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AS (Head - CFR)     22 February 2014

False dv/ dowry - right sequence of action

Dear legal friends - the usual DV has been filed. Interim application moved for restraining my entry into house which the judge disposed. Mediation on, expect it to fail and 498A/ 406 soon. 3 pertinant question please:

1. If wife has stolen/ removed some of my jewelry items - gold chain, coin etc, can I do FIR of theft (its been 4 months). What should be timing - now or after getting rid of false DV case?

2. What are the other possible cases or best - seems like wife's family will not understand reality till they get legal cases against them (I don't want to do any cases but will have no choice soon)

3. Come from a Rajput family where men also wear Jewelry often, especially weddings. Is family heirloom part of streedhan. have some proof of me wearing some of the jewellery?

thanks

AS



Learning

 5 Replies

dv (ghvhb)     23 February 2014

Men's jewelry is called vardakshina

nikhil singh (Advocate)     23 February 2014

See there is very narrow escape for the boy and for his family in matrimonial disputes. You have or you may only file Divorce Petition. Only thing you can do is to file an FIR aganist your wife that she has stolen your property. In case police ask you for delay in filling complaint or you should mentioned in your complaint that delay in filling the FIR was due to out of mediation going on between you and your family. Delay in FIR is not so big issue. But if you want your matriomonial dispute to be settled on your terms then yyou should file FIR agniast your FIR and pursue that carefully. Further assitance you may ask me on these nos.7838078186 and 9352444446

AS (Head - CFR)     24 February 2014

thank you nikhil and dv for the replies. Shall get in touch as things proceed. Of course the mature thing in these matters is to settle out of court, as long as the matter is least damaging to either party. DV - is vardakshina a legally accepted term?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 February 2014

Dear Querist you can file a complaint against her before police or court under section 380 of IPC feel free to call

dv (ghvhb)     03 March 2014

Ya vardakshina is legal as far as my knowledge goes.I am not a lawyer

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