Query in 498a
lordofrings
(Querist) 14 December 2016
This query is : Resolved
Hi
Need your expert opinion on the following situation that I am going through -
1. Wife filed 498a
2. Then she filed application under CRPC-91 for return of "streedhan".
3. In the "streedhan" application, she wrote that she brought xyz things with her, then she wrote that we started harassing her and asked her to bring more (gold/money).
4. On the date of hearing, even before the judge could hear the application, we mutually agreed to return each others stuff. She returned to me what I gave her, and she took from me what she had brought.
5. Then we jointly gave an application that "without going into the merits of case, we exchange each others stuff and would like to withdraw this application". Judge then disposed the case.
Question -
Now, since we returned her stuff and withdrew the case without challenging her allegations like "we harassed her for dowry", does it mean that we accept all her allegations? Does this AUTOMATICALLY make us guilty under 498a?
Rajendra K Goyal
(Expert) 15 December 2016
Case was not decided on merits holding guilty.
However, actual advice can be extended after referring full case file.
Kumar Doab
(Expert) 15 December 2016
The gifts exchanged in the marriage have been returned with mutual consent.
Both parties were satisfied and Presiding Officer has disposed the application.
lordofrings
(Querist) 15 December 2016
@Rajendra sir - Can you please elaborate "Case was not decided on merits holding guilty". Do you mean "Case was not decided on merits AND SO IT HOLDS YOU GUILTY"?
@Kumar Doab sir - Exactly, the gift items were exchanged outside court, and then we gave a joint application to withdraw the case CRPC-91 case. However, in her original application, she has levelled a lot of allegations such as harrassment for dowry, etc. But because we withdrew the case with mutual consent, does it mean that I accept that the allegations are true?
Please advise.
adv.bharat @ PUNE
(Expert) 15 December 2016
Author need to explain the query raised by expert.
