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Raman (student)     28 December 2012

Shall it be advisable to file case under dowry prohibition a

Dear Sir,

If the boy family resident of Delhi as been falsely implicated under section 498-A/406/506 sections but not under Dowry Prohibition Act at remote areas and Boy’s family get arrested and take regular bail and trail too taking place at remote areas. Thereafter girl filed case of 125 CrPC. In FIR the girls’ family has admitted that they have given huge valauable things at the occassion of marriage without complying the list which needs to made under rules and expenditure is too high as compare to their financial status

The alleged statement in FIR as well in his written complaint and statements made in clearly shows that they has committed offence under section 3 of D.P Act-1961 as giving and taking of dowry is crime.Apart from this on persaul of FIR there is no where stated that any family member of boy has ever demanded dowry or has taken dowry from them

In the view of circumstances the boy family who is residing in delhi can file the case before Metropolitan Magistrate about the registering of crime . Many experts of this forum ( which I have seen in some texts) don’t agree and indicated that giving dowry means that you have taken dowry and section 7(3) clearly provides immunity to the aggrieved from offences

And as per judgement made by Hon’ble High Court in CRLMC that book the girl family who is taking dowry and many mens forum too agree to impose this section on girls family

Please comment as marriage took place in delhi, and matrimonial home is also located in Delhi, whether its advisable to proceed with this before they implicate the boy’s family on taking the dowry or gift articles



Learning

 2 Replies

Tajobsindia (Senior Partner )     28 December 2012

1. Immunity is only for the girl and not to her parents and relatives who are witness to 'giving dowry'.2. Take a reasoned self call now that you have done good self research.
3. Proving innocence is a long drawn battle even without usage of DP Act and other modes such as TEP / RTI / Counter cases can be resorted to.

So far as Delhi is concerned there had been mixed success on DP Act by men’s rights activists, attend SIF’s, Patiala House Saturday’s free meetings to find out more.  

 

Raman (student)     29 December 2012

sir,

I am attending SIFF on every saturday..Unfortunately I could not find bright perosns like you except on forums


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