Dv case and stridhan
Ajay Sharma
(Querist) 22 June 2013
This query is : Resolved
Hi Experts
My wife left the home 6 month back and after 2 month she filed 498a and DV case.
DV case is running right now in which is she is asking to return all her jewelry
but the Fact is while leaving the house she took all her gold ornament and jewelry.
Further she has attached the Jewelry slip/purchase bill in her complaint.
May I know whether the court going to believe me or not that she has taken all her belongings including jewelry.
prabhakar singh
(Expert) 22 June 2013
In absence of any proof in your custody chances to believe you is remoter.
Ajay Sharma
(Querist) 22 June 2013
how one can proof this which is total impossible is there is any way to come out of this problem pls suggest
I think i will not get justice if this is the way the court hear the accused one... which is totally biased and partial
ajay sethi
(Expert) 22 June 2013
it is standard tactic adopted by wife in 498A / DV cases . they take the jewellery with them . then file fal;se complaint that jewellery has been retained by husband .
cross check whether the list of jewellery mentioned in complaint is inflated . for instance if she bought 5 sets has she mentioned 10 sets in the complaint .
you must be having video recording of the functions . corss check the jewellery mentioned in complaint with the jewellery bought by wife .
in your staement to cops mention that she has taken all the jewellery with her when she left the matrimonal home . the fact that for 6 months she did not take any legal proceedings for recovery of jewellery shows that complaint is an after thought
Rajendra K Goyal
(Expert) 22 June 2013
Decision of Court depends on evidences, documents arguments and law. You should cross examine the witnesses intelligently. The points suggested by the expert Ajay Sethi ji, for the present stage, can prove very beneficial in your case.
Adv Archana Deshmukh
(Expert) 22 June 2013
In such cases of blatent lies the cases need to be handled carefully so engage a good advocate so that the witnesses would be cross examined properly and then the truth comes out.
Ajay Sharma
(Querist) 22 June 2013
Thank you very much Ajay Sir & respected all other experts, for your valuable suggestion.
One thing I forget to mention related to case that when she left the house, After 10 days i have sent a legal notice for reunion in which I have clearly mentioned that she took all her belongings.
Can I argue with this point during trials.
Rajendra K Goyal
(Expert) 22 June 2013
you can give the proof of sending notice with a copy of the notice with your evidence. If she replied, in that case the reply is also to be seen. However, consult your Advocate as he is in the knowledge of all the facts and record on file.
J K Agrawal
(Expert) 22 June 2013
Kanchan Kanchan hi sada, Kanch kanch so Kanch.
'Doolan', Jhoot jhoot so, Sanch sanch so Sanch.
Ld Doolan das says that truth is always truth just like gold is like gold. do not worry. Your advocate will handle your case well.
