As per the Dowry Prohibition (DP) Act, a list of gifts given to either bride or bridegroom by either side has to be maintained in a list of articles. So there are supposed to be 2 lists really. That’s the theory, but for all practical purposes no one at time of marriage is trying to follow the DP Act to it’s letter, so this law is followed mostly in breach and it’s a useless law for all practical purposes.
Here are the various possibilities about the jewellery bills shown by wife/in-laws to CAW, court etc:
1. The bills are real, and all the jewellery corresponding to those bills was actually given to wife at time of marriage. In that case, all those will be her stridhan. Very rare though since most people filing 406/498A etc are doing it not to get back anything, but take lot of your money. 93% acquittal rate in 498A — that’s the proof.
2. The bills are real, but the jewellery corresponding to those bills was never given at time of marriage. That’s a likely scenario, because the bills may belong to jewellery bought for anyone in wife’s family. And unless the bills are dated at a later date than wedding (though gifts can be given later too), it’s difficult for you to disprove that those were not given. Anyway the general principle of law 99% of the time is that the accused doesn’t have to disprove the allegation, but the accuser has to prove the allegation. That’s in theory, in practice, the divorce industry and the System has found clever or even downright stupid ways to trap, snare, misguide, scare the husbands and their families about bail, criminal cases, police and so on that many people don’t even think of these possibilities in a cool-headed way.
3. Many or all the bills are fake. Basically wife’s party has got those bills made from some jeweller known to them or by paying some commission. Many Indians do transactions in cash only, so the jeweller could easily create such bills without getting into problems related to tax paid, and so on.
Scenario number 2 has to be handled by denying, denying, denying continuously and steadfastly. I know of many people who are paying up deposits in courts as a pre-condition to get bail in 406. Here’s the news for you: consider that deposit as gone forever, and the System will try it’s best to extract much more on top of that deposit to grant you that ‘how to get out of these cases’ ‘mutual’ divorce with settlement to wife. Simply because you agreed to this conditional bail which is against all logic and common jurisprudence, but maybe matrimonial cases run on an entirely different form of logic not known anywhere except in Indian courts!
Read my book on how to save on maintenance under CrPC 125 and DV Act. (Kindle eBook version) (Print Paperback version)
Download my free PDF eBook Surviving the Legal Jungle
Don't be a lone ranger... JOIN our Facebook group to connect
Read this FREE eBook written by fathers involved in child custody issues (Read Online)(PDF book)
Scenario number 3 can open up possibilities for those who think a little outside the box than constantly asking and worrying about “how to get out of these cases”. Because bills being fake can mean that taxes (Sales tax, VAT etc) on those bills may not have been paid, the goods delivered in those bills may not have been delivered in the first place to jeweller. An RTI to sales tax/VAT department may do some wonders and might prove those bills to be fake or made at later date. The receipt/serial number on the bills will not match up with the usual other bills given to other customers at about the same time. Basically, the jeweller himself should be made a respondent/witness for yourselves and you need to cross-examine him. I see no harm in cross-examining because if he is able to prove true his fraud bills, then you are in a mess anyway whether you call him as witness or not. If you don’t call him as witness, then the court may think that since you didn’t cross examine a crucial piece of evidence, it means you are unable to refute it’s validity and that evidence (the bills) must be true. Use of RTI on jeweller’s sales tax, other license etc can also be tried.
Scenario number 3 opens up possibility of filing Tax Evasion Petition (TEP) on the ‘innocent’ father in law, who maybe needs to be given the joys of being on the receiving end of the law himself.
guiltinbuilt says
May 20, 2016 at 3:23 pmHi Mr. Videv
Indeed, its kinda like a boon to spoon in the encyclopedia you depicted through this very website of yours. All hopes, and rescues were seeming to gone unless i just happened to visit your boosting website, many thanks ye..
Still, i know the fight is tough enough, but wont give up. Hope, your invincible domains pertaining to RUHI’S nerdity would have made her RUHASI???????? in here.
May you advise me for my matrimonial dispute?
Story is almost same in genre as of others.
ruhi says
March 9, 2016 at 8:15 pmMany Clever men reading these posts think they can escape after taking the dowry but guys best way is be a REAL MAN…. Do Not take gifts Do not give gifts tooo valuable…. If you are wanting to get out of a marriage for your highly unreasonable reasons think again…. Be a MAN.. once you have married take responsibility for the same…. Go talk to your partner don’t treat her like an object if you are doing so.. You are in INDIA…. When you leave a poor women alone after marrying her you think you are the man.. But you are no more a loser.. Guys Think well and treat her well…. Good Luck.. Save your marriages stop listening to those negative people who are telling you that you are correct in leaving a woman.. There are ways of compromise between both of you go and get that settled.. May god give you good thoughts..
videv says
March 10, 2016 at 10:35 pmOh heloooo once again, we are in INDIA… where women want max ‘dowry’ to be given in marriage, a wedding ceremony worth remembering lifetime no matter how much of money (definitely not their own) gets spent on it; and then want to cry ‘dowry dowry harassment’ for things which were routine gifts given in marriage.
Stop cribbing and start living, and stop being a parasite on husbands and society.
ruhi says
March 12, 2016 at 1:58 pmHelloo’zz!! 🙂
“””Im well against wrong men not right”””
We are in India true..
And its male dominated.. Male’s marry uproot a girl of her family & implant them in their houses least they think once also that nowadays there are soo soo many families with girl child’s only and they don’t give a damn to where the old parents of these girls will go..
Now about routine gifts well calling dowry routine gifts shows our mentality that arre Lena dena to chalta h shadi me.. Larki le rahe h kuch lenge kyun nhi.. We sometimes don’t demand but our expectations don’t lessen we still expect gifts after all its a routine.. 🙂
Regards to being parasite being a SON YOU GIVE MONEY TO YOUR PARENTS SO YOU ALSO ARE CALLING THEM PARASITES MIND IT.. if parents are your responsibility so are your wives..
And you take dowry and feed of dowry money so that makes you a parasite too.. 🙂
With all good intentions As regards society well Mr men are biggest parasites of society for feeding on society’s daughters.. You marry you uproot her to take her to your house and then leave her.. What is that????I guess iv welly explained my point.. Need further explanation to debate.. Hope not.. God bless you men with good thoughts and intentions.. More you give support to wrong men more divorce cases we shall see.. Please and please think of repairing not damaging.. GIVE THESE MEN SOME GOOD THOUGHTS AND REMIND THEM OF THEIR RESPONSIBILITIES.. There should be marriage rehabs.. Mens right india you should also work towards repairing homes.. Soo so many children who are getting devoid of either one of parents and dont get to see a happy home.. Help India to lessen divorce cases.. “””A genuine request..”””
videv says
March 12, 2016 at 2:48 pm>>Male’s marry uproot a girl of her family & implant them in their houses
women have choice not to marry, or find a husband who is willing to uproot and get implanted into woman’s house. Oh wait a minute! Huge problem now… women don’t have any desire to earn for 20 years, save money, take loans, build houses; they are more interested in getting uprooted, getting implanted and asserting their rights on husband’s house! And also cry-bully at same time about “getting uprooted, implanted etc”. That feminist ‘logic’ doesn’t work here.
>>if parents are your responsibility so are your wives..
Parents have something to show for that right, a child raised into adulthood… whereas most wives who are asserting that right these days have nothing more than marriage certificate and the force of misused laws.
>>Help India to lessen divorce cases.. “””A genuine request..”””
We are trying, but what to do: Indian women file 85% of divorces. Maybe you could take some initiative in educating the sisterhood instead of commenting on our posts here.
http://archive.tehelka.com/story_main43.asp?filename=hub311009the_rearranged.asp
ENJOY THE TRUTH! In any case, stop commenting further.
498a_Fighter says
November 4, 2016 at 10:04 am@Ruchi, your thinking is one sided. I am not denying to the scenario you are putting up but these days the fact is that women enjoys equal freedom as men was.
Regarding marriage, yes women is mostly responsible now. They plan, execute and extort. Their entire family and system supports them. The only reason women is not behind the bars is the time it takes to get a small piece of justice in this country. What a Shame!
PRASHANT says
December 17, 2017 at 8:57 amI agreed