Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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b.goheel   29 August 2016

Query

ld. advisor,
like to know do parent of bride can file suit/petition on their own without involving their daughter aginst family of groom.
if it is then under which section/allegation ?
regards



Learning

 12 Replies

Sidharth   29 August 2016

No, evry criminal case can be only filed by the affected party.

Even the in the case of  DV Act,  case can be filed on the behalf of lady but the lady must have to invlove in the case

  • The aggrieved person,
  • Protection officer on behalf of aggrieved person
  • Any other person on behalf of aggrieved person

 and in civil cases like divorce or maintenaince 

its obvious only a spouse can file on other spouse

b.goheel   29 August 2016

ld. advisor sidharthji,
compleltly agree with you.
like to know without involving daughter [say daughter does not co-operate]
in most of cases negotiation of give and take, parent of bride is directly involved.
so do they file suit independently [true/false] without permission of their daughter. if it is the what is nature of suit - civil/criminal ?
regards.

Sandhya Srinivas (Advocate & Legal consultant)     29 August 2016

Dear Goheelji,

Please specify your query.

Is your query related to family court cases? DV Act ? 

 

KS Johal   29 August 2016

The case cannot be filed by third parties but yes assistance maybe sort from third parties. Otherwise there would be conflict of interest in terms of the accused may not agree with everything that the third party is representing them for.

b.goheel   29 August 2016

@ ms. sriniwasji,
like to know can parent of bride can file suit/petition against groom and his family for dowry without involving their daughter ?
if yes then the case will be civil or criminal type ?
regards.

Sandhya Srinivas (Advocate & Legal consultant)     30 August 2016

Dear goheelji, Dowry case is a criminal case. Your daughter is the necessary party and she has got right to file complaint. You can't file complaint without involving your daughter.

b.goheel   30 August 2016

ms. srinivasji & ms. autohide 4u,
in most of cases, parent of bride give the dowry and not bride.
like to know without involving the daughter [bride] as petitioner, can parent of bride file a suit ?

Sidharth   30 August 2016

Originally posted by : b.goheel
ms. srinivasji & ms. autohide 4u,
in most of cases, parent of bride give the dowry and not bride.
like to know without involving the daughter [bride] as petitioner, can parent of bride file a suit ?

 

 

Legally, No parent give dowry in  marriage. They are considered as gift to bride legally termed as "stri-dhan". means know that stri-dhan is the property of bride, so only bride can claim that through a case of 406 ipc or a after a complaint in CAW cell

Sandhya Srinivas (Advocate & Legal consultant)     30 August 2016

Dear goheelji, Not in most of the cases. In all the cases the parents of bride only give dowry. But to file any complaint in your case, Your daughter has to lodge a complaint. You can be witness to that case. Parents will get right to lodge complaint in cases when daughter is deceased or missing as mentioned by the above expert and also in such cases where daughter is minor and daughter is having mental disability.

Sandhya Srinivas (Advocate & Legal consultant)     30 August 2016

Dear goheelji, Not in most of the cases. In all the cases the parents of bride only give dowry. But to file any complaint in your case, Your daughter has to lodge a complaint. You can be witness to that case. Parents will get right to lodge complaint in cases when daughter is deceased or missing as mentioned by the above expert and also in such cases where daughter is minor and daughter is having mental disability.

b.goheel   30 August 2016

@ sidhartji,
parent whatever give whether it is willingly or UNwingly to their daughter is not considered as dowry but to jamai babu,  though initially it gives willingly, in the event of dispute, they are succeeded to convince the authority to consider as dowry.
@ rameshji,
between bride -bridegroom and wife-husband, i see no differance. from your reply it appears you do.
@ sandhyaji,
it is my personal view - in this materialistic world all calculation are changed. pahle bahuoko pitaki jaydad ke sasuwalo upsate the.jor dethe the. pahle jaisi abhi shyad koshish nahi karni padti hai.
jaise ladka juth bolke paisa pita se paise eith shakta hai usi tarah juth mathki ki sasuwalo ki kahani sunakar ladki kyo nahi ?
if you watch crime patrol, you may aware now how is mind working which some years back eisa karneki sirf pursho ki jagir thi,

Sidharth   30 August 2016

Originally posted by : b.goheel
@ sidhartji,
parent whatever give whether it is willingly or UNwingly to their daughter is not considered as dowry but to jamai babu,  though initially it gives willingly, in the event of dispute, they are succeeded to convince the authority to consider as dowry.

 

 

 

There is no  need convince anybody that parents have given the gift unwillingly and to considered it as dowry only written statement is sufficiant but after that parents must be ready to go to jail. as giving dowry is illegal.


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