The Delhi High Court has quashed an FIR against a woman on a complaint by her husband under the Dowry Prohibition Act 1961 for giving dowry. It said the woman cannot be booked on the basis of the charges she has levelled against her husband and his family members of harassing her parents for dowry.

2)HC held 

No doubt, as per Section 3 of the Dowry Prohibition Act, giving or abetting to give dowry is a punishable offence, but the petitioner (woman) does have protection of Section 7(3) of the Act. Section 7(3) provides that notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence under the Act shall not subject her to prosecution under this Act.”

Quashing the FIR, Justice Bharihoke said the parents of the woman had no option but to accept the demand of dowry to protect their dignity in society as the parents of the boy had threatened to cancel the marriage.

You can put complain but it will also automatically prove that you have taken it

1. Yes, if there is admission of giving of dowry, the same being the crime , you can lodge complaint u/s 3 & 4 of D.P.Act.

2. On the basis of her admission you can initiate such case though the courts are loathsome to take cognizance of such cases.

Dear querist,

Your police complaint stating that she has admitted that she had given dowry is itself your admission that you receive it. Both are offences! It will be hitting a equitable doctrine " you can not approbate and reprobate at the same time". So, accordingly you will be getting yourself into trouble. Better option is to see the list and deny as to the receipt of dowry. There are many ways by which the term dowry can be challenged as to what you received was not in line of dowry.

You can contact me for consultation.

Regards,

Yuganshu sharma

Advocate 

Delhi high court

She will say dowry was given under force and on your demand otherwise you will not marry her.

This way at least it will be prove that you have admitted the acceptance of dowry.

How can you be contradictory to yourself , at one side filing complain of dowry given and on the another side refusing to accept any dowry. Than where she committed crime when dowry not transferred ? 

See as per provision of the Act since your wife is aggrived and her statement cannot be used to file counter case on her.

You have to contest each and every allegation that is made on you this is worthless to  File FIR   under dowry prohibition act section 3 and 4 section is being used by the ladies who is is giving the diary for the marriage

You shouldn't file that as that is not in your favour. Instead file a domestic violence case against her through your mother.

Also state that she has already taken the jewellery.

you will have to contest immediately through your lawyer. 

Actually they do not constitute dowry as per law, they are generally known as stridhan hence you may not be successful in your attempt, if at all you have her items, why dont you return them to protect your interests.

1. As per the information mentioned in the present query, makes it clear that they are trying to implicate you in the false cases, but at the same time trying to act in a way that nothing should happened to them.
2. Yes, she has already filed 498a against you which will be decided by the court of law as to whether you have have taken dowry or not.
3. Just by giving a list is not sufficient to show that they have given what to you, they may have the proofs of the same of giving to you also.
4. And yes, giving dowry is also a crime you should lodge a criminal complaint against them as soon as possible.

As suggested your mother can file  DV case against your wife seeking protection or any other relevant reliefs by making averments about her attitude and abuses.

If she has filed a dowry demand case and in return if you file a case against her for giving dowry, then it would be an admission from your side for taking dowry from her, hence better not to venture into any such risks.

You can file the same as there is no limitation for filing complaint under DV Act

See after 2 year of separation no case will be maintainable on these facts further you cannot file same on behalf of your mother.

Your mother can file DV case against your wife as it is continuing offence 

2) you can file case of defamation against your wife under section  500 of IPC for having maligned your reputation 

A female member of your family who had shared a household with your wife can file a domestic violence case against her. Therefore your mother can file a case.

Yes the mother in law can file domestic violence case against the Daughter in law according to Domestic violence act 2005.In this act give the opportunity to every women to file case against any person of the sharehousehold. And as per the provision of this act the aggrieved person must be a lady. Living together Or separate not essential to file case under domestic violence act

1. Yes your mother can file case against your wife under Domestic violence act but it will not be much beneficial if you doesn't have evidence to prove the case. 

2. No you cannot file any case against your wife other than divorce case. 

1. Mere use of nomenclature of dowry/dahej does not incriminate her.

2. Section 3 is a double edged sword for husband and his family members.

3. Your mother can maintain the DV case against her daughter-in-law for sure, but if your wife is not residing in your house then there is practically no relief which court can countenance in favour of your mother against her daughter-in-law.

It will not be wise to file the case now as the same will not reach any result due to the time constraint in between. 

Regards