You can request your wife to give in writing by email or message that no demands for dowry were made before or at time or after marriage
Complaint withdrawal from mahila thana
Dear lawyers, During a domestic argument, I asked my wife to leave the house in anger, and she filed a dowry harassment case against me and my family at the Gurgaon Mahila police station. She also filed a separate application for maintenance with the court. However, in the past few weeks, we have decided to reconcile and bring her home. Neither of us wants a divorce. Her complaint was closed by the Mahila Thana officer. It worries me, however, whether this will remain on record and whether I should request an additional document stating that no dowry was demanded from them. Even though we hope it never gets to this point, I want to make sure if it does then this police complaint won't be used against me and my family. Is there anything we can do to erase or nullify her dowry complaint? Thank you for the advice
Asked 4 years ago in Family Law
Religion: Hindu
10 Answers
Dear Adv. Sethi, Thank you for your prompt response. Could we ask her to submit a letter to the mahila police station suggesting that we never asked for dowry, while at the same time protecting her from being liable for filing a malicious complaint? My wife is ready to give a letter at the police station, but is concerned if it is taken against her.
Asked 4 years ago
She can submit letter to police station that she filed complaint against you in fit of anger that no demands for dowry were made by you
Most probably, your case was closed. of if it is not closed then you will get summons from the court then approach the court with your wife and reveal that the matter was settled amicably before the Mahila Thana officer.
Yes you can ask her to submit that can apply for the copy of the said letter for your record. That will help you.
- If the said compliant of wife has been withdrawn by her , then no need of worry , as only the compliant in Mahila thana will not harm to you , as even this cannot be produced before the court.
- However, if she not withdrawn the complaint , then the official of that cell may convert this compliant into an FIR
- Hence, she can give a written statement before that Thana to withdraw the complaint on the ground of settlement , and which is enough for you.
- Further, even she will give statement before that cell regarding the dowry not taken by you , then also she can narrate the same in a complaint before the court if she files , as mahila thana statement having no much value in the eye of law.
Any such declaration that no dowry was demanded by husband will go against husband as question will arise why the need for such declaration if no dowry is demanded. Such document cannot be used in Court. complaint filed by will be there on record, it cannot be obliterated. The best option is not to rake up the matter and adjust with each other. You cannot give declaration to your friend that he has not stole anything from your, it will create doubt that he has committed theft hence the necessity of declaration.
she can submit a letter stating that she unconditionally withdraws her complaint and does not wish to pursue it
she can also state that the tiff with you was a genuine misunderstanding and miscommunication and she withdraws all the allegations leveled against you and your family in her complaint
Since you both have entered into a compromise and on that basis the police have withdrawn the complaint, you may make sure that the police reports a closure report.
This closure report filed by the police before the concerned court would be sufficient for you to go ahead with so called nullification of her complaint
If she is ready to give a letter to this effect, there is nothing wrong in it, however it may not be necessary.
The police would have file the closure report stating that the complaint is false and the parties compromised with each other hence the same may be closed.
Dear Client,
A letter from the complainant will do the needful and will also protect you from any such allegations in the future.
Thank you
