Nikunj Trivedi (MANAGER) 30 June 2013

3 / 4 dv act

Hi,

I want to know whether I can file complaint case OR FIR against my In-Laws and wife who have filed case against me and other members of my family in false case u/s 498A, 406 and 3/4 DV Act. In her statement u/s 161, my wife have said that her father had given Rs.2.50 Lac cash, 10 tola gold, 1 kg Silver and other items at the time of marriage. Interestingly, in her complaint as well as in re-statement, she has told that there was no demand of dowry at the time of marriage.

As per DV Act 1961, taking or giving dowry is punishable. Though, we have not taken any dowry, what is the possibility of a case to be filed against my wife and her parents u/s 3/4 DV Act on the basis of her statement given u/s 161.

Anyone, pl revert with solid suggestion immediately.

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4 Replies

2BHelpfull (Other) 01 July 2013

anything given ,even after the marriage , towards the demand by husband or by there family is included in definition of dowry.

161. Examination of witnesses by police.
(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

Singham Sharma (Advocate) 01 July 2013

Dear Nikunj,

Yes you can file a petition for "Giving as an Offence" under Dowry Prohibition 1961 Section 3. Though Dowry Giving is less understood by the Magistrates and Advocates. But we have some citations available online to support this issue. The first combat will be 7(3) for which constitutional remedies wil be of help.

Statement u/s 161 are not treated with confidence but still can initiate fire if supported by affidavit of DV or 125 CRPC.

Good Luck

Nikunj Trivedi (MANAGER) 01 July 2013

Thanks for replies. I want the citations/judgements which is related to this. As aptly mentioned, magistrates do not understand about this. That is why I need decisions of SC to support my case wrt Second 3 of DP Act. This will compel the court to pass any order which will be beneficial in due course. Pl suggest ASAP.