Dv & section 9

File WS ( Written statement) that section 9 is not maintainable as the lady/petitioner herself have refused to live with the husband in mediation center and in CAW cell.

It is a matter of arguments that section 9 case and Case under DV are not maintainable as if there is any cruel behaviour by the husband and she forced to file DV case then how can she invoke the section 9 of living together where she has apprehension of alleged cruelty and the present cases are only filed to extort money from the husband.

You may contact for thorough discussion.

Regards

Vivek Malhotra

Advocate, Delhi 9716670701

 

 

thanks a lot Sachin & Vivek for reply.

But still in CAW cell IO is calling me to submit admit list, on 7-Sep at 2:00pm. i have to joing CAW cell on 2-Aug ,11-Aug & 29 Aug i have not attended CAW so finaly i have received letter from CAW if i m not going to presnt on 7-Sep than based on my wife complain "mere khilaf kanuni karvai kar de jayegi"

So in this situation is it mandetory to go CAW ,aleardy i have AB of 7 days prior notice after FIR will filed.

 

Originally posted by : SAUEABH GUPTA
	thanks a lot Sachin & Vivek for reply. But still in CAW cell IO is calling me to submit admit list, on 7-Sep at 2:00pm. i have to joing CAW cell on 2-Aug ,11-Aug & 29 Aug i have not attended CAW so finaly i have received letter from CAW if i m not going to presnt on 7-Sep than based on my wife complain "mere khilaf kanuni karvai kar de jayegi" So in this situation is it mandetory to go CAW ,aleardy i have AB of 7 days prior notice after FIR will filed.

 

As per the powers of CAW Cell they can only send the file to the concern police station with the recommondation to register FIR. You are not legallly bound to follow the letter recived by the women cell.

 

But still i will suggest you to go to CAW Cell because it will stengthen your case in court, if you don't go your wife will try to take court sympathy and convice that you are not ready to live with her because < allegations>. And if you go to the CAW Cell you can tell the court that it is you who even after facing so many problelms because of her still cooperating with her. and she is < your allegations>

 

Thank you Sachin

I will follow that

Today i have to submit admitted list which i receive from my wife through CAW waht will happen next?what i have to do after this.

I am sending the list to you can you suggest any thing on this.

In this list she is explaining the wedding expenditure about 4800000/-

But in delhi high court mediation center she reduced the amount to 23,43374 out of which jewellery of 570000/- we have given back on the basis of her written form in her own hand writing dulay signed by my father & Mother and her mother & Father any by my wife.

How to fight later kindly help me out.

Originally posted by : SAUEABH GUPTA
	we have given back on the basis of her written form in her own hand writing dulay signed by my father & Mother and her mother & Father any by my wife. How to fight later kindly help me out.

You simply reply that stri-dhan list is fake and imaginary and does not need any reply all the articles of stri-dhan is already returned to the complainaint and is still in the possesion of the complainaint.

Explainaition:

Basically, as per the dowry probhition act (2) the list of stridhan is to be signed by both the parties and it is to be made at the time of marriage or within few days of marriage.

But this explanation is to be given in court during trial or bail do not open all your cards in CAW Cell.

 

You need to contact as already told to u for proper discussion  and reply to be given in writing in CAW as well in DV and Section 9 Case.

 

 

Hello Sachun & Vivek

Yesterday i wnet to CAW over there i have sumitted my admit list i which i admitted one gold ring,one dimond ring & one gold chain which was given to me at the time of marriage & engagment along with with some furniture items which is my home given by my wife side later i will send the copy to you.

After this IO ask my wife to submit balance sheet than given next date on 20-Sep at 2:00pm and said she will took us to meet ACP & DCP.i think on that date FIR proceeding will be start .

I want to now what will happen next like who will be the IO? it will same as CAW IO or different?

My parents alon with my sister are living in Allahabad i was staying in delhi with my wife alone.

my wife will file 498A aginst to all Mother father sister and me so in that case my parents need to come to delhi for Bail?

Is it difficult to take Bail?

Or what will happen next.

 

I/O will be from police station,

No one needs to personally appear at the time of anticipatory bail. Sometimes judges call husband for the purpose of mediation in the court, After a judgement of supreme court that no automatic arrest. It is very easy to get the anticipatory bail from the session court.

I want to know about dowry article which comes under dowry my wife has submitted about 500 bills related to shopping before marriage and at the time of marriage in CAW My marriage took place in allahabad and my wife family come from surat so my mother paid cash of 25000 to book engagement hall than paid cash of 50000 to book marriage hall than paid 9000 for photography these three amount she paid in advance the same amount was transferred from my wife brother to my mother bank account. Only this transaction has been done now my wife claiming this amount as dowry in her petition and stating that we have demanded Honda city car so her family transfer this amount and give cash of 200000 at the time of engagement & 600000 at the time of marriage We have not demanded for any dowry and no cash was given to us What are the things court will consider as dowry?

Originally posted by : SAUEABH GUPTA
	I want to know about dowry article which comes under dowry my wife has submitted about 500 bills related to shopping before marriage and at the time of marriage in CAW My marriage took place in allahabad and my wife family come from surat so my mother paid cash of 25000 to book engagement hall than paid cash of 50000 to book marriage hall than paid 9000 for photography these three amount she paid in advance the same amount was transferred from my wife brother to my mother bank account. Only this transaction has been done now my wife claiming this amount as dowry in her petition and stating that we have demanded Honda city car so her family transfer this amount and give cash of 200000 at the time of engagement & 600000 at the time of marriage We have not demanded for any dowry and no cash was given to us What are the things court will consider as dowry?

 

let her say this in court or FIR , then you file a case against her whole family "u/s 3 of Dowry Probition Act " Giving dowry is a crime"

Hi 

i continuation of above conversation 

Now FIR has been filed by my wife on 18 Nov-16 for Section 498a in which she complained agaist me my mother , my father & My sister. I was serevd with the notice stated that i will not arrested according to suprime court order passed in 2008-9 but i have to be present in front of IO on 8-Dec-16

when i went with my lawyer to meet IO he treated me well and serve me a notice that from today on wards i will not use any locker without police or court permission. and asked me to return the items what i have admitted in admit list, so on 17-Jan-17

i have returned the items in womencell police station with receiving given by IO called as "PARD"

At that day IO started convincing me to do settelment with wife in terms of money, but when i stated that wife has did false aligation to harres me an my family. than he said that Indian law is biased for womens so its better you to do settelment 

Now he asked me to bring me my parents & sister on 27-Jan in delhi, my parents & sisiter is living in allahabad.

I have some questions:-

1. Do i have to take AB for my parents & sisiter to.

2. Is it possible to remove names of my parents & sister from FIR.

3. If i refuse for settelment than what will happen next.

4. Is every time my parents & sister have to apear in court. or is there any option not appear in the court for them.

 

Originally posted by : SAURABH GUPTA
	Hi  i continuation of above conversation  Now FIR has been filed by my wife on 18 Nov-16 for Section 498a in which she complained agaist me my mother , my father & My sister. I was serevd with the notice stated that i will not arrested according to suprime court order passed in 2008-9 but i have to be present in front of IO on 8-Dec-16 when i went with my lawyer to meet IO he treated me well and serve me a notice that from today on wards i will not use any locker without police or court permission. and asked me to return the items what i have admitted in admit list, so on 17-Jan-17 i have returned the items in womencell police station with receiving given by IO called as "PARD" At that day IO started convincing me to do settelment with wife in terms of money, but when i stated that wife has did false aligation to harres me an my family. than he said that Indian law is biased for womens so its better you to do settelment  Now he asked me to bring me my parents & sister on 27-Jan in delhi, my parents & sisiter is living in allahabad. I have some questions:- 1. Do i have to take AB for my parents & sisiter to.   Yes, you need to take AB, 2. Is it possible to remove names of my parents & sister from FIR.   Not at this stage, later if you want  to remove their names you need to file quash petition in HC. 3. If i refuse for settelment than what will happen next. Case will move to court and you have to face it on merits 4. Is every time my parents & sister have to apear in court. or is there any option not appear in the court for them. You can file for permanent exemption but till court grants you exemption they need to appear in court.But the stage to appear for all is after filing of chargesheet not now first file bail petition for bail they need not to appear,

 

Hi Thanks for your informations.

Is it possible that onbehalf of my parents & Sister any lawyer can appear in the court.