Streedhan


Hi guys My 2 questions are:- 1. Can wife ask gold chain, ring and cloths given to me and my family in marriage under IPC 406. she made a list and she mentioned each n everything. 2.lawyer says that quash is not required in 498a as chargesheet is not made. quash from high court is required when chargesheet is done. mere taking FIR from mahila thana and session court enough in that case? is this true? Thanks
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

1. Can wife ask gold chain, ring and cloths given to me and my family in marriage under IPC 406. she made a list and she mentioned each n everything.

 

Please follow

THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985

 

 

http://wcd.nic.in/dowryprohibitionact.htm

 

(2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

 

so whatever present was given to you at the time of marriage is yours.

 

2.lawyer says that quash is not required in 498a as chargesheet is not made. quash from high court is required when chargesheet is done. mere taking FIR from mahila thana and session court enough in that case? is this true?

 

Quashing is not easy. Please apply for Speedy Trial with the certified chargesheet and FIR. Then the HC will direct the JM to dispose of the matter within 6 months.

 

Please read each of my posts carefully in the following links.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 
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supervisor

Dear Shri. Rocky sir,

Thanks for your Valuable information

Regards,

 
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Legal Evangelist - TRIPAKSHA

Hitby498a,

 

1. The items which you have listed are not part of Streedhan, however they can still be covered u/s 406 depends on the allegations. Also, Delhi High Court has brought it under the ambit of 406 when demand is shown for these items. I am not aware about other states.

 

2. Quashing of FIR and Chargesheet both are equally possible, but quashing happens on very limited legal grounds, now whether the same grounds are made out in your FIR or not can be ascertained by reading the FIR.

 

Regards,
 
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