Dowry prohibition act

in practice, it is never possible for making a marriage without dowry.  So, most of the cases filed with DPA could not be proved.  Suprement Court of India has given directions in DPA.  When, DPA is mixed with 498a, harrashment is possible until the chargesheet is filed.   But, still each and every case is guided with some or other judgements.  Hindu marriage is a sacred marriage in which even supreme court stated to unite the couple.  But, the generations want speedy commitments, even in martial issues which is not good in practice.  So, no wory until DPA is proved.  But, if any case is filed only to harrash, there are also counter cases to be filed.

Thanks You Mr.Sharma,

In my case, i have applied for a divorce in US and she left to india once she came to know that the divorce was filed and she filed a 498A and DPA in India, they have no evidence what to ever to prove that harrasment and dowry demand, but they are introducing new false evidence(people who me or my family have never met), saying that they were at the dowry negotiation(which never took place). also the mediator for the wedding is also supporting them. 

case is in trial state, but the judge will obviously belive the evidence, i have a few emails in which she cleary stated that she had no problem with my family. but there lawyer is smart enough, he state that the dowry(which we never took) they have given was from loans from there friends. i am too much stressed by this situation. please help 

Thanks

Hi Gopal,

You are being unduly hassled.

Mere statements doesnot mean anything, they can be countered by effective cross-examination by your lawyer.

And though there have been couple of success stories of DP3, the same has not been perfected as most DP3 have been quashed.

Concentrate on your cases.

Thanks for your reply  Mr Shonee, 

i really appretiate you taking time to answer all the forums with you vast knowledge in Indian Law, 

as i have been trying to talk to the lawyers in india about my case, everyone is mentioning that in most of the cases the judge will favor the girls, the evidence that i have are emails, as i am in US, this is taking a terrible toll  in my case, as we know money speaks in india, they are taking extreme steps in informing the passport office, recently i have received a letter from the passport officer and i have been asked to answer "why they should not take action against me?as a criminal case was registered". i know that the registering a criminal case doesnt possibly mean that i am criminal and as the trial is in the court and they have no right to take action against me until proven guilty.  do you think this answer will suffice.

please let me know, and thanks a lot for your time.

Regrads

Gopal

You send a reply that the case is not yet proven and you would prove your innocence to the court of law.

And that your rights has to be protected. Even SC has held that Passport can not be impounded/ revoked without due process.

If you want to see the said judgment, it is posted in judgment section of https:.//forum.498a.org/

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hi Mr. Shonee and Mr.Sharma,

My 498a case is still going on and as i am overseas i cant attend and i have lawyer who is representing me. there are 3 arrest warrants on me now for not attending the court, as every one know if i come to India at this point of time i will lose my whole future and unemployed. the question i have is 

In the FIR my in-laws and wife mentioned that they gave me dowry(which is absolutely false) but still giving and taking of dowry are both punishable under IPC then why is that there is not case registered against them, when they themself have accepted when they have done something that is illegal. how to address this matter. shouldnt the investigating officer(they have paid money to the officer) be looking at that point.  can my parents metion this point in the court.

1. I am in US i earn in $ and do i have to pay half of my salary as alimony to her?

2. I have been paying my debts from my wedding untill the last 4 months from my salary. 

3. Will the court award all my properties(inherited from ancesters) in india if i dont pay the alimony?

4. Can i fight the case on the bacis of her capacity, qualification and eligibility to work. as she is a BE graduate she will should be able to find a decent job with a little effort. i can provide her alimony for a certain amount but beyond that its not fair and i will also not be able to provide her.

as i had a chat with my lawyer, he said we will not fight the alimony case if they ask for half of my salary, as they will not be able to do anything. but still i want to pay her the minimum alimony to support her but not for her luxuries.

 please let me know. Appreciate the time you have taken to answer the questions. 

Gopal.

You applied for divorce when you were in US.  Whether wife was also in US.

You wife is well qualified and can find job, but is she doing a job?

Hi Sudhir,

Thanks for your concern and really appretiate your help,

Yes i applied for divorce when my wife was in US. she was living at her brother's house and she was summoned at that address, she did not take the summons the first time as they were sent by first class mail. after the summons were returned to the court she was served again by regular mail, this time her brother hired a lawyer responded saying that his sister never stayed with him. since then the divorce case is goin on in US,

she is not doing a job right now.

please let me know

OK She was able to evade summonin US is she now at India. 

Whether both of you resided at India before wedding or if one of you was already there.

whether she has filed criminal case while she being in India.

Hi Sudir,

I was residing in USA before wedding and this is an aranged marriage, she was in India, the wedding happened in 2010 April, I came to US in July 2010 and she came to US in March 2011, i applied for a divorce in Sept 2011 and she fled to India inorder to evade the summons in US. once she reached India in Nov 2011 she lodged a 498a.

when she was in US she was never with me. she was at here brother's place. the place where I summoned her, her brother and she gave a false statement in the US court in writing that she never lived at her brother's house.

recently came to know that impound for passport has been issued,

1.I am in US i earn in $ and do i have to pay half of my salary as alimony to her? do i need to fight the case at all or not as i have never received the summons to my US address.

2. I have been paying my debts from my wedding untill the last 4 months from my salary. 

3. Will the court award all my properties(inherited from ancesters) in india if i dont pay the alimony?

4. Can i fight the case on the bacis of her capacity, qualification and eligibility to work. as she is a BE graduate she will should be able to find a decent job with a little effort. i can provide her alimony for a certain amount but beyond that its not fair and i will also not be able to provide her.

please let me know, my H1B extension is pending, i am pretty sure that they would have informed the USCIS about the passport impound and the NBW on me, will USCIS deny my application based on this information.

Thanks in Advance

Gopal