Ipc 420, 477, 406, 120b, 476
jas
(Querist) 11 January 2015
This query is : Resolved
ref to case in mediation 498a already, another FIR is been registered under the car purchased in the name of Husband however around 80% of payment made by wifes side, car company doesnt have any NOC in file.
the car has payments in 3 phases first booking 50k in name of wife, 2nd payment 4 lac DD in name of wife( was loan taken in wife mothers name ) 3rd payment 50k from husband side. because of getting more discounts car was purchased under husbands name and only marriage card is in file
Now police is asking questions again and again and asking in writing from company.
why NOC was not taken from wife
why car was not Hypothenticated ( loan under wife mother name from p&S bank Agra paid via DD car registered in delhi )
Now we will be filing civil case to sent all gift items and wife items including car, will it make a difference as car company is putting every thing on owner of car
Advocate M.Bhadra
(Expert) 11 January 2015
Generally the Police authority nowadays take such criminal complaints as false, made up case & done in order to obtain "Sweet Will" from the other party, in simple words this is considered as usual husband & wife family dispute which is civil in nature to be settled in the Family Court.
The Streedhan is her absolute property which is supposed to be with her and not with you.Even if the charges of dowry demand under section 498A IPC fail in your case the misappropriation of her absolute property lying with you a car, ask her to take these back will give you solid defence that you had no intention for misappropriating these any time in past of in present. Failing which you can file a divorce suit and with declaration of streedhan with a car.
ajay sethi
(Expert) 12 January 2015
repeated query
R.K Nanda
(Expert) 12 January 2015
repeated query.
jas
(Querist) 12 January 2015
I know have repeated query but had a question, does a letter sent via registered post to dsp, mahila thana, wife house and car company stating please take your things or tell me convenient time to deliver is enough or should i file a civil case to settle thing in court
Thanks Sir M Bhadra for reply
T. Kalaiselvan, Advocate
(Expert) 16 January 2015
You can very well communicate to your wife asking her to take back all her items held min your house including the case, and the copy may be endorsed to the concerned police including ssp. This will take care of the issue for the present.
jas
(Querist) 19 January 2015
Thank you sir, one more query The police came with Govt Adv who visited car company said that IPC can increase or decrease according to investigation, no one has received a copy of complaint aswell does it mean FIR is not registered