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Tuesday, May 26, 2009

File cases for giving dowry

In most of the 498A complaints lodged against husbands it is found that the girl's family says, " We gave X amount of dowry" added with the allegation that it was demanded. However, dowry giving is also an equal crime as per Section 3 of the Dowry Prohibition Act, 1961 as much as abetting it is. Even witnesses give their statements that they saw the dowry being given.
Please remember if there is a case against you and your family for demanding and taking dowry on the basis of the statements given by complainant wife and her well-wishers, then a similar case for giving and abetting also needs to be registered against the complainant wife and her well-wishers for being parties to giving dowry and abetting its exchange.
Some key points to be noted however,
1. Filing a case for "Giving Dowry" against complainant wife and her well-wishers does not mean tacit admission of "Taking Dowry" because there is a difference between giving and taking. For taking to happen, giving is a mandatory condition but the reverse is not true. For all practical purposes the dowry could be offered by dowry givers and the people offered can reject to take it. However, in this case the crime of Dowry Giving and Abetment of Dowry giving has happened and the people involved therein need to be prosecuted for this. 
2. For the 498A cases mentioned, there is prima facie evidence available in the form of "Voluntary Confessional Admission" by the complainant wife and her well-wishers that they gave dowry.
3. Although Section 7 of the Dowry Prohibition Act, 1961 does provide immunity to the complainant against prosecution but remember, that the immunity is available only in that instance of Dowry Prohibition Act, 1961 under which case of "Dowry demand and taking" is running. This means that we cannot arraign the accused in the same case under section 319 of the CrPC. However, nothing stops the husband from filing a new case based on their confessional admission. And in that case the husband (complainant herein) shall be provided the immunity.
Keeping in mind all these points, all the husbands who are facing false allegations of dowry demand and dowry taking against them have a moral bound duty to get the Section 3 of the Dowry Prohibition implemented in its entirety in letter and spirit.
So all dear husbands, rain on the system with complaints that you came to know that you have taken dowry only via the FIR on you and file cases for giving dowry to you as per their own admission. The society shall get back from husbands what it has given them.


Landmark judgement & precautions before file DP3

Posted by: "Sanjay Dhupar" 

Wed Mar 17, 2010 12:06 am (PDT)




Dear all ,
 
On Based upon lot of discussion with my all siffins's friend like Mr Virag , Ajay Reddy , Sukhant , Rajesh , Nitin Dixit and may more.....also some friends from judiciary , please let me note down some points for sucessfull filing DP3 to your sweet wife & cheering FIL , BIL ...so on 
 
1) Read carefully all "affidavit" which are filed against you in any cases.
2) Catch the line , in she write that "Dowary is given via her father,mother, brother so on....."
3) Dont think that above line is sufficent.
4) Keep in cool way & have patience up to cross examination in court.
5) It is the best way to do cross exam her by you not by lawyer to keep her under mental  
    tension.
6) When u cross exam her by smiling face , you should tackle on that way that she will accept all lines what she was saying about dowary given .
7) Now u are in 100 % winning position.
8) Just get the certified copies from court of crss examination
9) Now u file DP3 application to police along with certified statement of her in court and as well as "affidavit" in courts.
10) Poilice definetly do not act properly .
11) Wait for 30 days .
12) File your application to the court under 156(3) and attach supreme court citataion which i provide the link below 
http://www.sendspac e.com/file/ ompnh2

under this citaion , sc says that two FIR  can be launch on same case. If she suppose already file 498A  agianst you this citation help you.
 
So ab to haso aur keep smile & go ahead to win against this legel terrorism  
    
 
 
 
 

http://www.sendspac e.com/file/ ompnh2

Sanjay Dhupar
Ph-0751-4070523, 94253-08423

17 comments:

Swarup said...

Along with that the extrotion, threat to harm or injurey, cheating IPC also to be attached.
Certain items to be mentioned as they had given dowry , inspite of your refusal.
The best is , before she move to complin , people are pre 498a stage , aslo their demdna of dowry in the form of money and property form husabnds family.
read the dowry law :
2. Definition of ‘dowry’.- In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly.

(a) By one party to a marriage to the other party to the marriage, or
(b) By the parent of either party to a marriage or by any other person, , to either party to the marriage or to any other person,

At or before [(Note: Subs. by Act 43 of 1986, sec.2) or any time after the marriage] [(Note: Subs. by Act 63 of 1984, sec.2) in connection with the marriage of the said parties, but does not include] dower or mahr in the case or persons to whom the Muslim Personal Law (Shariat) applied.

(Note: Explanation I omitted by act 63 of 1984, sec.2).

Explanation II- The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).

Swarup said...

3. Penalty for giving or taking dowry.- [(Note: Section 3 re-numbered as sub-section (1) thereof by Act No.63 of 1984, sec.3) (1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]

Provided that the Court may, for a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years.]

(2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub section (1) shall apply to, or in relation to, -

(a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf).

(b) Presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf).

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act.

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given .

Anupam said...

I discussed the possibilities of filing anti dowry case with my lawyer and we went through this page too. He is a very senior lawyer and he was not convinced. As per him, this can be perceived as implied confession by judge. In fact, then another senior lawyer joined the discussion and he was not convinced either. As per them, even if case can be filed against in-laws, that will also make you convicted and this while process and arguments (like 'reverse not true' mentioned above) is not worth giving the try.

Any more insight please with exact case details where this was successful.

Mukesh_Soni_SIFF_amb said...

Hi Anupam
giving dowry is the same crime andd case can be done easily.
Most of lawyer doesn't know bcoz they didn't work on it. if u want , I will send to u DP3 kit and show to ur lawyer then see same lawyer will say - yeas, we can do this

mukesh Soni
9899005482

LIFE@75 said...

Hi! MUKESHJI,
kindly send me the dp 3 kit, if u have, i m going to file dp 3 against my wife and her family for giving dowry to me. i need your expertise and knowledge before filing this case. so, plz. send me the kit as on my email:- theedge06@hotmail.com
my.mob. 8055954823
nagpur, sif chapter.

Unknown said...

Hi Mukesh Soni,

Kindly send me the DP3 Kit.
The Dv case is going on in coimbatore, but we are living in bangalore, she also working in bangalore, falsely case was filed aganist all the family members. i am the father-in law not present in India even during the period.
Request you to send the DP3 kit .
My email :- saunmuga@gmail.com.
Mobile :- 9632928118
R.S.Sundram.

Anonymous said...

Could you please send me the DP3 kit to my mail id: helloraj@india.com

Regards
Rajesh

Anonymous said...

Can you pls send me the DP3 kit..i also want to file Dp3..sinhyogendra@gmail.com

Nkp said...

Hi,
I want to file FIR under DP 3 act but my lawyer is not convinced. Please send me dp3 act kit so that i can file FIR and convince my lawyer as well.
My email id: narayan.kr.pandey@gmail.com
Mob: 8420194184

jos said...

The provided link at the end for the citation quoted for filing to FIRs in one case is showing as file missing or not available...pls do upload the file at link...or I shall b very much greatful to u if u send it to me directly...pls help me...my mail-dr.joseph377@gmail.com

jos said...

Send me that dp3 kit that will help my family a lot...
My mail id-dr.joseph377@gmail.com

jos said...

Send me that dp3 kit that will help my family a lot...
My mail id-dr.joseph377@gmail.com

jos said...

The provided link at the end for the citation quoted for filing to FIRs in one case is showing as file missing or not available...pls do upload the file at link...or I shall b very much greatful to u if u send it to me directly...pls help me...my mail-dr.joseph377@gmail.com

Unknown said...

Sir, please send me the dp3 kit. Im a siff member from chandigarh. Email id: Abhisheksharma1280@gmail.com

Harish said...

Sir, please send me the dp3 kit.please help me. My Advocate also not convinced.
harish3446@gmail.com

Unknown said...

Please send me dp kit sr

Unknown said...

Send me dp 30kit