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FighTToTheT (Others)     29 November 2014

Reporting of giving dowry

Respected forum members,

My one-time divorcee wife has filed 498a against me - cruelty. She produced a wound certificate indicating an abrasion (3 cm) in her hand - simple injury. I am planning to fight it out real bad for something which I have not done even if it takes many years in court.

Question: I have her previous divorce case and judgement papers where it has been indicated in the case details that her family has given dowry to her previous husband. Can I report this (giving of dowry) to any institutional body in India so that action is taken against her / her family for giving dowry ?

Thanks in advance.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 November 2014

Indian laws prohibiting dowry not only forbid receipt but also giving it. Dowry is a two-way street: unless there is a giver there can be no taker. That’s why, in order to eliminate this social evil, both giver and taker are liable under Section 3 of the Dowry Prohibition Act. 

FighTToTheT (Others)     01 December 2014

Thanks for your response.

Note that her previous divorce happened 8+ years back. Her divorce case papers indicate that they had paid dowry.

I got married to her 2 years back. Can I still file a criminal complaint against her and her family citing her previous divorce case where they paid dowry and no action was taken against them by law ?

 

Thanks in advance.

jack (nothing)     02 December 2014

Sir, u can file but mostly it won't work out. Because under section 7(3) they have relife. So it won't work out. Here is the judgment for your reference https://lobis.nic.in/dh/ABH/judgement/21-10-2010/ABH20102010CRLW5012010.pdf

T. Kalaiselvan, Advocate (Advocate)     03 December 2014

It is better you restrict yourself and confine to your own case.  You may say that you have proofs of she having given dowry to her previous husband, but what is your concern about it now, when the matter was discussed by court at length during that time, the outcome of which is not known to you, better confine to your own case than to get caught in your own cobweb. You can challenge her present case against you on the basis of her past dubious performances.


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