• False list of ornaments

Dear Sir,

I and my wife are separated since 2 years. Case have been filed and is continuing. Both DV and 125. 

My wife has filed a false list of 'gold ornaments' (stridhan) and also as it was our second marriage, there was no charm in the marriage and so her father only gave her some ornaments which she wore everytime and when separating or leaving my house she wore it on her body and left. Honestly there was no other ornaments. But when the case got filed her father attached a huge list of ornaments showing heavy gold ornaments. Our marriage happened in 2011 and her father attached bills of year 2004 means of her previous marriage period. That also not all bills. But again the issue is whatever bills or lists are there; its a false list and nothing such was given to us. 

My wife came only with few ornaments on her body just like a normal married woman wear and when leaving my house she took it back wearing on her body. 

1)
Now her father and she has prepared a long false list on a plain paper and now threatening me in court that they will seek a search warrant thru police and send to my house. I dont know how falsely to what extent he can harrass me? These r false and how he can prove the list? What kind of search warrant he is threatening us? 
And for protecting myself how to counter fight?
Are there no laws to check false allegationsby wife side or all our courts are on women's side?

2)
Also once they filed 498a but police station didnt register their complaint. That was a year back. Can they file false 498a again? How?
Asked 7 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

4 Answers

1) wife had earlier filed false 498A case which was not regsitered . whether in said complaint false list of ornaments mentioned ?

2) you should rely upon marriage photographs / vide recording of marriage to prove that list mentioned is fase and no such ornaments were brought by wife when she came to her matrimonial home

3) if wife has filed false complaint then you should file case of criminal defamation against wife / her father under section 500 of IPC

4) burden of proof is upon wife to prove allegations made by her in DV case

5) wife can file fresh 498A case if within last one year there have been incidents of dowry harassment / continuous acts of cruelty

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

You should never bow down to pressure tactics

2) since no ornaments are lying with you even if search warrant is issued you have nothing to fear

3) if complaint is filed police are bound to carry out investigations

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

Her father can make any list of ornaments, but he has to prove before court that she brought all those ornaments with her to the matrimonial home and where and to whom had she handed over them.

His threats hat he will ask police to raid the house is practically and legally not possible, even if the court passes any such order, you dont object to it, let them search the house and leave with disappointment.

2. If the police did not register FIR, they canot lodge the same complaint again after a year, but they can approach the magistrate court directly with an application under section 156 (3) seeking court's direction to concerned police to initite action on the pending complaint

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

This is i think just to pressurise us to settle by giving huge amount to them outside court. But how can on false list they can get search warrant of my residence issued?

They cannot get a search warrant so easily.

The court will analyse all the facts and only if convinced about it, the court may allow them to enter into the house with the help of police to take their property if available in the house.

But such orders are very rare, so let him go ahead with his proposed action which you can challenge it properly.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer