Fake Dowry
What is a case of False Dowry Articles in Pakistan?
Fake Dowry cases are submitted by the wife to recover non-existing articles of Dowery Jehz and Haq Mehr in Pakistan, against the husband and/or his family.
What is Dowry Fraud is often referred to as; Fake Dowry cases are known as false jehz and false dowry cases, wrong dowry articles wrong jehz cases, phantom jehz, and phantom dowry articles. In this article, we intend to clarify the effective steps in recovering from such a case where the victim is on the receiving end of such a legal matter.
How does a Fake Dowry case happen?
In some divorce legal proceedings in Pakistan, allegations may be raised regarding dowry and jehz that are unsubstantiated or inaccurate. These situations can potentially involve:
- Fabricated claims: Accusations of non-existent dowry or jehz may be fabricated for various reasons, often as a strategy to gain leverage in the divorce settlement.
- Previous fulfillment: Dowry and jehz may have already been provided and documented, yet accusations of non-delivery persist.
- Return of goods: Circumstances may exist where dowry or jehz items were returned to the wife’s family upon separation, yet claims of their retention by the husband are made.
It is crucial to note that such misrepresentations of dowry and jehz are serious legal matters and should be addressed objectively, as lying under oath in Pakistan can be treated as Perjury.
It is a form of Malicious Prosecution in Pakistan where a woman (or her family) file a case against the Husband to recover her Bridal Gift and possessions from the Groom/Husband (usually used in Divorce Proceedings).
Why are Fake Dowry Cases so common in Pakistan?
Unfortunately, Divorce in Pakistan and Child Custody in Pakistan is not the most pleasant of affairs. It is common in most Weddings in Pakistan that “Nuptial Gifts” are exchanged between spouses.
When the marriage is over, the females are usually deprived of their goods, as (in the majority of cases) they are the ones leaving the marital home.
The Courts had made a special provision to ensure that females (who were genuinely deprived of their possessions) had a mechanism to recover their goods. This meant that the avenue to abuse this process was opened as well.
What are common Claims in these kinds of cases?
Using this same avenue, spiteful exes can claim false, fake, frivolous items and articles (either in the form of gifts, goods, or cash).
Furniture, Expensive Designer Clothing, Electronics, Mobile Phones, Cash, and Telephone Balance Cards, may all be claimed as fraudulent jehz, and are just a few items.
Character assassination also becomes a part of such proceedings, which can be pursued separately for defamation.
How to defend a case of Fake Dowry
The first step of the matter is when the woman’s side (who would be the Plaintiff and Complainant) submits a case with a written application. Each word, in every sentence, and in every paragraph needs to be scrutinized. The husband (who would be the Respondent and Defendant) would, ideally through legal counsel, respond to every matter based on merits.
When submitting your statement, ensure that your statement is fully factual, and includes evidence such as screenshots, witness statements, call records, details of the driver/companies used for delivery of goods, etc. As stated earlier, each case has its own set of circumstances and facts, so feel free to contact us to discuss your matter.
What are the common grounds to argue in court?
The best thing to do in this instance is to calmly look into the matter and body of the pleadings in detail. This is where our legal team of experts can assist you with your matter, but some common remedies are as follows:-
Do the items even exist?
If they didn’t, then a request for their receipts can be made and be relied upon, if the case is fought properly.
Were the items even theirs?
Sometimes the opposing party can claim items that were yours to be their own! In this instance, evidence in the form of witness submissions and receipts may be produced and brought to the attention of the court.
Have they already received their items?
In some cases, the bride has usually taken her stuff with her (or the husband has delivered it) and the claim is made that the goods were not sent. In these circumstances, evidence of calls to and from the driver, or even the statement of the delivery driver, is usually beneficial.
Could they afford to give such items as gifts?
In some cases, the defense (the husband) family argues whether the woman (or her family) could even afford to give such gifts. In this instance, the occupation of the family, as well as their house, can be brought up in question.
Are there any witnesses?
When gifts are given or received, witnesses would more than likely be present. In such instances, witnesses can be called to either confirm or deny the exchange of such gifts.
Again, these are just some of the common hurdles and how to overcome them. Each case is fought based on its merit, so feel free to contact us for free advice on your matter.
Speak to us about your fake dowry case in Pakistan Today!
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