(Querist) 24 August 2017
This query is : Resolved
Respected Sir. First of all I thank to the owner of this website how create such platform in order to save victims and to get lawfully advises from day to day challenging experts. well, now myself and four others of my family members has been pronounced by court as accused (P1 and A1,A2,A3,A4&A5). Reason, In Sep 2014 I have did marriage as per religious personal law with interstate girl. During the month of Jan 2015 we got confirmation that she is pregnant, from the date of confirmation she started to threat me by instructing to leave my parents and take my share from family, settle down in her home town, if I fail to do such she and family ready to abort fetus. In such event by month of Feb 2015 we travel to her home town to attend one of her cousin marriage and on next day she and parents requested me to leave her daughter for few days, me too agree. From 1st of Mar 2015 I was keep on calling her but she didn't response properly, we didn't communicate for months. By end of April 2015 I have send an legal notice but before reaching my legal notice to her residency, my self and family received a arrest warrant. She filed two petition seeking for month maintenance for sum of rupees 1 lakhs and dowry act under section 498a by seeking huge compensation and unfaithful complaints police registered an FIR against us. Unfortunately, on 10/SEP/2015 the petitioner (Wife) and unborn kid passed away during labour pain and few weeks later I came to know that Monthly maintenance case has been disposed, but dowry case was live and we are appering for summons, now just last week DOWRY case was charged and next month further hearings. MY QUIRES TO EXPERTS 1. What is my next step for such suitation. 2. Does these case exist without the petitioner cross examination / witness and 3. Steps to close this case. Thanks for time and awaiting for your potential advise.
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(Expert) 24 August 2017
Despite your wife passing away dowry case will go on. If the court after due inquiry satisfies itself that dowry allegations of your late wife are proved you'd be sentenced to fine and jail term. If not you'd be let off.with a clean chit.
Rajendra K Goyal
(Expert) 24 August 2017
As the complainant and main witness has expired, charges are not likely to be proved.
Dr J C Vashista
(Expert) 25 August 2017
Despite the fact your wife and unborn child have passed away during labour pains, you have the only option to contest the case(s) filed against you through a local prudent lawyer.