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Srinivas (.)     19 October 2015

498a-gold receipts

Hi Sir, wife 498a case on me and she mentioned in the FIR that her parents given 150 grms gold to me. But in the police station I submitted all her 80 Grams gold to her parents and same we have taken sign on Rs.100 bond paper and also all elders signed same on the Rs.100 bond paper.But now wife blackmailing and demanding me that give further additional gold which is mentioned in FIR that 150grams gold. Please advise how to proceed with this.  Please advise.Thanks.



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 4 Replies

saravanan s (legal advisor)     19 October 2015

ask her to produce the bills for the jewellery that she would have bought.if she produces  bills for the jewellery you can verify whether they are original or fake by making enquiry with the sales tax department.also you can file tax evation petition

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 October 2015

First check that the said Rs. 100/- bond paper is valid evidence as per Sec. of 123 Indian Evidence Act or not. That is, whether it is solemnly affirmed before any magistrate/notary officer (Lawful public authority that has power to affirmation) or not. If yes, then it is a very good ground of perjury.

 

Please see my profile links for sample petitions and other clues. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 October 2015

Whatever exchange you have done outside the court has nothing to do with the contents of the FIR. The FIR would be contested on the claim of 150gm of Gold and not on what exchange has been done. If she is able to prove the breach of entrustment you would be convicted else you would be set free.

 

I am sure gold is not the only thing which is mentioned in the FIR and there are other allegations too. Please look at things in a cohesive manner and not on the basis of singular incidents and exchanges.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 October 2015

Is the said 80 gm gold that you have given in the police station is entered in the Streedhan list (Seizure List) ?

 

They still have to prove that it is given as dowry and taken forcefully (As per clause B of sec. 498A) else it will be considered as gift and hence it is not punishable.

 

Please see my profile links for sample petitions and other clues. 


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