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Lalit Sen   29 June 2016

Dowry case on back of divorce filling

Hello, 

 

I stay in Sweden and Swedish national now . My wife deserted me and now staying with someone else in Sweden.  I have filed a divorce in India ( as our marriage was solemnised) in in India.  I think my in-laws will file a dowry case as retaliation.

Q1) Can my in-laws file  a dowry case when my wife is not present in India ?

Q2) Is there any pre-emptive action I should take as a precaution ?

Q3) I am sure only alleging about dowry is not sufficient. What proofs do they need to produce in court ? What if they bring their relatives who falsely claim that they had given cash loan to my in-laws and they gave us cash?

Q4) What all other retaliation legal course of action they could take against us ? 

Q5) Can they force me to come to India for the  court proceeding, given the fact that am foreign national now ( I do have OCI card)  ?

 

 

Appreciate you time and guidance . 

 

Regards

Lalit

 



 4 Replies

prabhakar advocate (advocate)     29 June 2016

Q1) Can my in-laws file a dowry case when my wife is not present in India ? Yes. They can file a case. Contrary to the opinions to be expressed here, the dowry givers have got protection from law against their prosecution for giving dowry. So, her parents can without any hitch can file criminal complaint about your taking dowry. Q2) Is there any pre-emptive action I should take as a precaution ? As it is non-bailable offence, if the FIR is registered, you have to engage an advocate to get anticipatory bail. If you do not get it, after that you have to apply for regular bail. Q3) I am sure only alleging about dowry is not sufficient. What proofs do they need to produce in court ? What if they bring their relatives who falsely claim that they had given cash loan to my in-laws and they gave us cash? That bringing of evidence comes at the later stage. Once you engage an advocate he will appraise you that the value of evidence, documentary as well as oral. Q4) What all other retaliation legal course of action they could take against us ? Section 498-A and 406 IPC, Section 3 & 4 of Dowry Prohibition Act and Domestic Violence case. Q5) Can they force me to come to India for the court proceeding, given the fact that am foreign national now ( I do have OCI card) ? Generally, the courts and Ministry of External Affairs would not take these cases very seriously to bring in the accused living outside the boundaries of India. So, if you will not come, the cases will not move further.

Lalit Sen   29 June 2016

Originally posted by : prabhakar advocate
Q1) Can my in-laws file a dowry case when my wife is not present in India ?
Yes. They can file a case. Contrary to the opinions to be expressed here, the dowry givers have got protection from law against their prosecution for giving dowry. So, her parents can without any hitch can file criminal complaint about your taking dowry.
Q2) Is there any pre-emptive action I should take as a precaution ?
As it is non-bailable offence, if the FIR is registered, you have to engage an advocate to get anticipatory bail. If you do not get it, after that you have to apply for regular bail.

Q3) I am sure only alleging about dowry is not sufficient. What proofs do they need to produce in court ? What if they bring their relatives who falsely claim that they had given cash loan to my in-laws and they gave us cash?
That bringing of evidence comes at the later stage. Once you engage an advocate he will appraise you that the value of evidence, documentary as well as oral.

Q4) What all other retaliation legal course of action they could take against us ?

Section 498-A and 406 IPC, Section 3 & 4 of Dowry Prohibition Act and Domestic Violence case.

Q5) Can they force me to come to India for the court proceeding, given the fact that am foreign national now ( I do have OCI card) ?
Generally, the courts and Ministry of External Affairs would not take these cases very seriously to bring in the accused living outside the boundaries of India. So, if you will not come, the cases will not move further.


 

Thanks Prabhakar for helping me understand the course of actions.

* Can my in-laws file Dowry FIR or my wife should be present in India for the same ?

*  After filling the FIR will we get time to apply for bail or police will come directly to take us in the custody ?

* Doesn't it makes a difference in the case that they filed Dowry case after  we have filled for divorce? Why didn't they mentioned it anytime before  - will court take this into consideration ?

 

Regards

Lalit

A walk alone (-)     29 June 2016

1) yes they can file.2) once fir registered police will call you. They will also take statement from your neighbors. They will call you for mediation also. You can apply AB. 3) once you get divorce you can quash dowry case on the basis of filing case just after you file divorce case

Khush   03 July 2016

well all gentlemen have replied to your query.

i will only say u hv good ground for divorce, as u r saying she is living with someone, collect proof of her living with someone, collect her call details, 

if her parents file cases, u can produce those proofs in court to show that she is not with clean hands.


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