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can i file cross case of dowry against my wife's family?
10-Aug-2023 (In Family Law)
Hello, My wife filed 498a case against me and my family with other criminal sections as well.
In her FIR it is mentioned clearly that they gave us huge amount of dowry because of my government job. And later me and my family were asking again more dowry.
Their first line states that they gave us huge amount of dowry including cash and other items due to my government job like it was compulsory to do so.
So, can I file FIR or case against them that because according to them they willingly gave us dowry first time?
Section 3 of The dowry prohibition act, 1961 make giving or taking the dowry an offence and punishment for it is specifief as imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.
However filing a complaint regarding the same can also make you co-accused in the same.
You have to proceed further carefully.
However filing a complaint regarding the same can also make you co-accused in the same.
You have to proceed further carefully.
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Adv. Shivam Sharma
Delhi | 100+ Answers
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Investigation in cross cases
Cross FIR case latest judgement of Supreme Court
What is counter case in Indian law
Difference between cross case and counter case
Case and counter case should be tried together
Two suits on same cause of action
separate trials must for cross-cases, rules supreme court
Respected sir
you stated that your wife file a false complaint against you and your family regarding the dowry while you are in government job .if you are not interested the pechup with the your wife then you can file a divorce case against them
you stated that your wife file a false complaint against you and your family regarding the dowry while you are in government job .if you are not interested the pechup with the your wife then you can file a divorce case against them
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Adv. Ravindra Kumar Panwar
Delhi | 200+ Answers
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If the amount and jewellery was given by their consent, that means that it is stridhan and not dowry. provided, you should never admit that you took dowry. because giving and taking dowry amounts to an offence. therefore, An effective defence is the requirement in your case and not the counter case. I would recommend you to take appropriate defence and get the matter discharged. There are ways we deal with matters depending upon the facts and circumstances of the case. Once you win the case then filing a case of malicious prosecution will be the best mode of operation in your case.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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