• Dowry case

Hello Sir,

Already i asked few question about Applied for Divorce and need to take child custody, today my doubt is whether my wife can file complaint against me and my family has false dowry complaint.

Thanks
Manjunathan
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
your wife can always file complaint under dowry Prohibition Act if you have demanded dowry before during or after marriage
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
She can certainly file the complaint at any time if she has been harassed for dowry. You should take anticipatory bail if a complaint has been filed.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
Yes there is a possibility pls verify the jurisdictional police station or court is there any FIR has been lodged in your name.......... if so better to get anticipatory bail.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
she can file case of not only dowery but also, maintenance,& domestic voilence case as to harrass u  .
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
she can definitely file complaints of several nature including one under domestic violence, maintenance, dowry, etc., against you.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Dear Querist
its totely depend on her
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Your wife has every right to file a case against you. It cannot be said at the time of filling the case that its a false complaint. She is entitled to file a case not only under Indian Penal Code, But also under Domestice Violence Act as well. If you are apprehending that she has filed a false case against you, approach the Court for Anticipatory Bail.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Domestic Violence implies the violence within the four corners of the house. Police does not give you any time to take anticipatory bail as the grant of anticipatory bail by the court is perceived to be a defeat for the investigating officer. So take anticipatory bail as soon as the FIR is lodged. Evidence will be looked into by the court at a later stage.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
Section 3 of the DV Act deals with “domestic violence” and reads as
under:
“3. Definition of domestic violence.- For the purposes of this Act,
any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or
well-being, whether mental or physical, of the aggrieved person
or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with
a view to coerce her or any other person related to her to meet
any unlawful demand for any dowry or other property or valuable
security; or
(c) has the effect of threatening the aggrieved person or any
person related to her by any conduct mentioned in clause (a) or
clause (b); or
(d) otherwise injures or causes harm, whether physical or mental,
to the aggrieved person.

DV  Act is essentially a civil law, but the legislation has prescribed that courts have to proceed in such cases as per the Criminal Procedure Code (CrPC) for the purpose of effective actions.his law is meant to protect women's civil rights  DV Act is not meant to punish those against whom women file complaint. The only exception in this is the violation of court orders under section 31 of the law - about protection of complainant and sharing of accommodation or other directions.


s far as 498A is concerned in case of complaint of dowry harassment if FIR is lodged you have to obtain anticipatory bail . the evidence will be considered at trial
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
your wife will have to prove dowry was demanded before or during or after marriage . the  testimony of witness who were present when demands were made would be significant . it is necessary to go through allegations made in complaint to advise . if case is dismissed you are at liberty to take such legal proceedings as may be necessary . you can file defamation case against your in laws . if false evidence is given by wife you can file case of perjury against them
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
the jewels are your wife streedhan . it is her property . similarly jewels given by your parents at time of marriage is also her property . you cannot claim those ornaments . your wife will claim RS 2.50 lakhs given to you as dowry . also Rs 40,000 cash  given to you .
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
you have no claims on your wife streedhan . if she comes to your place she need not bring the streedhan back . she can keep it in her name in bank locker . 

anyhow contest case  if any  filed by your wife for dowry harassment on merits
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Let the case be filed and then your defence strategy can be chalked out by your lawyer. Such strategies are to be chalked out by your appointed lawyer after perusing the record. You will get sufficient opportunity to contest her case.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
If your wife gives false evidence then she can be hauled up for perjury and sent to jail.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
You cannot legally claim from her the jewellery she brought from her parental house as it constitutes her streedhan. Streedhan belongs exclusively to the wife.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
She may not bring the streedhan back if she returns to her matrimonial house. Wait till she files the FIR against you, and then contest her case fittingly in the court.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0

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