Webinar

ab is in process in high court jaipur


My wife had filed false dowry case against me and my parents under section 498a,406,341,323,34 DP Act(private complaint under section 156(3).FIR done in starting on 4th August and after that recieved notice of 41a.

Applied for AB,Parents got it from session court n mine is process in high court.High court has given interim with order to stridhan and after that final hearing.

My queries:

1) Wife has already taken her all jewellery including from our side and saying it's with us.Can court reject the AB for non-recovery of jewellery or ask for money to be submitted for the amount of jewellery?

2) Car is in my name - Transferred the money through RTGS to showroom account. Ready to return it.

3) Furniture & Electronics - No video for the same and they can only arrange duplicate AC bill.Shall i return these or not.IO has already noted the same in Statement(Byans) forcibly.

4) Jewellery - To me and parents. Shall i return it or not?

Please advice how to handle it.

 
Reply   
 
Advocate

Sir,

 

Don't just give anything unnecesarily, if you think she can justify what they have given you as Istridhan only return that much. They have to justify those bills otherwise as well, bills are not the conclusive proofs.

 

Warm Regards

Kapil Chandna Advocate

9899011450

 
Reply   
 


Advocate IPR Associate

AB is best remedy you have and in your case i am sure court will give you. But keep few things in mind that dowry is not liability on accused but on complainant to proof. So just engage some good lawyer who can defend you rather denying or proving complainant case. Such cases are always end at mediation if accused lawyer of view that lets deny every thing and don't defend on law points. So don't worry and court will grant AB to you if your lawyer proof bona fide intention. Consult on 9711787139  

 
Reply   
 

@ Kapil & Tiwari Sir,

Please guide me what can be considered as stridhan from following:

1) Wife has already taken her all jewellery including from our side and saying it's with us.Can court reject the AB for non-recovery of jewellery or ask for money to be submitted for the amount of jewellery?

2) Car is in my name - Transferred the money through RTGS to showroom account. Ready to return it.

3) Furniture & Electronics - No video for the same and they can only arrange duplicate AC bill.Shall i return these or not.IO has already noted the same in Statement(Byans) forcibly.

4) Jewellery - To me and parents. Shall i return it or not?

 
Reply   
 
Advocate IPR Associate

Dear wish you had prepared the list

 
Reply   
 
Advocate

do you have evidence that your wife has taken away all her articles, if so, make a list of them and present before the high court hearing your AB and inform that she has taken everything but once again approached this court with false claims.

At the same time, you may list out all those items still held by you and express your willingnes to return the same.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Indian Evidence Act     |    x