Kawa (Crow) bole (screams) CAW CAW ..... Mahila Thana

CAW CELL a.k.a. Mahila Thana

15th Sept 2012, Saturday.

Another day at Patiala House Court Complex Lawns.

What makes this place special? Yes, it is the venue for the weekly meetings for the Delhi Chapter.

Venue which sees various NGOs from Delhi working, talking, advising, helping together, each other.

15th Sept, the COMMANDO TRAINING SESSION was done for the First Ray of Hope (of coming out of a bad marriage), CAW Cell.

CAW = Crime Against Women Cell (Hindi: महिला थाना)

Trainers were RB, SK, NSD, VA and NA

These 4 trainers gave insights about what is CAW cell and How to Handle CAW Cell.

With inputs from RV (Nagpur) and thanks to DN for the Video, please find the below blog covering all of it.

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COPY OF THE DOCUMENT "HOW TO HANDLE WOMEN CELL"

Author: RB (Below document is in reference to process followed in Delhi)

In case you want to Patch up /compromise with your spouse, it’s nice idea for the bright future, and then you don’t need to read all of this.

If you don’t have other option than fight, so before fight you should know your enemy.

Who is enemy?

Our biased Law is our enemy. So you have to prepare about it.

What is women cell/CAW?

Crime against women cell is department of Police who accepts complaint specific to women. Cell Proceedings Are Voluntary:

Delhi HC in two consecutive ruling has held that the proceedings of the CAW cells are voluntary. They have ower to enforce an appearance. Justice Dhingra quote: “It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell.” link to the judgment/order is given here: (http://tinyurl.com/2gf5wo)

When you get first phone call from CAW cell. Ask them politely to send notice for appearance. Receive notice and put date/time of receiving.

Most probably the policewala will be in civilian clothes so as to avoid creating suspicion in the mind of your neighbors (How nice of him). He will carry a request letter from the ACP/DCP of the CAW cell and “Requesting you to join the investigation in CAW cell”. Mind it – it’s a request not summon. Also remember it’s a request to join mediation proceedings and as per law the mediation is a voluntary activity and cannot be forced upon any individual.  DO NOT panic. He is not going to arrest you. Read the Request Notice carefully. It should never say any words of compulsion. It will be a request only to join the mediation proceedings at Women cell. When you are asked to sign on it for receiving-Make sure you put TIME along with the date. Ask the policewala for the number of the IO-investigation officer handling your mediation. This will help you in case you need to inform him/her about change of plans from your end.

Go there as innocent person. Only listen there, they will ask to give statement in writing.

Mention like “you have attended to provide full support in enquiry and ready for any kind of counseling to save the marriage. Also write in same latter to request copy of complaint as person complained against has right to know the nature of complaint made against him, particularly when the respondent has taken action on the complaint filed with them. Sometime they let you read. In case they don’t, mention in the statement that you have not allowed to see the complaint. Let them understand without knowing anything how you can give any statement.

Contact  librapisces007@yahoo.com for RTI reply in which CAW has agreed to provide receiving confirmation on statement copy given to I/O on each counseling date and they also allow reading the complaint. Take hard copy of RTI and in case I/O don’t allow show him/her. Don’t sign any paper or even their noting without reading. Sometime they ask you to sign against date and tell that they will fill later. DON’T sign on such noting at all. You have right to deny.

In Second or third hearing they will give you Istreedhan list provided by lady and will ask you to you provide your admit list against streedhan list. Accept only if same has been signed on each page by complainant. Take a copy of Streedhan and make a RTI and submit to PIO.

Visit http://rtitemplatesfor498a.blogspot.in or Contact librapisces007@yahoo.com for RTI format.

In case you have kid mention in each statement that you are concerned about your child and request I/O verbally and in written that you want to meet the child.

RTI  to women cell for complaint copy  - After fist hearing in CAW cell. For complaint copy. Also attach CIC decision “Case No. CIC/SS/A/2011/000350” with RTI

RTI to Women cell for Comply circular with complaint - After 2^nd hearing or after

Receiving of streedhan list

Points to remember.

CAW cell is only for women. They will not listen you. But they will show as they are taking your matter seriously.

No need to show any proof there. CAW cell never accept any proof from husband side.

CAW cell always give to you 3 options.

Option 1 -   Agree with Wife’s condition and live with her

Option 2 – Agree and Give money to wife and take mutual Divorce

Option 3 – If you are not choose any one option from above, they will recommend for

FIR.

Remember always Women cell works like an extortion cell of Wife.  If women cell is agree with you completely, then also they will recommend for FIR on basis of Wife’s statement.

Meaning :  CAW cell is a play ground for wife , where she play extortion game with the help of law. And CAW cell will do same what ever wife says.

So , With the help of RTI’s Crash CAW cell.

No need to take your parents along with you at CAW cell unless they are specifically summoned. We would suggest taking any friend/male relative that is not named in the complaint as they would not allow entry and he will have to stand outside of premises.

Comments to put at the time of of receiving list-

"Received XX no. of sheets of A4 paper as list from Smt XYZ which is not in accordance as per Rule 2 of D/P act and not even indexed, So that one can file reply. Please ask complainant to provide proper list with proper bills.

Reply of Istreedhan list

Comments on List Submitted by Smt XXXX

Note:  The list is NOT in accordance with the law, as no list was prepared at the time of marriage which is mandate of the section 2 of Dowry Prohibition Act 1961. Even gifts mentioned as given to bridegroom and his family is not segregated. The undersigned is still offering his comments, despite the list being bad in law, to aid the IO towards reaching a logical conclusion and to ensure that the false and fabricated list furnished by Smt. XXXX does not cause any miscarriage of justice to the undersigned.

This is NOT the admit list by undersigned.

Istreedan received at the time of marriage and afterward also for Mrs. XXXX was always and is under her possession. She has already taken her clothes, jewellery and other costly items at the time of leaving her matrimonial home on MENTION DATE. However she has left few articles at her matrimonial house which are listed below and undersigned is ready to return with proper bills and prior information but he doesn’t want divorce and want to settle the matter amicably.

Left over articles:

Mention here her left over articles which you want to give

FAQ on admit list/AB etc

During repeated RTIs with the Delhi Police CAW Cell on the compliance of circular 07/2007, It has been observed that the CAW Cell is using the plea that since the list of stridhan stands accepted as soon as the Husband submits his admit list and hence husband losses the right to ask for compliance of List of Stridhan. 

Question? Couple of days back, i have submitted admit list, with covering letter mentioning specifically that the list submitted by 498a girl is not as per the DP-2, & is false, kindly arrange for list as per rules duly supported by tax paid bills / valid payment.

Will this help?

 

Admit list is the list submitted by husband in response of exaggerated list of stridhan submitted by wife. The police asks you to submit your version of list , now there is a great trick involved here. If you straight away provided the items you are having or items actually given by them, then this means you are allowing the list of stridhan submitted by wife and means THERE IS NO ISSUE REGARDING LIST OR THIS IS THE LIST THAT MIGHT BE GENUINE ACCEPT SOME MISTAKE.

But if you file your reply stating that List is false as it is not as per Rule 2 of dowry prohibition Act and police officer who accepted and given it to you then this means wife in connivance with police officer violated the rule.

So This practice should be stopped immediately.

Yes , what you did is correct, now insist on real list i.e. as per rule i.e. the list which should have been prepared at the time of marriage if she fails and still IO insists that means he is violating the rule and promoting the wrongs.

The Circular nO. 07/2007 and other relevent circulars are available on group page. Else contact librapisces007@yahoo.com for copy

Q. How can I know when FIR will be registered?

Ans. After failed mediation, I/O will take you to ACP. Means that is the time of FIR.

Q. When should I apply for AB?

Ans. File for AB after 2-3 hearing in CAW cell (Advice is for Delhi only, However get case specific advice after first hearing). Getting the AB will be another eye opening scenario for you as there you will be face to face with your outlaws who will leave no stone unturned to get your bail application canceled/disposed. 

Q. How can I know when FIR will be registered?

Ans. After failed mediation, I/O will take you to ACP. Means that is the time of FIR.

Q. We have reached to settlement in CAW and they are making agreement for the same, Is it valid document?

Ans. Yes.

Join local meeting. Every case is unique. There is not a set plan for all cases for fight.

Happy CAWing…………….

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IMPORTANT DOCUMENTS & FORMATS

CIC Judgment on Husband to get Copy of the complaint:

https://docs.google.com/open?id=0B4NgxSoAagBZeld3YmhQblp2Q0U

Guidelines for the investigation of Dowry related cases:

https://docs.google.com/open?id=0B4NgxSoAagBZcUR1OU4yZnpLTDA

HIGH COURT INSTRUCTIONS REG. DOWRY CASES:

https://docs.google.com/open?id=0B4NgxSoAagBZblpZZUI5bm5RQ3M

GUIDELINES FOR ARREST:

https://docs.google.com/open?id=0B4NgxSoAagBZZjhUdzdKM2NXMzQ

Generic 406 RTI Format and Reply:

https://docs.google.com/open?id=0B4NgxSoAagBZRVd4U2tBWDBHVWM

406 RTI about Streedhan List to be as per DP2:

https://docs.google.com/open?id=0B4NgxSoAagBZOWNUd2ZOZWplR0k

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VIDEOS of the Session

PART 1

PART 2

PART 3

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LINKS to FEW IMPORTANT BLOGS:

http://ipc498a.wordpress.com/2007/08/12/delhi-hc-no-coercive-action-can-be-taken-by-the-caw-cells/

http://legalmanthan498adowrymisuse.blogspot.in/2010/08/delhi-hc-ncw-to-compensate-for.html

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JUDGMENTS RELATED TO CAW CELL

In Raj Kumar Khanna v. The State (NCT of Delhi) and Ors.; 2002 (1) JCC 327, The Hon’ble Delhi High Court has held that Police Headquarter framed the procedure to be followed by the C.A.W. Cell with the intention of preventing abuse of the process of law but in this case police committed abuse of the process established by its Commissioner. No attempt was made to resolve the difference between the spouses or no efforts were made to bring about amicable settlement for which purpose Crime against Women Cell was created. This cell is meant to safeguard the marriage and not to ruin it by registering case immediately on the asking of the complainant. Once an FIR is registered it becomes difficult to solve matrimonial tangles and things reach such a pass that it cannot be restored back.

In Crl. M. No.9052/2007 and W.P. (Crl.)1045/2007, the Hon’ble Delhi High Court on 13/8/2007 has held that this petition has been filed by the petitioner with a prayer that the conversation recorded by the petitioner between his father and the father of the respondent should be heard by the CAW Cell and should be made part of the investigation. The Hon’ble Court has held that it considers that CAW Cell has no power to investigate the crime. It is not a police station where First Information Reports get registered. Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The investigation can also be done by CAW Cell if it is referred to it after registration of FIR. Since no FIR has been registered in this case, no directions can be given to CAW Cell for investigation. The petition is infructuous and is hereby dismissed.

In W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07 on 10.8.2007, the Hon’ble Delhi High Court has again held that It is stated by the counsel for petitioner that CAW Cell was threatening the petitioner for appearance. It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties it shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell. No further direction can be given by the Court in respect of respondent No. 5, who according to the petitioner has refused to accompany him. It is alleged that she was living under the influence of her parents. Earlier when she appeared in this Court, she was living with the petitioner. She refused to meet her parents at that time. If the respondent is such an immature lady that when she comes under the influence of petitioner, she refuses to meet her parents and next time when she comes under the influence of her parents, she refuses to meet the petitioner, the Court cannot help the petitioner. The petition is disposed of in above terms.

The Hon’ble Delhi High Court has held State. Crl.M. A. No. 8813/07 in W.P.(Crl.) No. 1009/2007. The parties were referred to CAW Cell where CAW Cell after making enquiries, came to the conclusion that it was not a case of cruelty or harassment on the part of the husband. The CAW Cell recommended a Closure Report saying that no case is made out against the husband or family of the husband. After this recommendation, respondent no. 2 made an application under Section 156(3) before the learned Metropolitan Magistrate. Learned Metropolitan Magistrate without giving any reason as to why he considered that a case was made out, ordered for registration of an FIR. I consider that it is a fit case where operation of the order can be stayed. The operation of the order dated 3rd August, 2007 wrongly mentioned as dated 30th July, 2007 is stayed. Trial Court record be called.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

13.08.2007

Present: Mr. Vinay Singh, Advocate for the petitioner.

None for the respondent.

Crl. M. No.9052/2007 and W.P. (Crl.)1045/2007

This petition has been filed by the petitioner with a prayer that the conversation recorded by the petitioner between father of the petitioner and the father of the respondent should be heard by the CAW Cell and should be made part of the investigation. I consider that CAW Cell has no power to investigate the crime. It is not a police station where FIRs are registered. Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The investigation can also be done by CAW Cell if it is referred to it after registration of FIR. Since no FIR has been registered in this case, no directions can be given to CAW Cell for investigation. The petition is infructuous and is hereby dismissed.

SHIV NARAYAN DHINGRA, J.

August 13, 2007

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IN THE HIGH COURT OF DELHI AT NEW DELHI

10.08.2007

Present: Mr. Keshav Kaushik, Advocate for the petitioner.

Ms. Mukta Gupta, Standing Counsel for State with

Ms. Rajdipa Behura and Mr. Akshai Malik, Adocates

W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07

It is stated by the counsel for petitioner that CAW Cell was threatening the petitioner for appearance. It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell. No further direction can be given by the Court in respect of respondent No. 5, who according to the petitioner has refused to accompany him. It is alleged that she was living under the influence of her parents. Earlier when she appeared in this Court, she was living with the petitioner. She refused to meet her parents at that time. If the respondent is such an immature lady that when she comes under the influence of petitioner, she refuses to meet her parents and next time when she comes under the influence of her parents, she refuses to meet the petitioner, the Court cannot help the petitioner. The petition is disposed of in above terms.

SHIV NARAYAN DHINGRA, J.

August 10, 2007

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IN THE HIGH COURT OF DELHI AT NEW DELHI

07.08.2007

Present: Mr. Tarun Sharma, Advocate for the petitioner

Ms. Mukta Gupta, Standing Counsel for the state with

Mr. Ahshal Mehtra, Advocate

W.P.(Crl.) No. 1009/2007

Issue notice of the petition to the respondents returnable for 17th January, 2008. Notice is accepted by the Standing Counsel of the State. Crl.M. A. No. 8813/07 in W.P.(Crl.) No. 1009/2007.
The parties were referred to CAW Cell where CAW Cell after making enquiries, came to the conclusion that it was not a case of cruelty or harassment on the part of the husband. The CAW Cell recommended a Closure Report saying that no case is made out against the husband or family of the husband. After this recommendation, respondent no. 2 made an application under Section 156(3) before the learned Metropolitan Magistrate. Learned Metropolitan Magistrate without giving any reason as to why he considered that a case was made out, ordered for registration of an FIR. I consider that it is a fit case where operation of the order can be stayed. The operation of the order dated 3rd August, 2007 wrongly mentioned as dated 30th July, 2007 is stayed. Trial Court record be called.
Dasti.

SHIV NARAYAN DHINGRA. J.

August 07, 2007

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Here is the second judgment:

IN THE HIGH COURT OF DELHI AT NEW DELHI

07.08.2007

Present: Mr.R.P. Yadav, Advocate for the petitioner.

Ms. Rajdipa Behura, Advocate for the State.

W.P. (Crl.) No.849/2007

Justice Shiv Narain Dhingra

This petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the petitioner for dropping of proceedings pending before the CAW Cell, Amar Colony against the petitioner and his family members on the ground that the complainant wife has already made a complaint under the provisions of Domestic Violence Act in the Court of learned Metropolitan Magistrate, Patiala House Courts. Her allegations made before the Metropolitan Magistrate and CAW Cell are ditto.

CAW Cell is an agency created to make efforts for reconciliation between the families before initiation of criminal proceedings on the complaint of the wife. The petitioner is at liberty not to appear before the CAW Cell. No coercive action can be taken by the CAW Cell, compelling an unwilling person to put in appearance before it. CAW Cell can conduct proceedings only where both the parties are ready and willing to join the proceedings voluntarily.

I consider that there is no reason for the Court to pass any order in respect of proceedings before the CAW Cell as these proceedings are not judicial or quasi-judicial nor proceedings in the investigation of the crime. They are only reconciliatory proceedings. The petitioner is at liberty not to join the proceedings before CAW Cell.

In view of the foregoing discussion, this petition is not maintainable and is hereby dismissed as such.

Dasti.

SHIV NARAYAN DHINGRA. J.

August 07, 2007

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INPUTS from RV, NAGPUR (few):

Engagement gifts are not dowry. 

Police has produced fake bills in the Challan submitted to Court. These bills were given by my in-laws. The charges has not been framed yet by the Court. We submitted complaints to Sales Tax Dept. regarding these complaint and they conducted investigations and found these bills to be BOGUS, the bills were regarding jewellery and electronics items tuning to lakhs of rupees. To save them from facing actions, the dealers have given statements that they have not issued these bills and the name of the person mentioned in the bills misued their letter head and bill books. The name on the bills is of my wife. I will also be getting Income Tax investigation report in few days.

Please suggest regarding filing of case under Crpc 340 read with IPC 191 to 196 for perjury and giving false n fabricated docs to the court and IPC 383 to 389 for extortion. Should I file this case in my jurisdiction or the jurisdiction where challan has been presented and is it the right time to file the case now or should I wait for some time. The quashing of FIR is pending the HC and I will def. be using these reports over there.

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Distinction between “Dowry and “Stridhan”.

There appears to be a certain amount of confusion over the terms “dowry” and “Stridhan”. “Stridhan” as a concept of Hindu law has arisen from the concept of “Varadakshina” which is associated with an approved Hindu marriage practice of “Kanyadaan”. Kanyadaan being the gifts which the father of the bride gives to the father of the groom. “Varadakshina” was the presents in cash or kind which were to be given to the bridegroom. Both kanyadaan and varadakshina were considered meritorious acts and were voluntary in nature. Presents, given to the daughter on the occasion of the marriage constituted her “Stridhan” i.e. her separate property.

The term “Stridhan” literally means the “woman’s property”. According to the Smritika, the Stridhan constituted those properties which she received by way of gifts from her relatives, which included mostly movable property such as ornaments, jewellery, dresses. Sometimes even land or property or even houses were given as gifts. The purpose behind deeming properties as “Stridhan” was to ensure that  The woman had full right over its disposal or alienation. On her death, all types of Stridhan, devolved upon her heirs.

The husband of the woman had the limited power to use or alienate the “Stridhan” and that too only in cases of distress or emergency and even in such cases, he was obligated to return the same once the emergency period was tided over. Thus the conclusion is that all types of Stridhan are properties given to her by way of gifts and without any “demand, coercion, undue influence or even pressure”.However in the past there have been a catena of cases where the distinction between dowry and Stridhan has been misunderstood .In the case of Kailash Vati v. Ayodhya Prakash2 Chief Justice Sandhawalia, while recognizing the distinction between stridhan and dowry, used both the words interchangeably as if one meant the other .He opined as follows:

“The Dowry Prohibition Act 1961 does not bar traditional giving of presents at or about the time of wedding . Thus such presents or dowry given by the parents is therefore not at all within the definition of the statute”.

He further went on to state that:

“Law as it stands today visualizes a complete and full ownership of her individual property by a Hindu wife and in this context the factum of marriage is of little or not relevance and she can own and possess property in the same manner as a Hindu male …Once it is held that a Hindu wife can own property in her own right , then it is purely a question of fact whether the

dowry or traditional presents given to her, were to be individually owned by her or had been gifted to the husband alone…..Once it is found that as a fact that these articles of dowry were so given to her individually and in her own right , then I am unable to see how the mere factum of marriage would alter any such property right and divest her of ownership either totally or partially”.

Here the presumption is that whatever property the bride receives as “gifts” stays under her control in the matrimonial home and that she can share it with her husband or the rest of the family by exercising her discretion. This is contrary to what happens in reality where the bride does not have any control over her belongings or her essentials.

It was only in the case of Pratibha Rani V. Suraj Kumar3 the Supreme Court tried to arrive at a definition of “Stridhan” by enlisting the following exchanges as constituting stridhan

(ii) gifts made before the nuptial fire

(iii) gifts made at the bridal procession, i.e. while the bride is being led from her residence of her parents to that of her husband.

(iv) Gifts made in token of love, that is, those made by her father-in-law and mother-in-law and those made at the time of the bride making obeisance at the feet of elders.

(v) Gifts made by the father of the bride

(vi) Gifts made by the mother of the bride

(vii) Gifts made by the brother of the bride.

The judgment further clarified that 3 AIR 1985 S.C 628 “The Hindu married woman is the absolute owner of her Stridhan property and can deal with it in any manner she likes .Ordinarily the husband has no right or interest in it with the sole exception that in times or extreme distress but he is morally bound to restore it or its value when he is able to do so”

Fazl Ali J further observed that

“I am amazed to find that so deeply drowned and inherently are some of the High Courts concept of matrimonial home qua Stridhan property of married woman that they refuse to believe that such properties which were meant for exclusive use of the wife , could also be legally entrusted to the Husband and his relations. He specifically stated that the concept that the “Stridhan” of the woman becomes the Joint property of the two houses as soon as she enters her matrimonial house is in direct Contravention of Hindu law.”

The differentiation of the two terms is towards ensuring that in case of the future breakdown of marriage the woman can at least retrieve gifts received as Stridhan. Thus even if at the time of marriage or during the marriage “gifts” should be given under the cover of “Stridhan” so that she will at least have a right to claim them back.

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After 1956: Stridhan :The majority of sages and commentators have no definition for stridhan. Ornaments, jewellery, dresses or any movable gifts given by relations parents & husband side and also gifts given by strangers at time of marriage. Gift and bequests from relation, Gift and bequests from strangers . During coverture gifts are stridhan under husband control. These gifts can be given with the exception of immovable property. Any gifts given during maidenhood or widowhood constitutes her stridhan. Before 1956 property aquired by mechanical arts(Singing & Dancing) or self exertion upon death of husband constituted her stridhan according to Mithila and Bengal schools of Hindu Law. All other schools also it constituted her stridhan immediately.

Property purchased with savings or accumulations of stridhan is stridhan. Under compromise it constitutes her limited estate and gives up her stridhan under arrangement or compromise. If she accumulates by adverse possession it constitutes her stridhan. Maintenance & property transferred to her by way of gift is stridhan. By inheritance if she succeeded to any immovable property, it is not her stridhan but constitutes her limited estate. Both from parents side as well as husband side.

When partition takes place under Mitakshara rule share obtained from partition is her limited estate or womans estate or widow estate (not stridhan) and she is absolute owner of property. On property acquired from Inheritance or partition she cannot ordinarily alienate the property or corpus and on her death it devolves to next heir. All other property except from partition or inheritance she has full rights to mortgage, exclusion and even put it in fire for all she cares.

Stridhan is classified into 2 types: 1. Gifts received from parents and in -laws out of love and affection. 2. All other gifts from strangers(Here husband has power to use this stridhan equally). On her death it passes to her heirs.

After 2005 Hindu Succession Act: Now she can claim for immovable property alongwith above also. She now has full powers to alienate property like the Karta of the family. She can do this in 3 situations. For fulfilling husbands funeral rites, legal necessaries, benefit of estate, gifts to brahmins to satisfy husband last rites, dispense of religious and moral duties. In all these cases only small portion can be alienated. Alienation made is not void but voidable if party affected and filed by party affected. Reversioner(Heirs) can file. Reversioner can sue for injunction or declaration(possession); after her death for nullity also.

A wife can by statutory substitution makes her get a part of her husbands co-parcenary property but doesnot entitle her to other co-parceners interests of joint family property. Dowry and gifts given during or at the time of marriage and thereafter is her stridhan and if she demands and doesnot get it back - she can take refuge in law which provides a relief. Check out Section 14 HSA and sub sections to know consequences.

The difference is taking, giving and abetting dowry is not a crime if done voluntarily and situation does not arise and differences amongst are merely words - but once a complaint is instituted that force or against will or pressure then her parents who have given dowry to her is not a crime (they can call it gift or presents w.r.t movable and immovable property). But husband & in-laws asking or demanding dowry(including gifts or presents or in any name) with an intention to coerce her and make an unlawful gain taking advantage of the relationship is a crime.

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The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:

-The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;

-The daughter has the same rights in the coparcenary property as she would have had if she had been a son;

-The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;

-The daughter is allotted the same share as is allotted to a son;

-The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;

-The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.

After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt.

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Get the list available with the people of South East Districts who all are accused in 498a and ask the same question again to initiate action again the police man.

Also file a complaint u/s 18 r/w secton 20 of RTI Act for furnishing false information .

You should also file a complaint to the Chief Justice Delhi High Court, Supreme Court and CM as I did that although the list was false but police ignored it and connived with wife.

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Another mode of fighting this injustice and sham complaints for extortion:

Wife has submitted a list of stridhan which is not as per rule 2 of Dowry Prohibition Act and her application may be rejected in view of Circular no. 07/2007 and other she may be asked to furnish valid bills as well as cash flow details in view of para 7 of Circular no. 459-66/P.Sec/ Addl.CP/CAWC dated 29/03/2009.

Further updates are as follows :-

The application of Swamy was accepted by the CAW Cell on the same day with the help of 100 no. police officials and he was given stamped receiving of the his application as he called Police Control Room by dialing 100 no. and they helped him while the other victims of dowry harrassment witnessed and appreciated his courage outside CAW Cell, Nanak Pura, Delhi.

Now on the very next working day Swamy received a notice from CAW Cell, that he is requested to appear in CAW Cell for couselling. Earlier they said that you don't need to come here as we will registere FIR agains you to teach you lesson for consulting with lawyers.

Swamy has now also filed one RTI in CAW Cell requesting information within 48 hrs asking for details of complaint number, name of accused, FIR no. (if any) with certified copy. Reply is awaited.

Swamy has also filed one RTI to Police Control Room to provide certified copy of transcript, audio Recording and forms filled, dd entry of police official reached on spot from P.S. during his call made to Police Control Room , to be provided within 48 hrs.

Swamy has also been advised to file an application requesting action against wife for , forgery, extortion, conspiracy as she has claimed for 18 " TV and 220 Ltr. Fridge when Swamy having bills of 14 " TV and 190 Ltr. Fridge, bills were of date 3 days before marriage are are on the name of his wife.

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SPECIAL THANKS TO:

RB : librapisces007@yahoo.com

SK : harassed.by.498a@gmail.com

NSD : niladri_shekhar_das_in@yahoo.co.in

VA : aggarwalgurgaon@gmail.com

SB : sumit.bindra1@gmail.com

RV : rajeshvakharia40@gmail.com
NV : navneet_social@yahoo.com