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498a_dv_Crpc125_hma24_victim (unemployed)     03 June 2013

Sreedhan recovery in dvc

Hi All,

  1. My wife has put 498A  with DP3&4 and HMA 24 in 2010 and the charge sheet has been filed and charges not yet framed. in HMA 24 she was awarded Interim maintanence now i am appealing in High court .
  2. now after 3 & 6 months years she had filed DVC and crpc 125  in January 2013.
  3. All her belonging were taken back by her. but she has alleged that most of here Jewellary and cloths are with us only in 498A, DVC,125& HMA24.
  4. no recovery was done from the police when they came to arrest us & no 406 filed. ( since nothing was with us) also in charge sheet there is no wispher of sreedhan with us.
  5. In DVC there was a councelling in women & child development dept. in the month of march 2013 and councelling failed as expected. i havent received Summons from the court nor copy of the DVC complaint till now (2 months completed) for DVC TRIAL.
  6. now can she get a court order in DVC for recovery of sreedhan my mentioning fake bills and so on for jewellary and other items  even before the i get the summons .
  7. what kind of orders can be passed by the court for recovery of false sreedhan which she had mentioned in her complaint.
  8. the girl and me saty in different states.
  9. Pls let me know about this.


Learning

 6 Replies

Alwin (PM)     03 June 2013

If she is able to produce bills for purchase of gold and a proof for source of money, there is all chance that the court will accept it and order you to to pay. 

498a_dv_Crpc125_hma24_victim (unemployed)     03 June 2013

my question is it after the trial is competed in DVC or even befor the trial starts and even before sending me the summons, the court can pass a searching orders for the recovery of sreedhan exparty.

Advocate Deepak Gupta (Lawyer)     03 June 2013

No Court pass searching order . If fake bill present by her  raise objection .

1 Like

fighting back (exec)     03 June 2013

@alvin, but what even she produces original bills, but never ever brought those items to the husbands house, and then she claims that these are with the husband, then what happens? still we need to give it?

what if she goes to her moms place, collect all the original bills of her mother, sister, brother of that period when the marriage took place and place before the court. then what happens?

1 Like

498a_dv_Crpc125_hma24_victim (unemployed)     03 June 2013

can the Orders Passed befor the start of the Trial of the DVC case  even before issuing summons to me in DVC for appeareance. 

IF they Pass the orders before trial starts , with exparty what are the precautions i need to take, since they might take our gold by producing their fake bills.

Alwin (PM)     04 June 2013

Dowry as money, gold and other valuables are integral part of Indian marriages and all those became under the control of husband and his family after marriage (of course there can be few exceptions). So if you argue like “i don’t have anything” may not stand in front of the court.  Even a wedding snap of her with all ornaments may become evidence against you. So if they produce bills of purchase and proof of source of income to buy it, you will be in real trouble.  If she really took those with her, try to prove it that way other wise try to settle it through mediation. 

 

Court always shows sympathy to woman and her claims than to you, that is the system right now.  


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