27 April 2014

Thank you very much sir. Can I file for anticipatory bail before the registration of fir. One lawyer had told me that you can apply for AB only when a FIR is registered against you. Where should I file it, that is, do I need to approach high court or district court ?

Dr J C Vashista (Advocate) 28 April 2014

Although there is no harm in filing for anticipatory bail before the registration of FIR, even then the Court will definetly be asking you to prove (by evidence) that you have some real apprehension of being arrested, otherwise it will be dismissed.

It is always better to file only after lodging of FIR in Session Court (District). Undoubtedly you can move to High Court also but you will be looser of an attempt (if not granted) and there is a chain of command/ power vested with each Court, High Court is next to Sessions.

1 Like

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