Section 406 ipc returning dowry articles-whether notice needs to be furnished?
Raman
(Querist) 16 June 2012
This query is : Resolved
My cousin father in law has filed the police case against his family u/s 498-A/406 and FIR has not been registered but has referred to CAW
His father in law has alleged in CAW that he has given high amount of gold jewellery(500 gm) at the time of marriage but fact is that she has brought only 10 gms of Gold which my cousin wants to return to him
Please advice whether he should send notice to his father in law for sending the list of dowry articles along with purchase receipt?
Please inform whether my cosuin can return those articles before CAW and how he can be entitle for receipt so that such alleged demand cannot be repeated again in order to save from the penal action of 406?
ajay sethi
(Expert) 16 June 2012
generally in 498a cases or DV cases ladies do exaggerate the amount of gold jwellery given at time of marriage .
in your staement before CAW you can deny the allegations and mention that only 10 gms of gold was brought by your wife and you are willing to return the same . mention the complete list of jwellery brought by your wife .
the FIR will be registered only after detailed investigations
Devajyoti Barman
(Expert) 16 June 2012
There is no need asking for details of ornaments.
If you are willing you can send letter asking for return of stridhn articles wherein you can dispute their claim for such huge number of articles.
Shonee Kapoor
(Expert) 16 June 2012
mention what you have in your possession and return the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 16 June 2012
No more to add.
