Streedhan is everything what you give or given by her father including her jewellery etc. If you have not taken and don't have anything is your possession then you can reply the same to the caw cell in writing
Protection from implicating in 498a and DV
My wife filed complaint in caw cell,she has given estree dhan list which has mentioning of cash,clothes,other stuff which is fake,and electronic itmes mentioned are true. I have audio recording of her brother in which it was clearly said that we don't want anything,she has also threatened me by SMS in implicating false case(have screenshot),I have registered complaint against her in PS(as the items are in her possession,it was mentioned in the complaint).in December she tried to stab me by knife(from very starting her behaviour is violent, aggressive,abusive)So FiR registered against her u/s324 and to make the cross case she bribed and FIR registered against us u/s 354/423 My question is: 1)how to give reply to estree dhan list incorporating the evidence that we have never demanded such things it was for her use only,even I was not allowed to wash my clothes in her machine 2)how to protect from implicating in 498a and DV
Asked 7 years ago in Family Law
Religion: Hindu
14 Answers
Dear Client,
Mere giving a list has no consequences. She have to submit bills of articles to prove her claim.
Keep procuring evidence of her threat of filing false cases and implicating you in false dowry case. Best pre emptive protection and defense.
1)prepare transcript of audio recordings
2) also sms wherein she has stated that she would file false cases against you
3) in case false 498A case is filed apply for and obtain AB from sessions court
Dear Sir,
You can immediately file counter cases like Divorce, if you are willing to take divorce on the ground of cruelty which evidenced by registration criminal case against her. You may take all other cases to High Court and see that the said proceedings are stopped for the present and quashed later on. It is better to file one more civil case against her restraining her from filing any other false case against you.
1. Deny having in your possession any of the items that she mentioning in the stridhan list.
2. There is no routine an automatic arrest in 498a case anymore. At best, the Police will attempt to secure your presence to initiate counselling session in between you and your wife in their effort to get the dispute resolved amicably.
1. See you can present yourself before police station can record your statement stating streedhan was her gift in her possession and further the list is false she didn't bring all these items only electronics and other items were given.
2.See in case she files false case you can go for quashing of FIR and further at this time.you try that the complaint is closed in police station only
1. Stridhan is a traditional practice that was primarily meant to provide women with some level of economic security in adverse situations like divorce, widowhood, etc.Among Hindus, it is interpreted in various ways; in general, stridhan is defined as that portion of a woman’s wealth over which she alone has the power to sell, gift, mortgage, lease or exchange — whole or in parts. Items given to the bride as strdihan cannot be termed as dowry under any circumstances. Also giving a list of the items given as sreedharan alone cannot prove that the said items were given until and unless they can provide documentary evidence in the form of invoices as well as evidence to prove that the said goods have been confisticated by you.
2. You should provide all the evidences in your favour to prove that the allegations put forth by your wife are false and concocted to the police. the said recordings as well as SMS should also be induced in your reply to the allegations put forth by your wife to the CAW Cell.
if any FIR has been lodged against you, in that case you will have to apply for anticipatory bail under provisions of section 438 of CrPC in sessions or High Court in order to avoid arrest.
You should also try to pro-cure irrefutable documentary evidence which can be used to refute the allegations made by your wife against you and your family.
Regards.
1. Straight away no will create trouble so deny the things which do not have receipt or in your opinion may not have by saying neither they give it nor you ever demanded(सारी की सारी लिस्ट को डिफेक्टिव बनाना है ).
२.Obtain anticipatory bail immediately.
1) recordings are admissible in a court of law as per our Indian Evidence Act and the IT Act.
2)You have to contest any false list that may be filed by your wife
3) no need to worry in false streedhan list, contest the case on merits.
1. Ask them to file receipts for such items being claimed y them.
2. file a NC in the police station that you are being threatened. There is no law by means of which she can be stopped from filing the FIR.
Regards
Come to my office for proper guidance.
[deleted] (nine eight two zero eight nine seven eight eight four)
The stree dhan has to be proved by her. She cannot say that she gave you the money and jewellery when she does not have any receipts of the same. DV act and 498a cases Hve to be proved and police do not arrest in these cases. Obtain an order from the Delhi hc for a free and fair investigation in the matter.
Regards
1. The audio recording of her brother is not binding on her as her brother is not the complainant.
2. At present there is no occasion for you to give a reply to the streedhan list. No reply is to be filed to the complaint or FIR. If and when FIR is lodged then apply for anticipatory bail.
1. If the streedhan properties are held by you, better return them to her in the presence of police or any witness by making a list of the items and she may asked to acknowledge the receipt.
This is how you can avoid further problems in this.
2. If her intention is to lodge complaint under section 498a, she would have made it by now, however you cannot prevent her from going ahead but you can obtain anticipatory bail and challenge her false case in the court of law.
