False list of dowry items given by wife at CAW
satyam
(Querist) 15 January 2010
This query is : Resolved
Wife left to her parent’s house in my absence without intimation after showing rude behavior to my parents for 5 months and not returned back so far. She conditioned for rented house. Both govt. servants, but she draws more than me resulting her being in ego, dominating/rude nature with high BP and follows her mother& sisters. To press, she threatened of police/court by SMS & telephonically a no. of times. I wrote this episode to Police Stn. & for action. On police query, she went to women Cell & charged falsely me & my family members of being tortured mentally but could not prove anything there. Further she placed conditions for rented house or to shift my elder brother & his family to another house for dominating all in her style in the house. I denied & gave my decision in writing for residing with her only at my independent floor of my parents’ property and going out by my elder brother & his family. She has now handed over a list of items given during marriage through CAW containing false items of jewellery & other items which she did not bring with her or shown ten times of value in writing. On the list, CAW has asked for explanation from me on the list of the items in the next meeting soon.
My queries now !
1. Since my wife is a Govt Servant appointed last year & her father is also a middle level Govt. officer & other family members in private sector drawing low salaries , can they put these false type of list of high value (ten times) to get financial benefits from me or blackmail me like above as I can prove the items given or value shown are false by ways of Video films/photo/relatives attended functions/bills of items may be asked for from them, etc.:
2. What legal steps should I proceed now with other legal/administrative authority to set her & her family members being govt employee to avoid charging me falsely under women Act alongwith replying to CAW on the list of items
3. What legal action should I opt to make my state sound against the false actions may be initiated by her against me and my family members any time.
4. What type of life, I can expect from this type of girl, in case she returns back in my house
Raj Kumar Makkad
(Expert) 15 January 2010
1. If you can prove safely then they cannot allege falsely and even if they allege, you bring all evidence before police authorities as well as before court.
2. You should obtain their Income tax returns since last year of your marriage so that they may not divert the source of their income which you anticipate they may file case giving dowry of high items.
3. You should file a petition seeking restitution of conjugal rights.
4. no comments.
Hardik Mehta
(Expert) 17 January 2010
Satyam,
1. Since CAW has asked the explaination from the list, it does not mean that you should draw to conclusion. Many times CAW cell also knows that this is the false and exgerrated lists. Just put your list containing her articles that are present in your house. You inform them that you dont know about other articles from the list as she did not bring alongwith her in my home. Do not comment anything more. It will be then the duty of the wife to show that she came along with the articles. Do not disclose your proofs at this time. This may be requried when the matter goes to the court.
2,3: Do not take any legal steps now, let her take the steps first and then you have to defend. Let her exhaust all the resources and ammunations (DV, 498a etc) and then you can attack her with all your strength. This is not the right time to attack. Give her the blow such that she will then not get up again. Wait for that time.
4. You can only expect torture from her in future. These type of the girls have Pampered Daughter Syndrome and is the result of bad parenting.
Guest
(Expert) 19 January 2010
For more information and help visit www.airyourlegalqueries.com
satyam
(Querist) 06 February 2010
Thanks, Good Advice by all especially Sh. H Mehta.
Now further development is that I have submitted a reply of list of items actually came in my home to the Cell, with acceptance to hand over of the same to wife. On it, CAW has asked me to bring Stridhan Items as accepted by me in my reply giving a due date, stating that unadmitted items will be proceeded thr' Court by my wife. : My queries now are as follows :
1. Can they bound me to bring all items to CAW Cell, as there is a fear of breakage then I will be asked to compensate on the damage. Girl’s house is at distance of 2 kms and Cell’s distance is 15 kms.
1 Definittion of Stridhan items, please state
2. Are the items purchased from our salary sources after marriage, are also liable to return to my wife ? Are they come in stridhan ?. Though, I agreed in my reply to return these items to my wife.
3. Since actual items stand approx. 2 lakh, but she has given me a list of items valued Approx. 17 lackh mentioning a round figures against each items, especially jewellery, Can I make an FIR aginst her & her family members for conspiring to extort money/items by handing over an inflated list mentioning a false value of every items in the circumstances when girl & her father being Central Govt employees like me ? Please state then procedure, Sections of law & likely achievements for me by this.
4. Wife has asked for items, but not mentions about further action on divorce yes Or not . I want a mutual divorce. In starting they charged me & my family members of harassment at Cell & may be given in writing, complaint were not allowed me to see by the Cell. Please. What type of course of actions further by the Cell & my wife after submission the actual stridhan items to her may be ?
