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Kaatu Poochi (Kaatu Poochi&Co)     25 June 2014

Dowry : Gender bias in law

I'm planing to fight against the domestic terrorist. In my DV case wife wrote open statement, Wife family members gave the dowry to me. I will go to file DPA U/S 3,4.  In my DV case running one and half year, trail stage.

1. Shall I file the DPA u/s 3,4 in this time?

2. After filed the DPA 3, Is anything impact to my DV Case?

3. Any negative mark of me from my DV Magistrate? 

4. After arrest wife family members what will happen&What will about the wife field DV case?

5. Is any other IPC section to strong of my DP3 kindly suggest me I will add.

6. Filing a complaint under DP3 means indirectly accepting of taking dowry?

7. What is the time limit of the DPA in Tamil Nadu State?



Learning

 14 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

File a petition u/s 91 CrPC and ask her to submit evidence as per Indian Evidence Act 1872 in support of her allegation.

 

Ref: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

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Kaatu Poochi (Kaatu Poochi&Co)     25 June 2014

Kindly tell to me what is u/s 91 CrPc? where I file this petition? what is the impact of it?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2014

Dear Querist

section 91 of Cr.P.C is as below

91. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed-
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2014

Dear Querist

as per your queries my opinion as under

1. Shall I file the DPA u/s 3,4 in this time?

Opinion: yes, you can but the case will not be fruitful, in this you should read section 7(3) of DPA.

 

2. After filed the DPA 3, Is anything impact to my DV Case?

Opinion: the case is not maintainable as per section 7 (3) of DPA, no impect on Dv CAse.

 

3. Any negative mark of me from my DV Magistrate? 

Opinion: this is not competition, so no negative mark

 

4. After arrest wife family members what will happen&What will about the wife field DV case?

 

Opinion: query is not clear, state specific.

 

5. Is any other IPC section to strong of my DP3 kindly suggest me I will add.

Opinion: as above

6. Filing a complaint under DP3 means indirectly accepting of taking dowry?

Opinion: it may be

 

7. What is the time limit of the DPA in Tamil Nadu State?

Opinion: as per punishment.

 

Feel free to call


1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2014

Read Section 7 of DPA as mentioned below

7. Cognisance of offences.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974),-

 

no Court inferior to that of a Metropolitan magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;

no Court shall take cognizance of an offence under this Act except upon –

(i) its own knowledge or a police report of the facts which constitute such offence, or

(ii) a complaint by the person aggrieved by offence or a parent or other relative of such person, or by any recognized welfare institution or organization:

it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorized by this Act on any person convicted of any offence under this Act.

Explanation.- For the purposes of this sub-section, "recognised welfare institution or organization" means a social welfare institution or organization recognized in this behalf by the Central or State Government.

(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2of 1974), shall apply to any offence punishable under this Act.)

Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.

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Kaatu Poochi (Kaatu Poochi&Co)     25 June 2014

Hon'ble Nadeem qureshi sir,

Wife has written that, she has given dowry, in the criminal court(DV case)


1. May I give a new petition in the court.

2. May I request Magistrate that they have given dowry by written, that it is offence, Will you please take action under the DPA3,4 

laxmi kant joshi (instructor)     25 June 2014

Mr. Kaatu you have written very straight and accurate point that both dowry given or taken are offence under dowry prohibition act and your wife herself admit in written that she had given dowry to you , you can respectfully asked the magistrate that will you please take action against her under DPact sec.3 .
1 Like

Kaatu Poochi (Kaatu Poochi&Co)     26 June 2014

Hon'ble Laxmi kant joshi sir,

 

How can I request the DV Case Magistrate to take action against wife Under DPA3?

 

1. Shall I file any affidavit/petition? Procedure?

 

2. Is this factor help me to dismiss the DV case or case will continue?

laxmi kant joshi (instructor)     26 June 2014

Kaatu move an application u/s 91 crpc in the same court and ask her to produce the relevant evidence in support of her allegation of given and taken dowry . 2. No , your DV case will not dismiss it will remain continue but when you exhibit her false case of dowry in your dv case you will get benifitted of that and the decision may go in your favour.
1 Like

Kaatu Poochi (Kaatu Poochi&Co)     26 June 2014

Sir, In my case they already have accepted given dowry. I want take action only.

So I am planning to inform DV case magistrate or file new case under section DP3.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 June 2014

Dear Querist

You can file a criminal complaint against her before court under section 190/200 of Cr.P.C

1 Like

Prakash S Thakkar (B.S.L LL.B)     27 June 2014

File an application in dv act, stating she has gvn information to this court, bcoz later in cr p c section 195 will stop u and same court will dismiss ur case. Nd to save from that. File application in same matter with prayers that A.S to file a complain at police station on ur wife nd to make u a witness in tht. Bcoz the matter is concern with u and she has files affidavit in front of A. S. Or u can call me on 09765470629.
1 Like

Kaatu Poochi (Kaatu Poochi&Co)     27 June 2014

In the case wife has written open state. She involved dowry offence mean she accept she is a criminal. How can one criminal file a case.

Hon'ble Laxmi kant joshi

Hon'ble Prakash.S.Thakkar

Hon'ble Nadeem Qureshi 

Thank you very much for your replies. 

Today my advocate accept your points. But my advocate take little time for arguments, some open statement from wife front of magistrate then he will take action. He not take any action I will file new case in my place. 

T. Kalaiselvan, Advocate (Advocate)     27 June 2014

In the first place whether she alleged  in her DV case that you have demanded dowry from her? As per the provisions of section 3 of DPact, which is given below, dowry giving and taking is an offence. 

"

Penalty for giving or taking dowry.-

1(1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2 with imprisonment for a term which shall not be less than 3 five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]"

Now, since you have already denied to have demanded dowry or received dowry in your written statement, upon this, have you established or confirmed your stand of not receiving/demanding dowry from her parents through cross examination? if not do it, make her to commit that you have demanded and received dowry and shoot strategic questions about the evidences to establish her false statements, subsequently you may file a petition u/s 91 of Cr.P.C. before the same court requesting the court to instruct/direct her to produce the evidences for the dowry demand which have been admitted by her in her cross examination. I don't think she will be able to produce evidence, thus she will be trapped for having committed a blunder mistake, on which you can file another petition before the same court u/s 340 Cr.P.c. for perjury causing you mental agony with false statements and false cases with false allegations.  Thus, in my opinion, it will be better to proceed as above instead of filing a separate case u/s 3 of DP act which may not sustain.

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