Upgrad LLM

list of streedhan valid or not ?


Dear ALL Respected LCI,

Girl side attach list of streedhan with FIR in 498/406 case.But list is hand written by girl-side.There is no signature not any counter-sign by any one witness etc.

I want to know - now is this said list of streedhan or dowry articles is valid or not.

Or judge - consider it valid.becoz i have studied in IT IS COMPULSORY TO COUTER SIGN BY BOTH SODE PERSONS.

Kindly reply with grounds.Waiting four positive response.

Thanks,

 
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Legal Enthusiast

hello,

you need to reply back to the list of streedhan to the IO concerned.

 

 

regards-

rahul.gogreen@gmail.com

 

 
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Thanks rahul but pls clear it "HOW CAN YOU SAY LIST IS VALID LIST AS PER ACT" becoz no signature and no any video or photograhs or any doc evidence.pls.

 
Reply   
 
Worker

no proofs are required at the time of filing FIR / case of 498a 406 by wife

all her statements are presumed prima facie true, without the need for any proofs

 
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Legal Evangelist - TRIPAKSHA

Whereever you read it, it is misleading.

Total likes : 1 times

 
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ADVOCATE--LEGAL ADVISOR

I Agree with Mr. Shonee Kapoor. You simply state your version to the I.O. Let the list be filed into court, onus of proof shall lie with the complainant. Simply deny "List" to I.O.
 
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Dear Respected Members,I am not law expert.

But dear i am not mis-leading i think correct me if i am wrong.

But i have read these words "IT IS COMPULSORY TO COUNTER SIGN BY BOTH SIDE PERSONS.".

O.K if i am wrong.

Then how will she will show poof in court about validity of list of streedhan.How can she will show/proof that -- items has been given in marriage.

 

pls reply accordingly

 
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498a Fighter

The above list is not valid but IO has to accept it. prepare your reply and mention the article which is in your possession.

the onus of proving is on complainaint. Dont think too much..

 

 

 
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Dear Shonee especially ,kindly go through beloa said text mattery copied from THE DOWRY PROHIBITION ACT, 1961

Pls study below said highlight and reply me the meaning of "SHALL BE SIGNED BY BOTH THE BRIDE AND THE BRIDEGROOM..".

Now as per act -answer my said query.

Pls

____________________________________________________________________________________

THE DOWRY PROHIBITION ACT, 1961
(Act No.28 of 1961)[2Oth May. 1961]
AN ACT TO PROHIBIT THE GIVING OR TAKING OF DOWRY
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:

 

2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-( 1)

The lists of presents which are given at the time of the marriage to the bride shall be maintained by

the bride.

(2) The list of presents which are given at the time of the marriage to the bridegroom shall be

maintained by the bridegroom.

(3) Every list of presents referred to in sub-rule (1) or sub- rule (2),-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing;

(c) shall contain,-

(i) a brief descripttion of each present;

(ii) the approximate value of the present;

(iii) the name of the person who has given the present; and

(iv) where the person giving the present is related to the bride or bridegroom, a descripttion of such

relationship;

(d) shall be signed by both the bride and the bridegroom.

EXPLANATION 1.-where the bride is unable to sign, she may affix her thumb-impression in lieu of

her signature after having the list read out to her and obtaining the signature on the list, of the

person who has so read out the particulars contained in the list.

EXPLANATION 2.-where the bridegroom is unable to sign, he may affix his thumb-impression in

lieu of his signature after having the list read out to him and obtaining the signature on the list to

the person who has so read out the particulars contained in the list.

(4) The bride or the bridegroom may, if she or he so desires, obtain on either or both of the lists

referred to in sub-rule (1) or sub-rule (2) the signature or signatures of any relations of the bride or

the bridegroom or of any other person or persons present at the time of the marriage.

 
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498a Fighter

I already told the list is not valid as per DP-2 but it is enough to file 406 and police take it and court also take it like her facts of material.

Cases is fight on merit not on argument with seniors. No body will listen if you shouted and say "The list is not valid" hence 406 is false..

Be calm and make some strategy..

 
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