Legal Question in Criminal Law in India

In a matter of alliance and subsequent marriage can bridle side initiate 498 and DV act when the father of girl was insisting for taking the costly items saying that this is the question of his reputation and father of a boy

Always requesting not to give any thing

Even the boys side were requesting for a simple marriage in a gurdwara or temple. To establish the truth side of a boy what kind of a proof is sustainable

In the court of law and even the same thing was in knowledge of a mediator.

What are the preventive measure/s to avoid the arrest in case party approaches

Womencell.

Thanks & Regards.

PKUMAR


Asked on 5/08/11, 9:44 pm

5 Answers from Attorneys

Vishwa Arya Arya & Co.

I doubt if you have any written document of boy side suggesting simple marriage and not wanting any thing. Normally out of sensitivity of the relationship no one put such things in writing. It will certainly depend upon the testimony of the mediator how he makes his statement. sometimes mediator do not get involved. But if mediator makes the true statment about your not demanding anything then that would be helpful. If the matter is just at women cell, then by default the matter should go to mediation cell. Try and see if matter could settle amicably. Or else, if FIR has been registered then first get the anticipatory bail on the ground that there were no demands of dowry along with an affidavit of the mediator.

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Answered on 5/08/11, 9:52 pm
Shrichand Nahar S.V.Nahar, Advocate

Evidence can be adduced by way of oral evidence or documentary evidence as the case may be.

Other suggestions of Adv. Arya can be explored.

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Answered on 5/08/11, 10:13 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you have already been advised Mr. Kumar.

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Answered on 5/08/11, 11:39 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

gifts doesnot mean dowry

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Answered on 5/09/11, 1:39 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

u can take defence that giving dowry is also an offence

or u can further record conversation which can help you to prove neither u demanded in past nor in present.or further if they say any thind say in the women cell that they can take whatever they gave .as i never wanted that.

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Answered on 5/09/11, 2:15 am


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