LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Puneet (Victim)     15 February 2015

False claim on dowry gold

My wife flied 498a on me and my family with full of lies in her complaint she mentioned that on marriage she got 6kg gold and after a week my parents took all that gold from her.The truth is there was no gold given and 6kg is something her family can never afford in this situation during the trial how can we prove that this claim is baseless ?

 

In India its easy to get some false bills but i think even if one gets a false bill of 6kg gold they have to show the bank statements if i am not wrong.

 

Please help 



Learning

 4 Replies

fighting back (exec)     15 February 2015

if the status  of the opposite party is not such that they can afford to gift 6 kgs of gold, or if you feel that they are not rich types, then file an application with the income tax department through your lawyer asking for income tax records, or file for TEP, (Tax evasion petition) to get the  clear picture. if they have declared some sort of wealth that they can afford to buy such jewellery. also ask through the court that the bills produced are fake, and to send a court notice to the jeweller to produce the counter receipts in support, and check if the bills are vat paid and tax paid, by harrassing the opposite party in this way you can get the true picture. 

Puneet (Victim)     15 February 2015

But when she mentioned that she gave us such huge amount of jewellery which claims to be with us and now proving with tax and all stuff will take long and do u think the court give such long time and is it duty of court to ask her to prove or we have to run around to prove? How can we get tax detail of entitre members of her family as she can claim the gold brought by any other member of her family.

than (other)     17 February 2015

no worries, claimant needs to be prove 6 kg  gold she has been wearing at the time of marriage by producing documentary evidences/photos..your solicitor request to the judge for  all the documentary evidences.it should be a tax bill /vat bill/photographic evidences. you have to prove it fake/wrong..simple formula is  providing evidence on claimant's duty. Accepting the evidence / proving the evidence are false  by the respondent's duty.. simple as this...

T. Kalaiselvan, Advocate (Advocate)     18 February 2015

The burden to prove the allegations will lie on her side so wait and watch the documentary evidences she may produce before the court to prove her allegations and your advocate may drill her with question about the root or source of income and proof of he allegation including the authenticity of the evidences she has produced.  Just wait for the trial to begin where you will get opportunity to break her case.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register