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What to do if the dowry case is still filed from 20 years
31-Jul-2023 (In Family Law)
My uncle got married in 1998 but he was not ready to accept the bride,it was arranged marriage as per local society. after few years the mother in law of my uncle filed a case of dowry against my entire family including My grandmother,My father,my mother,my next uncle & aunty.The time past & my uncle accepted the bride.They started living together & they have two son 10-5 yrs. but my aunty did not take down the case still now. Now as it happens in every family there arises some family dispute of property & being the separation of the family since my father is 3 brothers. Now every one of them is living separately & together with their family (wife) happily. But my aunty is not taking down the case due to dis family matter since she z of poor thinkin, illiterate & nasty mentality. The other family members r very much dippressed becoz of dis harrasing situation.We are in Delhi & d case z filed in bihar, we have to go every month in bihar & we cant afford legal & other chagres.plz suggst
In you case it would be better if you approach High Court for quashing of the case against you stating the above case .In Bihar or other part of this county case move in snail speed without much happening.High Court is the place where remedy lies.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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The case is filed by only mother in law of your Uncle .All of those against whom the case is filed can jointly file a Transfer Petition in Supreme Court of India in Delhi for transfer of case of dowry pending in court in Bihar to a court in Delhi under Section 406 of CrPC .The other option is to file a petition under Section 482 of CrPC in the High Court of Bihar or Delhi for setting aside the complaint for dowry ,by stating that husband and wife are living together happily and thus complaint filed for dowry by mother in law being false and filed for harrassment be set aside .For filing petition in Supreme Court ,you can visit office of legal services autority for middle income group in room number 109 in Supreme Court chambers ,where advocate will be assigned to you by paying nominal fees .After stating facts of your case ,which you can put in writing giving details from year 1998 and showing documents ,you can confirm whether Transfer petition should be filed in S Court for transfer of case to Delhi or case for setting aside dowry complaint should be filed in High Court of Bihar or Delhi .The persons against whom case is filed will become petitioners and mother in law of your uncle who has filed dowry case will become respondent in both the above options.Any of you can go to S Court with a note about facts of case and as per suggession given by advocate there, can proceed further ,which will help in solving your problem .
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Adv. Rajiv Mehta
Delhi | 100+ Answers
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It is unfortunate that the case is pending since long. Your uncle may approach the Hon'ble High Court for quashing of the dowry proceedings. In case his wife supports him, her affidavit can also be filed while filing a case for quashing of the dowry proceedings. If does not get justice from High Court, he may approach the Supreme Court, against the High Court Order.
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Adv. Shashi Kiran
Delhi | 25+ Answers
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