25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sam Pat (Law)     15 March 2012

False stridhan claims in divorce case

Hi all,

Wife left matrimonial home a year back. I filed for divorce. 498A case filed by wife.

In her statement in divorce case she has claimed for Rs 30 lakh glod ornaments of hers with me. Also Rs 10 lakh clothing and sandals. Will she have to prove: 

1. she has gold ornaments of Rs 30 lakhs

2. those were given to us. her claim is she gave that to us after 6 months of marriage as I demanded for them.

- Sam Pat



Learning

 12 Replies

Sam Pat (Law)     15 March 2012

doesn't the onus of proof with wife?

adv. rajeev ( rajoo ) (practicing advocate)     15 March 2012

bruden lies on her to prove it. 

Shantanu Wavhal (Worker)     15 March 2012

wife has to prove that those articles were given to you - let her keep proving her false alligations - truth comes out during trial - 1 mistake gives rise to 10s of further mistakes.

she has to produce the bills of her belongings.

if she has accepted that the articles were given as dowry, then herself & her parents can be booked under DP3.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 March 2012

Dear SAMPAT

the burdan of proof lies on her, it is her duty to prove it and if she not, you win the case. I also agree with Mr. Amit

feel free to call

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

Rightly said burden of proof is on her.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Sam Pat (Law)     19 March 2012

Thanks all for immediate response.

Twist in the tail, wife files RCR (section 9) after 8 months of 498A. 498A was filed after 1.5 years of separation. I had filed for divorce on grounds of cruelty (desertion without reasonable cause and not returning after sending NOTICE through advocate).

Too many differences in 498A chargesheet and WS filed in divorce case.

Got bail in 498A on the same day, arrest was for 30 mins.

I expect actions taken by her (delay in filing FALSE 498A, filing RCR after 498A) will stand as enough proofs of a lier wife. Please suggest, if I need to do anything from my end, apart from fighting the cases for JUSTICE BEING DONE.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

fairly common tactics in small towns.

 

Persist with your divorce case in all earnest.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com 

1 Like

Suresh AV (NA)     05 April 2012

What are the ways to fight for false claim for stridhan. In my case; She took everthing along with her; (Unfortunately don't have proof that she took) ... What If she / her in laws produce genuine bills.

Along with many draconian laws in India favouring to women; there has to be law for men atleast which gives week stand to fight. I can't believe that I have rely on her mercy !

Suggest how to fight for it. I am ready to fight to the extended to my death;

 

Sam Pat (Law)     05 April 2012

Stridhan is her right and also it's her duty to safeguard it. you can surely say 'she has taken it'.

she will have to prove that you have it wth you -- prrof like, written statement signed by you/your family. Also bills don't prove who is the current possessor.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

She would also need to prove that the said items were entrusted to you.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

chandramohan (partner)     18 December 2012

at the time of marriage my wife told oraly that my father has gifted jewels worth 20 lakhs .it has been  5 years completed i have two kids . now we both have no proper understanding and are living seprate for more than 6months . now i wish to file a divorce case so i approched wifes parents and asked for mutual divorce . but now the tell we had gifted more than 50lakhs as stridhan . they handed over the gift to my wife only they had not mentioned the value to me or the list of articals . but now they say to retun the 50 lakhs worth gift or threaten me tey will file 498A case . how can i come out of this . there is no proof for the gift they gave to my wife but they tell that it was given to me in front of thier relatives . Can i ask for an income tax recipt for 50 lakhs provided as gift. there is no record with them to say that they have handed over the gift to me . Kindly advise

neha (teacher)     14 October 2014

agar ladkiwalo se shaadi ke samye koi bhi dahej nahi liya gaya ho ...

ladkewalo ne hi sab jewar ladki ko deye ho...

aur ladki sirf 3 month sasural me rahi ho..

uske baad wo sasural chod kar dusri  city me rahe aur fir waha uske mummy papa aa kar  apne damad ko mentely paresan kare aur fir unko bina bataye ghar ka sara saman utha kar le jaye ..jab ladka ghar me nahi ho tab..aur fir 2 saal tak sasural na aaye ..

to kya ladkewalo ne jo bhi jewar ladki ko shaadi ke samye diya tha wo stridhan ke naam par wo rakh sakti hai... iske liye LAW me koi dhara nahi hoti  hai kya.. aise to wo ladki pata nahi kitni shaadiya kar ke logo ko lutegi..

kya dahej nahi lena gunah hai...????

PLZ.... MERE BHAI KO INSAF DELANE ME HELP KARE...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query