skec (superwiser) 02 April 2014

False case on dowery,streedhan claim and maintenence

Hi All,

Here i have brief story regarding to my brother. My brother got married in April 2013. after marriage his wife and her parents start blackmailing regarding to money.we have discussed to them many time for peaceful life but every time they were trying to get torture with putting false 498a. after few months back we have filled judicial seperation under sec10 and put one complain in police station for all those threatning.

when Girls party got notice from court then they filled 498a,34,3/4. thus we got bail approprieatly. 12 members of our families as accussed in FIR. FIR hasbeen done before 4 months back but still chargesheet is pending.

Now girl hasbeen putted file of divorce on ground of cruelty , maintenence and her gifted or dowery items.

Here i have some doubts on false claim and maintenence :

I have few points which could be need to prove us. which are following :

How can i prove if they have given money by cheque. for marriage expenditure by two Cheque (amount 30000+20000).
if They have few fake and orignal bills of gold and furniture items.
I buyed four wheeler car which is named on girls.but they are claiming as streedhan.
if already She has taken all jewelry and her gifted item.

Please as above said points, i have to cross in court and if any expert has any more clues on that point, kindly let me know where as i can fight flase 498a, 13(divorce),25(maintence) and 27(items return).

Thanks.

Raj Singh

Varansi

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7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 April 2014

Dear Querist

the cross examination can be conduct after seeing the evidence or chief examination of witness, so it will be better to consult with a lawyer with all the documents.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 April 2014

Dear Querist

the cross examination can be conduct after seeing the evidence or chief examination of witness, so it will be better to consult with a lawyer with all the documents.

Nishant (BDE) 02 April 2014

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T. Kalaiselvan, Advocate (Advocate) 02 April 2014

Your case is very simple and adequately evidenced, i.e., the two cheques given at the time of marriage for marriage expenses only can be brought by asking her the details about it. As far as jewels and other articles are concerned you can very well deny that there is nothing in your possession and she has taken away everything with her while she deserted you, and that the car bought on her name itself is a substantial proof that you never demanded dowry especially the amount what they mentioned in the cheque when compared to the cost of car you bought on her name. If you have decided to part your ways with her due to her cruel acts on you and against your parents, you may withdraw your petition u/s 10 of HMA and submit to the decree of divorce she prayed for in her petition but without allegations. This will be better for you and your future.

skec (superwiser) 04 April 2014

Hi Kalaiselvan Sir,

girl party has claimed around 50 lakhs in court. 1st : 25 lakh as dowery item 2nd : 25 lakh for Alimoney Amount. They are producing Old jewelery bills. Some bills are in Parents name and some bills are normal slips. So how can we prevent this false claims.how i need to prove this fake demand in court.

She has already filled divorce on ground of 498a. even she has to complete 1 year of marriage. before completion of 1 year marriage can she will be entitle for divorce. if yes then i should go for divorce or i should hold her time. if she will get divorce then again one person will trap and fight 498a.

So Kindly let me know your response in details whereas i can teach to opposite gang.

Thanks.

Biswanath Roy (Advocate) 10 April 2014

In a criminal case burden of proving the facts of allegations lies upon the prosecution. Let the opposite party prove the facts of their allegations by adducing admissible evidences after that when your turn will come to rebut the allegations you can discharge your onus by submitting counter evidences or at the time of cross examination to arrive at a logical inference to rebut the alleged claim..