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KIRAN_DASS (Retired)     28 June 2011

Complaint before MM

I have already filed DP before the Family court. I know that my in-laws have pledged the my jewellry with a loan giving company. I have given 14 lakhs to my in-laws in cash. I have got evidences. These persons were dmanding more and more. Now I want to file a complaint before Magistrate for recovery of above. Please advice me what steps should I take.



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 6 Replies

RAKESH PIPRODIA (ADVOCATE)     28 June 2011

First, be clear whats your actual problem and why did you gave the jewellery and cash to your inlaws. Does it is a case of dowry?

KIRAN_DASS (Retired)     28 June 2011

Sir, it is correct my jewelery was taken by them pleading that they are under debt and the jewelry is meant for this purpose. The in-laws argument was that marriage expenditure was incurred  by them so they pledged the whole jewelry given in the marriage. Thereafter it was argued that your parents can help in repaying the debts so that the jewelry can be taken from the pledge. My in-laws further created an atmosphere that you bring 14 lakhs so that the house in which I was living  along with the joint family could be saved from the clutches of the home loan taken from the  Bank. Further in-laws were demanding more. Now inlaws say that loan and jewelry can not be given back as my father gave less in marriage. Still in-laws continue to  demand.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 June 2011

Hi Kiran,

 

The jewellery and money you have given to your in laws could be treated as dowry. You can file a petition before the family court with all the supportive documents for return of your gold ornaments and the money which you have given on their criminal force. The word which i have used 'Criminal Force' will attract cruelty, eventhough I dont know on which ground you filed petion for divorce.

RAKESH PIPRODIA (ADVOCATE)     29 June 2011

Note one thing very clear that as per law if taking dowry is a crime, vive versa giving dowry (cash or jewellery) is also a criminal offence.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Dear Mr.Rakesh,

 

That is why i have stated the word 'Criminal Force' which does not amounts to dowry.

Adv. Chandrasekhar (Advocate)     29 June 2011

As per Section 7(2) of the Dowry Prohibition Act, giving dowry is not triable and punishable offence.  This proposition has been held by Delhi High Court and in appeal upheld by Supreme Court in 2010.  So a person, who gave dowry can file a criminal case under Dowry Prohibition Act against the husband and in-laws.  Apart from this legal proposition, the author is telling about stri-dhan, which has been pledged by inlaws and this act is illegal and this can be recovered by the author by filing a complaint with all the available documents in the concerned police station.  After preliminary investigation, they register FIR on the basis of the complaint and preliminary investigation and the machinery of criminal justice system moves.  If the author is in doubt that police will not take any action, she can file a criminal complaint under Section 200 cr.p.c. along  with application under Section 156(3) cr.p.c.  directly before the magistrate concerned and the necessary action will be taken by the court.

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