Use of RTI against 498A

[de369]

I am a victim of the Dowry Acts and the opposing party has claimed that they gave me huge quantity of gold in the form of ornaments to me ..and after reading the laws I realised that the burden of proof lies on me . Now there is only one way out of this . My father in law happened to be a serving government servant when he got his daughter married to me . So in case he claims that he had all this gold then he has to reflect it in his annual property returns . And after so many times the supreme courts have made vocal the point that the womens party misuse this Act why cant the government under the RTI gives me the copy of his annual property returns. If the document is there then either he will take back his allegation or since I will not be able to say anything to the court except a verbal NO ...or the courts will be able to have an insight into the problem and decide

[karira]

Have you tried asking for his annual property returns under RTI ?

Please go through the following threads and all the links given therein:

http://www.rtiindia.org/forum/search/searchid-30453/

[gaurav_bandi]

Hi Devashish

You are on the right track, You may also lodge a complaint to IT department to verify the source of income of your father in law since he has claimed huge sum being paid to you as dowry. After lodging the complaint you should ask the status of the investigation using RTI.

In case section 3 & 4 of Dowry Prohibition act is charged on you then you should ask the police through use of RTI the reasons for not naming your father in law and others in the FIR since taking dowry and giving dowry both is a crime. You can also choose to file a private complaint or an application under section 156(3) for registration of FIR against your FIL under section 3 & 4 of DP act once you have an answer from the Police in your RTI application

Regards

[fightin498a]

Originally Posted by gaurav_bandi

Hi Devashish

You are on the right track, You may also lodge a complaint to IT department to verify the source of income of your father in law since he has claimed huge sum being paid to you as dowry. After lodging the complaint you should ask the status of the investigation using RTI.

In case section 3 & 4 of Dowry Prohibition act is charged on you then you should ask the police through use of RTI the reasons for not naming your father in law and others in the FIR since taking dowry and giving dowry both is a crime. You can also choose to file a private complaint or an application under section 156(3) for registration of FIR against your FIL under section 3 & 4 of DP act once you have an answer from the Police in your RTI application

Regards

This could be a bit off RTI topic, but adding to what Gaurav suggested above, you can also file a petition in the court under section 319 of Cr.P.C. asking the court to initiate action against your father in law under section 3 of DP act, as he has accepted giving dowry (in any form).
Correction from Gaurav's comment: Section 4 of DP act would not be useful for you as its about 'demanding' dowry only, while 3 DP states that both giving & taking dowry is a crime.
Once you file this 319 and action is initiated under 3 DP on him, he'll himself come to terms and vomit out the truth in the court to save his own a**.

All the best!

[de369]

Dear Gaurav
Thanks a ton for the advice. Though the set of events will follow with the passage of time but surely those very seconds that you have used to tap the keyboard will help many gentlemen whose arms have been twisted by such draconian laws.
Regards
Devashish

[Krishna.vs]

Please do post any further achievements on the issues as it may help other know which process worked

[gaurav_bandi]

Well pls visit ipc498a.wordpress.com there you will find winning stories of all those who have successfully registered case against the wife under section 3 & 4 of DP act

[mahen]

i think IT department not help you. becouse yr father in law is very claver they choose gold ornament and in court IT return can not major help you. they will say that the gold was recieved from his grand mother so what you do ?
the right way is as FIGHTIN498A. & gurav bandi told. is their any reciept sign by you or your father or any photo of that gold ornament? if no then you totaly refuse their claim.