Shiela (asdfsfd) 27 January 2013

When to file affidavit u/s 12 of domestic violence

Hello,

I have filed DV complaint against my husband and in-laws. And I have filed Form-I. But my lawyer did not say anything about filing an affidavit.

Last wednesday, there was second hearing. Now my husband's lawyer is asking judge to get an affidavit from me to continue with case as i have asked some relif for maintenance and to return my stridhan. He informed judge that there are some DV rules under which section 6 says to file an affidavit. Also, he showed some judgement of supreme court to get material evidence for dowry demand and asking me to file that as well with affidavit.

My lawyer says there is no such DV rules as stated by my husband's lawyer.

1) Is it mandatory to file an affidavit. If so, when i need to file an affidavit and in which circumstances

2) What is material evidence. I dont have any material evidence to show dowry demand. My parents statement will be enough if she says he demand dowry?

Please help me. I need to do something by next hearing which is on 1st week of feb.

Regards,

Sheila

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3 Replies

A . K . SETH (ADVOCATE--LEGAL ADVISOR) 27 January 2013

Hallo Sheila. U would have filed Affidavit alongwith your petition under DV Act itself. However, now it can be filed on coming date comprising of ingredients of your original complaint.

2. Evidence of yourself, your parents, and blood relations and relatives and friends alongwith circumstantial evidence and series of facts would establish Demand of Dowry. Remember that single & one time demand of 'anything', does not constitute offence of "Demand of Dowry".--akseth advocate :::aksethadvct@gmail.com

Shiela (asdfsfd) 27 January 2013

Ok thank you for your reply.

"Remember that single & one time demand of 'anything', does not constitute offence of "Demand of Dowry"."

I have question about this as well.

I have mentioned in my complaint that my in-laws were having some money stringency for which they demanded money of Rs 1 Lakh to me. I'm raising this because my husband lawyer says that nowhere in complaint it has been mentioned that the said demand was asked in connection with marriage, since most vital part is missing i.e., it is not connected with marriage hence it cannot be called as dowry. However it is true that i have not mentioned it in my complaint about the demand to be in connection to marriage. How to tackle this and how to prove this is as dowry.