(Guest)

Dowry prohibition act 3 complaint against complainant

Dear Experts,

I am getting variable answers for my question.

Can anyone suggest if husband can file Dowry Prohibition Act 3 complaint against wife and other witnesses ?

Some people are saying, they have immunity and some are saying filing a complaint under DP3 means indirectly accepting of taking dowry.

Kindly let me know your suggestions...

Thanks in advance.

Reply Follow

5 Replies

(Guest)

@Author,

According to Dowry prohibition ACT 1961 sect 3- tells that dowry been given and taken before/after for the purpose of marriage this can be any valuable things,like property,cash,articles etc.A dowry is complete process where giver has to give and taker has to take........so dowry is impossible to complete without these two.

Hence,You can very much file a dowry case on those who have given to you.But yes as above stated it will conclude that the process has been completed by taking of such valuable.

Generaly girl's side don't file DPA 3&4 due to this reason i.e giver and taker.Otherwise DPA Sec-3&4 are evn more dangerous than 498A where punishement under sec-3 if of 5 years along with fine if any.

My Opinion:

There is no body in India who had not given something to his SIL either by cash,property,car,jewellery or any article which directly comes under dowry if it has not been given under Protection Officer of DPA.

But due to disgrace moment and failure of marriage in-laws try to harass by this DPA 3& 4 even though they know that giving dowry is equal and opposite crime.

For those who had not taken this as Granted of Harassment,they fought their case by filling the same counter cases on them.

If your in-laws have filed such sections and allegedly draging you in such claims, you better proceed with same case on them as there is no harm when they have allready indulge you in dowry case then you also do same hospitality with them.

The case will be end in compromise and the actual figure which has been given will come out or the actual amount which has been taken can be given or 50:50 compromise will go on.

regards.

Vivek (manager) 19 September 2013

DP act is non- cognizable. Even tehn without investigations, with mere statment of wife or her family's police will file FIR. That is fate.

Usually, Husband side wont try to put reverse cases in the initial stages. Be it DP, DV by husband mother on wife's parents, HMA act for maintainance etc. THey usually concentrate on fighting and clearing the mess up and not to make more mess up in the life. Many people wont even go for damage claim, defamation etc even after they win their cases. Worst is, in one of the case recently concluded 2 weeks back in karnataka, District judge gave jail term for a professor for taking dowry. That professor did not even put the reverse case.

Usually cases are filed in combination with dp, dv, 498a etc. Also dp3 and dp4 are combined and put, in which case it will be like you taken dowry before marriage and you are harrassing her to get more dowry.

Also there is confusion over what amounts to dowry. Whether money given to purchase marriage costumes, choutry, Honeymoon expenditure, gold, etc amounts to dowry or not only experts should comment.

In nut shell, both you and you wife can file dp3 on each other and families. But Law is taken for granted by the females. Also law has given them lot of lineancies.

Two ways to fight divorce and related cases. 1. Do tit for tat 2. Just clean up the mess.

Advice: Play Clever. During reconciliation meeting happening in your community side, give a strong message that dowry taking ang giving both are crime. Use as much grapevine channels as possible to spread this and reach your wife side. Message should be strongly delivered. With this you can avoid the dowry case.