Legal Question in Criminal Law in India

cases that can be filed against the witnesses in 498a

My wife has been staying away from me for the last 2.5 yrs,i have written many letters asking her to come back but of no avail,in reply to the lettres she had filed DVC and MC cases against me and after 6 months had withdrwan unconditionally stating she wants to rejoin with me.Now last month she had filed 498 a against my parents and self and we were arrested and inside jail for 10 days all false allegations.

What kind of counter cases can be filed against the witnesses,wife and in-laws and also how can the Income tax department be notified about the Dowry allegations against the in-laws


Asked on 6/17/09, 8:22 am

5 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: cases that can be filed against the witnesses in 498a

You need to have all the documents, statements and other material in respect of various matters assessed from your lawyer to find out what recourses are available.

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Answered on 6/18/09, 4:54 am
Pranav Desai PD Legal & Associates

Re: cases that can be filed against the witnesses in 498a

You may have to analyse the documents in various cases to find out whether it is possible to file a case. Further, we suggest you not multiply litigation.

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Answered on 6/18/09, 5:52 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: cases that can be filed against the witnesses in 498a

you shold file a complaint to the income tax commissioner along with copy of complaint file against you stating huge amonts and documents they have produced against your . you can also file a complaint against them u.s 3 DPA .

recently a delhi magistrate has summoned girls parents for giving dowery"

"

In perhaps the first such ruling ever, a trial court in the capital has asked police to register an FIR against a bride and five members of her family for giving dowry.

There was trouble between Sunil and Latika (names changed) just a year after they got married in 2004. Latika left her husband�s house on August 4, 2005 and filed a dowry harassment case with the antidowry cell against Sunil and his family.

She claimed that her family had spent more than Rs 10 lakh on the wedding, gave Rs 2 lakh in cash for a car and another Rs 1.15 lakh as dowry. A case was registered against Sunil and his family under Section 498(A), 406 and 34 of the IPC.

But Sunil also went to court, seeking to register an FIR against Latika and her family for fulfilling his dowry demands. In his petition filed in August 2008, Sunil asked that an FIR be registered under Section 3 of the Dowry Prohibition Act, which punishes giving dowry with up to five years in prison and a fine of at least Rs 15,000 or the value of the dowry, whichever is more.

Metropolitan Magistrate Neeraj Gaur observed that giving dowry was a cognisable offence and directed the station house officer (SHO) of Model Town police station to register an FIR. The court also asked the SHO to start investigating the case against Latika and her family.

Source :- The Times of India 7 June 2009 P 1 Delhi

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Answered on 6/18/09, 11:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cases that can be filed against the witnesses in 498a

It may not be in your interest to multiply litigation and involve the authorities. This may lead to a war of attrition with no positive results.

You may better consider an amicable out of court settlement and then forget the whole episode as a bad dream. You may consider swallowing your pride/ ego and emphasis on settlement, even if it is at her / their terms.

The litigation may be prolonged, time consuming and may be costly; with uncertain and at times fruitless results.

This is a socio-family problem and can be better handled with the intervention of friends and relatives or by mediation / concilliation.

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Answered on 6/17/09, 11:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cases that can be filed against the witnesses in 498a

It may not be in your interest to multiply litigation and involve the authorities. This may lead to a war of attrition with no positive results.

You may better consider an amicable out of court settlement and then forget the whole episode as a bad dream. You may consider swallowing your pride/ ego and emphasis on settlement, even if it is at her / their terms.

The litigation may be prolonged, time consuming and may be costly; with uncertain and at times fruitless results.

This is a socio-family problem and can be better handled with the intervention of friends and relatives or by mediation / concilliation.

Read more
Answered on 6/17/09, 11:21 am


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