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Aniruddh (desig)     14 October 2014

Dowry harrasement

Hello Sir,

 

I want to know that can a case of dowry be filed after 23 years.  Sir, my uncle's wife is harrasing my family to file a case after 23 years that she will file a case that we have taken all her gifts of her marriage and wants compensation for that even though my mom has not taken a single penny from that and was living in a different city where my uncle's wife was living at the time of marriage.

 

Thanks



Learning

 16 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 October 2014

Aniruddh (desig)     14 October 2014

Okay thanks Sir, one more question although we know that my parents has taken nothing but still they have to face this misuse of case, can we try and pressurize our uncle to take back that case as he himself has done wrong things in his life like ..like he has a baby to another woman besides my aunty and her son without taking any divorce.  Is that illegal and can we frame charges on him if we want... 

Aniruddh (desig)     14 October 2014

also he is a government servant, and I read that according to section 494 and 495 of IPC of Hindu Marriage Act, this is unlawful and can make him imprisoned for 7 to 10 years and can terminate from his government duties...

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 October 2014

What your uncle did that is his personal life. Why are you interfearing on it ?


Your Aunty did the wrong thing by filing a false dowry case. Please take action on your aunty immediately as metioned above.

 

If marriage is not not properly solemnized as per Hindu Marriage Act (HMA) with your uncle and that woman then it is legal and not chargable as per 494, 495 IPC at all, even if they have child also. Please don’t interfear on anybodies personal life.
 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2014

no need to worry, if your family members were not residing with them then she can not file any cases against you or your family, so sit tight and try to avoid interferance 

Sudhir Kumar, Advocate (Advocate)     14 October 2014

you are not clear with case.

Chetan Joshi (Advisory/Advocacy)     14 October 2014

Anirudh!!

 

Ask the lady to take a chill pill!! (Literally)

 

Nothing would happen to you and your family. Goons like these just fart it out and nothing else

 

 

Regards

Chetan Joshi

Aniruddh (desig)     15 October 2014

Thanks Rocky,  Nadeem, Sudhir and Chetan Sir...Thanks for your valuable suggestions.   I will get back to you if anything happens in the future.  Thanks again....

Aniruddh (desig)     15 October 2014

Dear Rocky...

That other woman is of other Caste (Muslim) and we are Hindus.  So I think according to Hindu Marriage Act, we can charge him if we want to...Although We and my parents are not doing anything like this because this is our family matter and we do not want to take this any further until and unless wrong done by them.

Thanks.

Sudhir Kumar, Advocate (Advocate)     15 October 2014

Originally posted by : Aniruddh

Dear Rocky...

That other woman is of other Caste (Muslim) and we are Hindus.  So I think according to Hindu Marriage Act, we can charge him if we want to...Although We and my parents are not doing anything like this because this is our family matter and we do not want to take this any further until and unless wrong done by them.

Thanks.

Not understood what you want to say.  What you want to allege if someone is  Muslim.  Be clear what you want to say so that you get right reaction.

Sudhir Kumar, Advocate (Advocate)     15 October 2014

Originally posted by : Aniruddh

also he is a government servant, and I read that according to section 494 and 495 of IPC of Hindu Marriage Act, this is unlawful and can make him imprisoned for 7 to 10 years and can terminate from his government duties...

IPC operates in bigamy case only iof the wife complains as it is non-cognizable offence.

 

but in case of Govt servant no formal complaint of wife (only reliable evidence) is sufficient to start departmental proceedigns.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 October 2014

a ) Agreeing with Mr Sudhir Kumar, I would like to add that only wife (your aunty) can file only 494IPC (Not 495 IPC). You can not.

 

b) Also all evidence should be as per Evidence act. Any document or paper is not evidence.

 

c) Also marriage should be solemnized with Hindu religious rites else said IPC is not chargeable.

Sudhir Kumar, Advocate (Advocate)     16 October 2014

Yes for IPC only wife can move.

 

For disciplinary action against Govt servant on the charge of bigame, anyone can give reliable evidence to the deptt and deptt is bound to take congnisance.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 October 2014

Bound to take cognizance on non-cognizable offence ?    :P


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