Monday, March 14, 2011

LEGAL ADVISORY SERVICES

Dear Blog Visitor,

The legal advisory services are for a purpose to provide support to such persons who are entangled with the legal process and has no ideas to how to meet the challenge.We have the support of Legal Experts in the field of Criminal Cases specially dealing in 498 a IPC, Dowry Prohibition Act, Domestic Violence, and Section 138 of Negotiable Instrument Act ( N.I. Act ). The advice on the status and further stepping required to handle a legal proceedings are for Free.

Some of the reports of news papers and decisions held by different Hon'ble High Courts in India now made it clear that there is a chance of Misuse of legal process and in such a situation most of the persons fell in deep trouble only due to improper guidance from there so called well wishers or advisors. However the chance of establishing a legal process can be minimized by a proper defense at initial stage of legal proceeding.

In a matter of 498A/506/323/34 IPC. the Legal Councillor for this portal Mr. Vinod Kaushik took the matter before the Hon'ble Court and got the orders to lodge FIR against father of Girl with five others to  "Give Dowry" under section 3 of dowry prohibition act. The matter was circulated by Mr. Kaushik and it is as under for the reference:          




PRESS RELEASE
REVERSE DOWRY CASE - AGAINST THE FATHER, GIRL &
RELATIVES FOR GIVING DOWRY & ABETMENT TO GIVING
DOWRY

How civilized and educated we may pause to be but still we hear
umpteen number of dowry cases getting registered daily. Despite
having a very strong judicial law i.e. “Dowry Prohibition Act”
nothing much has come into action. One of such bizarre dowry case
where an FIR has been registered at PS: Chaturshringhi, Pune
(Maharashtra) against the bride’s father and five other relatives for
giving dowry and abetment to giving dowry, on the complaint of
father of a Noida based Software engineer.


His contention: Giving dowry and abetment to giving dowry is
as much an offence as receiving it.


Demanding or Taking dowry is a crime, so is giving Dowry. In a
first of its kind in the state of Maharashtra, a Noida‐based software
engineer Neeraj was arrested by Chaturshringhi Police for a false
allegation of demanding dowry and had been in custody for eight
days, was later released on bail. His parents obtained anticipatory
bail from Bombay High Court. Neeraj submitted a complaint to the
Chaturshringhi Police Station on 16/04/09 against the wife and her
relatives for giving dowry and abetment to giving dowry but the
Police refused to register the FIR on the plea of jurisdiction, since
the marriage took place at Ujjain.


After receiving a reply through RTI application that his complaint
has been closed and sent to record on the pretext of Jurisdiction,
his father filed a case U/s 156(3) before the Ld. JMFC Court No‐9
Pune, against the daughter‐in‐law Madhvika, her father & four
other relatives, saying that she had mentioned in the FIR that, “her
father gave all kinds of dowry articles in her marriage as per his
capacity” and for the second time in an affidavit before the Ld. Addl.
Session Judge Pune with the sole motive to object the anticipatory
bail of her in‐laws said, “My father gave 15‐16 tolas of Gold in her
marriage to her and a few tola of gold to her husband and in‐laws.
While her father & mother mentioned in their written statements
U/s 161 before the Inquiry officer Mr. B.A. Kamble that they had
given following dowry articles in their daughter’s marriage and all
the dowry articles were sent to Pune by a vehicle after 15 days of
marriage. Not only this, three of the bride’s uncles (Chacha & foofa)
also mentioned in their written statements U/s 161 that they were
present in the marriage with their families and sufficient dowry
was given by their relative in the said marriage. Neeraj separated
from his wife Madhvika within five months of the marriage.
Madhvika filed a false complaint at the Mahila Thana Ujjain, which
was later transferred to Chaturshringhi Police Station, roping in the
entire family U/s 498A/506/323/34 IPC read with Section 3&4 of
Dowry Prohibition Act.


Not to take it lying down, Neeraj’s father filed a complaint against
them. “My daughter‐in‐law says her father had given dowry as per
his capacity, which is illegal. But it’s equally illegal to give dowry. So
I have filed a case against her father and other relatives.” He said.
“We have not taken any dowry, never demanded any dowry, what
ever gifts were given by her parents and relatives, were sent to
Pune after 15 days of marriage but they have filed a false case
roping in the entire family. We are shocked at the steps taken by
our daughter‐in‐law and her family, while the marriage was
solemnised with a Kanyadaan of 11/‐ rupees. I read law books and
filed the case. This is our answer to the daughter‐in‐law and her
relatives, who filed false case against us.” As per the law, giving
dowry is as much a crime as demanding it. Hence, it attracts equal
punishment under Section 3 of Dowry Prohibition Act, 1961.
Police records and statements clearly establish that there was no
demand for dowry but they alleged to have given Dowry as per
their capacity. The case has been registered at PS: Chaturshringhi
on the order of Judicial Magistrate First Class, Court No‐9, Shivaji
Nagar Pune. Neeraj said, “The misuse of Dowry Prohibition Act and
Section 498A should be stopped or it can get many innocent people
into trouble.”

WIFE’S CHARGE


Madhvika filed dowry harassment case against Neeraj on July 04,
2008. “I was harassed mentally and physically by my husband
and his parents. They tortured me for dowry. They asked me to take
a loan of Rs. 30 lacs on my salary for buying a house and warned
that if they don’t get money, I would be sent back,” said her
complaint. Madhvika has alleged Neeraj and his parents had
assaulted her for more money. “I was feeling insecure,” she has
said. Neeraj, however, denied all these allegations. “I have already
said all her allegations are baseless. How can my parents assault
her when they are living 2000kms away at Noida and never visited
to Pune during these five months. She did all this because she
siphoned off the entire salaries to her parents on one pretext or the
other and it came to my knowledge. Can a husband tolerate, his
wife spending entire salary on her parents and that too without his
knowledge?


SHORT MARRIAGE


Neeraj and Madhvika married on January 26, 2008 at Ujjain.
Neeraj is a software engineer and was working with TCS, Pune. She
is a SAP Consultant at Cognizant, Pune and was staying with her
husband at Aundh, Pune where Neeraj had taken a flat on rent.
Neeraj’s parents were staying at Noida and never visited Pune
during these four months. “I loved her very much and managed my
transfer to TCS Pune so that we can spend a happy life a month
before marriage but she had never been faithful,” said Neeraj. She
filed a false dowry harassment cases against him and his parents.
“Now she has filed a divorce petition in Ujjain Court asking for the
given dowry returned to her while it is an admitted fact that I left
the flat in a single dress leaving all the articles with her in the same
flat” he said.

(Vinod Kaushik)
Email: kaushik.vnd@gmail.com
Mobile: Withheld (Can be given on request)

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