Wife asking divorce after winning 498 and dp act 3/4

Originally posted by : Ajay Sharma
	Hi respected sir/madam My wife has filed 498a and dp act3/4 after 4 years the judgement came and she won the case but myself and parents were found guilty for dpact3/4 not for 498a. And we have appeal in the seasion court. Now she has filed for divorce and I would like to know as she is asking for divorce, shall i give her the divorce or not as she herself asking for the divorce my friends are suggesting me to give the divorce. Please suggest Only thing is it should not effect by dp-act3/4 case.

If your appeal gets failed, you and co-accused go jail.  Your marriage is already over, why dont you want to give divorce to her?  What point in prolonging matter?

Don't give divorce until and unless the case DV Act is over. Ask her to withdraw the case first prior to asking for the divorce.

Else, i see no reason to make her free. You will still need to fight against the suit even after the divorce.

Thx for all ur suggestions.. I would also like to ask one more thing, we lost the DP act case beacuse of insuffcient evidence now we have few more evidence to prove them wrong but lawyer is saying, we can only appeal but we cant put new fact and evidence. Is that really true..? I' really dont know then what is the use of appealing.

Were 498a and DP cases filed separately or together? If they were filed together, 498a acquittal should automatically result in DP acquittal as well. How long were you married?

Hi sir It has been almost 5 years of our marriage. Yes the fact/evidence not produced in the court becaz of our lawyer misguidence and now we have hired new lawyer. As per his (previous lawyer) suggestion only we have not produce marriage expenses bill but our new lawyer suggested u must produce these recipet and bank statement during the trial. And its not like we have not asked this to our precious lawyer but he said that its not required as the amount is very small and that to marriage held at boys place,so not required. Regarding second question yes both the case filed at the same time but at the time of judgement we found guilty only under dp act,as money is trf through my father act to her father (FIL)account. But for 498a it was evidently writen that not found guilty.

Hi sir It has been almost 5 years of our marriage. Yes the fact/evidence not produced in the court becaz of our lawyer misguidence and now we have hired new lawyer. As per his (previous lawyer) suggestion only we have not produce marriage expenses bill but our new lawyer suggested u must produce these recipet and bank statement during the trial. And its not like we have not asked this to our precious lawyer but he said that its not required as the amount is very small and that to marriage held at boys place,so not required. Regarding second question yes both the case filed at the same time but at the time of judgement we found guilty only under dp act,as money is trf through my father act to her father (FIL)account. But for 498a it was evidently writen that not found guilty.

You cannot brought the said evidence on record "as a matter of right", however, the court may grant you the permission to give additional evidence at the time of appeal.
 

You have to argue two points to allow new evidence or facts: (a) the evidences/facts clearly prove your innocence. i.e., they are exculpatory. (b) you couldn't produce them due to ineffective lawyer. Very important to throw the full blame on the lawyer. I'm also surprised that even though you got acquitted on 498a, you still got convicted under DP Act. Perhaps they were filed as separate cases and had separate trials. Because if DP Act case is combined with 498a, they dont convict for DP if acquitted for 498a.

 

 

Originally posted by : Ajay Sharma
	Hi respected sir/madam My wife has filed 498a and dp act3/4 after 4 years the judgement came and she won the case but myself and parents were found guilty for dpact3/4

 

One more thing giving dowry is also crime. You need to work hard for yourself.

 

Dowry probition act 3 : Penalty for giving or taking dowry.-

(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:   Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.  

 

 

Originally posted by : Ajay Sharma
	Hi respected sir/madam My wife has filed 498a and dp act3/4 after 4 years the judgement came and she won the case but myself and parents were found guilty for dpact3/4 not for 498a.

 

One more thing giving dowry is also crime. You need to work hard for yourself.

 

Dowry probition act 3 : Penalty for giving or taking dowry.-

(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:   Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.  

Acquittal from 498a means accused have not done any cruelty for dowry, and convicting the accused u/s 3 and 4 of DP act means that he has taken dowry, so it can be said that parents of bride gave dowry with their own wish and not because of pressure of accused. So either both ( i..e. accused and parents of bride) should be convicted or no one should be convicted and the amount transfered in the account of accused should be considered as either gift or stridhan.

Not true. Dowry giver never gets convicted in practice. According to DP act, if bridegroom takes any monetary or other gifts, it is dowry. If they later accuse that he has demanded at the time of marriage, he will have to face conviction.

Originally posted by : Sarma
	Not true. Dowry giver never gets convicted in practice. According to DP act, if bridegroom takes any monetary or other gifts, it is dowry. If they later accuse that he has demanded at the time of marriage, he will have to face conviction.

 

 Above advise is highly wrong.

1.Dowry giver never gets convicted in practice: One has to fight for himself, you cannot say it has never happen so it cannot happen. There are not many cases but there are some cases because for an unusual judgement one have to make extra effort.Moreover when a case of DP act booked against women she herself came for mutual settlement. 

2.According to DP act, if bridegroom takes any monetary or other gifts, it is dowry. There is diffrence between gift and dowry. 

 

Delhi Session Court:

In a rare judgment,probably the first for the Karkardooma courts,a sessions judge has ordered the prosecution of a man,who allegedly gave dowry to his daughters in-laws at the time of her marriage over two years ago.

 

Pune :

 

The family of the woman, also a software techie, had lodged a complaint of dowry torture against the man and his family. The couple got married in 2008 and a case of dowry-related torture was filed by the woman's family in 2009. In response to this, the husband's family too filed a case related to dowry.

Both taking and giving dowry are punishable under law.

The court of judicial magistrate (first class) recently gave order to the police for framing charges against the wife, her parents and three of their relatives.