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Determined to get justice (Manager)     11 September 2012

False streedhan claim in dv, dowry case

Sister in law has filed false 498a and DV cases against brother and family members at CAW cell. Counsellimg between husband and wife is on for 3 - 4 months, but with not much progress. Investigating officer has told the complainant to take final decision onn next steps (press charges, reconcile etc). Instead of taking decision, sis in law has presented false and exhorbitant list of streedhan and asked bro to pay her that amount. Few questions:

1) If she is asking for settlement by money, does it mean she will drop case and give divorce by mutual consent or can she claim this money AND still contiue with charges etc?

2) The list includes marriage expenses and gifts, clothes given to groom and family during marriage - do these items count as Streedhan??

3) She has taken all her jewellery, clothese, items with her but she is falsely claiming we have kept her stuff. Her claims of marriag expenditures highly exxagerated. How to prove she is making false claims? Any tips would be helpful.

Thanks



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 September 2012

Hi,

 

Good to see your determination to get justice. You'd surely get it - how soon is the real question.

Allright In my opinion :-

 

1. Don't give in to any extortionate demands if she has already taken her articles, I hope you have applied and obtained notice bail so as to rrule out any hasty arrests in case of registration of FIR.

2. She'll have to prove each and every article by invoices etc and giving them to you & also subsequent misappropriation by you of those articles. what has been gifted to groom or relatives does not count as streedhan and need not be returned back. She is entiteld to only what was gifted to her from either side.

3. If the lists are exxagerate - take out a copy - file a tax evastion petition - follow up with RTIs. If there is discrepancy between their known sources of income and amount allegedly spent - they can be set right by the Income Tax department.

4. Read : https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

 

Good Luck ! Feel free to buzz.

 

Adv. Bharat Chugh

*Supreme Court of India

Determined to get justice (Manager)     14 September 2012

thank you, Advocate Chugh. I had a follow on query. When my sis in law handed over said list to my brother, the IO asked my brother to give an acknowledgement of having received the list and gave him 10 days time to respond. My brother signed acknowledgement as "Received list" with date. Can that be misconstrued as his acceptance of having received the items listed in that document? Should he give any representation at the CAW clarifying his position?


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