Rajeev Misra (Advocate) 13 September 2011

Counter 498a case under corruption for govt. employed fil

Hi All Experts,

Generally there is false claim of Huge expences as Dowry from Girl's family side in 498A case which is usually beyond earning capacity of Girl's father.

if Girl's father is now retired Govt employee then as counter of there false claim they can be sued under prevention of corruption act-1988. i need suggestion on following points from experts as below:

1. What could be repercations if 156(3) under Prevention of corruption Act-1988 case be loged against Girl's father ?

2. Under which Section retired Govt. Employee can be sued in the case?

3. Is any permission is required from LG ( in case of Delhi State) before case under this Act?

4. What can be possible counter from Girl's father ? is defamation is possibility ?

5. will jurisdiction be as per his home address OR office address ? pl suggest as per Act?

Regards,

Advo Rajeev

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3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 September 2011

The father of such girls can not be sued under Prevention of Corruption Act.

There are 100s of ways to show how dowry was arranged.

Better go for Tax Evasion Petition. I have filed it with success and my FIL has been directed to cough up money for unexplained expenditure.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

One other way I am exploring for exposing false dowry claim is asset and liability statements submitted by my father in law every years.

As the departmental procedure, he is required to submit asset and liability statements every year. Using RTI I have requested to get copy of these asset and liability statements.

My way of argument is going to be that if my FIL is claiming that he has paid lets say 2 lakhs as dowry - either his asset should go down by 2 lakhs that year or his liability (loans) should go up by 2 lakhs. You will also have to account for the income he has shown that year in the above equation.

But you will have to check whether your FIL was working in a deaprtment which required asset/liability statements to be submitted.