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aajay (CS)     24 February 2015

Is letters written by wife as evidence of dowry demand?

My wife has filed false dowry (498A) case and annexed 5-6 post cards where she asked for car from her parents. These letters were written during a span of 4 years and first letter being in the first year of marriage. Now during these four years she kept teaching in a college in her home town which has been prooved during trial of sec 125, means she deserted. But court didnot took this stand in view and awarded her handsome maintenance specifically commented on letters she wrote as proof of dowry demand.

My question: 1)  Is self written letters are conclusive proof of dowry demand?

                        2)  Can court ignore the fact that when she was working in college why were these letters written? Is not there oblique motive behind these letters.

                        3)  Suppose court convicts us under dowry act and HC also confirms it. What are the options available to us in SC. Is SLP of every such case is admissible or SC can reject it then what are the options available to us being innocent.

                        4) Are innocents being convicted in indian courts (as we are observing in lower court).

Pl lighten up me and advise what other steps should i take to prevent conviction


 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 February 2015

Dear, They should not be given much evidentiary value according to me because they can manipulated at any point if time .... Yes the court should have taken that fact into consideration that she was staying with her parents and other circumstances as well. Don't think of supreme court as of now .... Better focus on your trial .... Kapil Chandna Adv 9899011450
1 Like

fighter (Software professional)     25 February 2015

Ajay sir... Obviously innocent convicted in indian courts...

Example read this article::persons convicted by lower court and high court and accquited by supreme court...


Adv k . mahesh (advocate)     25 February 2015

i agree with above statement 

1 Like

aajay (CS)     25 February 2015

Thnx Kapil Ji. But what i am observing in lower court in UP where my case is running, the Judges always favour women. Even though court itself got the documents from college where she is teaching but deliberately avoided the fact that she is teaching since 2004 in her home town and letters were written from 2004 to 2007. Even a uneducated person can sense the motive behind these letters but these educated judges could not.

If conditions are so pathetic in UP i am least hopeful that HC will do some favour. Does these type of convictions are completely admissible in SC.

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