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Raja (Software Engineer)     10 May 2012

False allegation of dowry

If the wife falsely accuses husband that he demanded or got dowry, the burden of proof lies with whom, husband or wife?  What is the acceptable proof by the court?  Will they go by mere statement by wife?



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 4 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     10 May 2012

98% of 498 cases  , accused are aquitted, proves, the allegations are false. 

Bare word do not work. 

First 4 days and fear of arrerst, ABA, etc is the only initial [problem. Later relax for years. 

HK_Jain... (498a Fighter)     10 May 2012

Originally posted by :V R SHROFF
"
98% of 498 cases  , accused are aquitted, proves, the allegations are false. 

Bare word do not work. 

First 4 days and fear of arrerst, ABA, etc is the only initial [problem. Later relax for years. 
"

in added, the burden of proof lies on wife.

Prakash Nair (Advocate)     10 May 2012

In a particular case after the husband left his chronically psychic(evident from the treatments adminstered by her own family both pre & post marriage periods) wife in last August, filed a divorce OP, in the proper channel (after exchange of legal notices). In retaliation to this the wife has filed 3 OPs & 498a at a Police Station as well (after 8 months (!!) from the date she has staarted living separately). What's the suggested advice for the accused-husband and his innocent parents who infact never saw his wife in last one year. His handicapped brother was also accused in this case.

Afte being unsuccessful in the negotiations-whic is still continuing, they have filed these against the husband.

rajiv_lodha (zz)     10 May 2012

Best way forward is TO GET AB BASED ON ABOVE FACTS IMMEDIATELY


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