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Rahul Arjaria (Law Student)     20 October 2013

Advice request

Dear Experts!

I am fighting a divorce case where my father in law has filled an affidavit under Order 18 Rule 4 stating that he has given me cash as dowry, although we have always denied the same as we never asked for dowry. Should i file a FIR in the nearest police station under DP Act Sec 3&4? Secondly if i do so does it means that if they have given dowry we also taken the same?

Pls advise

regds 



 2 Replies


(Guest)

What  is the status of divorce case right now?

 

Are you facing any other cases like criminal or any maintenance cases?

 

If he had filled an affidavit stating that he had given dowry in cash then let him prove the same beyond any doubt.

You have options opened even now and after the prove also...

 

1. If it is prooved that he had given so and so dowry then you can book him with same sec-3 & 4 of DPA 1961as the offence is allready proved in court that he had given dowry. Then at that time no one would deny this fact and he will be forced to think and sit for amicable talks with you. Because giving and taking dory is punishable with an imprissonment of 5 years along with fine if any that could be equal to the amount of dowry.

 

2. If the amount which he is claiming are of huge imagination then simply file TEP on him. Once the matter reaches to Income tax department then it's their headache to recover such taxes and income details from him....and if that work is done rigorously .....He will loose his sleep as well as conspired thoughts against you that is sure.

 

Rahul Arjaria (Law Student)     24 October 2013

Sir,

I am paying INR 5000/- per month as interim maintenance.

Domestic Violence case stayed by HC on grounds of Limitation (Sec 468 CrPC)

Sec 125 CrPC stayed by HC as father of the girl has worked in the District Court where she has filled the same.

Sec 406 is unregistered yet though she had filled a private complaint of the same in Nov 2012

Sec 9 HMA is also being filled but notices not received yet.


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