Asked December 02, 2016

False dowry case

  • 2 Answers

Hi, I have filed case under Section 9 against my wife ( basically for being defensive ) for preparing ground work for divorce as they were threating us that they will file dowry case against my family as we didnt agree to pay lum sum money for settlement. The case is in the court from past 1 year (Bangalore). All court summon were rejected on basis of address not found, finally as per court direction, we published court notice in local news paper. After reading summon notice on paper they filed a Dowry complaint in Women's police cell against me and my family in local rajasthan place. I would request you to please suggest 1. What preventive measure can I take to protect me and my family. 2. How can I make my Section 9 case stronger against powerful Dowry case 3. How diffcult it will be to fight against dowry case as its judgment/power is more favoured towards women 4. How  inter state case will proceed in case of seeking anticipatory bail. I am the husband, from Bangalore, Wife is from Rajasthan, notice is served from bangalore family court too her home town place.

Answers 2

Dear Sir/Madam,

It is a very sorry state of affairs these days and also a trend to file frivolous and vexatious complaints of dowry. These aim at extortion of money from men by their wife. If you talk about Rajasthan in particular, the state leads in such malpractices. Such complaints filed in Rajasthan are maximum and most of the times baseless. However, as per your wordings, this is no different a situation.

Pointwise reply to your queries :- (in the same order)

  • No such preventive measures to be taken into account, because in a Dowry complaint in Women's police cell generally what happens is, there are opportunities given to both the parties to settle the matter mutually maybe by mediation etc. The said authority investigates the matter. The report of mediation is submitted before the cell and then they proceed to further register the complaint to be presented before the magistrate or not.
  • Talking about making your Section 9 case stronger against the Dowry case, one fact is prima facie in your favour – the date of filing of the dowry case is subsequent to the date of publication of your summons only and not before that. Also, if your wife is currently not staying with you, then it adds on to your advantage. 
  • There is a supreme court ruling in this regard, that goes in your favour. It says – “In a number of cases provisions of Section 498-A and Dowry Prohibition Act are being misutilized by disgruntled wives to harass to husband and his relatives of husband to get them arrested. Police officers directed not to automatically arrest a person where a case is registered under Section 498-A IPC, Dowry Prohibition Act - Arrest be made after some investigation as to the genuineness of allegation”.[1]
  • As far as applying for the Anticipatory bail is concerned, the provision lies under section 438 of Criminal Procedure Code 1973. This particular application needs to be submitted before the same court where the matter is pending.
  • Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

    [1] Arnesh Kumar Vs. State of Bihar  2014(8) SCC 273 

    Agree Comment 0 Agrees almost 4 years ago

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