Dowry agreement
R Shreeniwas
(Querist) 02 June 2015
This query is : Resolved
Hello Experts,
My brother who is a s/w professional in UK got married last year with Hindu rights.
He has a flat in Mumbai where my father is co-owner in that flat.
It was decided that marriage will take place at our home town and so his in laws said they will hand over certain amount to us so we can spend on marriage expenses (Marriage expenses to be shared equally by both parties).
All the marriage, jewellery, cloths expenses were made by us (we have bills for the same).
After marriage all was ok for 3 months but then his wife and her relatives started torturing my brother and also asked him to transfer that flat on wifes name, which my brother denied.
His wife has filed false 498a case of dowry harassment on my brother and all family including my parents. We have taken AB in this case.
just 1 month before marriage his in-laws took my brothers sign on paper which they said was a part of tradition, he didn't told us at that time as he was in rush to travel to UK. Which seems a huge mistake by him.
Matter which is written in that paper is like below -
For the marriage of "Mrs. XYZ" and "Mr. ABC" We are giving said amount of XX lacks as Streedhan and expenses to our daughter XYZ.
Money accepted by,
Mr. ABC
My brother sign
Money given by,
Mr. In law name
In-laws sign
Now they are saying that, this is an agreement which shows that you have taken dowry from us.
We have not taken or demanded any dowry from them.
Please suggest what exactly this agreement is and how we can defend this in court? we have bills of all expenses occurred in marriage also jewellery taken for my brothers wife.
My brother wants to travel back to UK for his work, will this case be a problem to his passport or travel?
Also his in laws are planning to take possesion of his flat, so how to restrain his wife/in-laws from entering in flat?
Kindly suggest.
Regards,
R Shreeniwas
Sudhir Kumar, Advocate
(Expert) 03 June 2015
Please suggest what exactly this agreement is and how we can defend this in court? we have bills of all expenses occurred in marriage also jewellery taken for my brothers wife.
HE WAS NOT MINOR OR INSANE THAT HE SIGNED THE PAPERS.
But this document does not state that your brother or family has ursupred the streedhan. In this way her statement can be an evidence.
the bilkls etc which you are having are not going to help you much. These bills are in respect of streedhan which your family gave and these bills do not prove that no streedhan was given by her family.
Anyway these bills can be good evidence against your family. These bills prove that your family also gave streedhan and she in all likely to allege deprivation of this as well.
SO do not make a hasty argument without consulting your lawyers. Streedhan is very tricky trap.
Sudhir Kumar, Advocate
(Expert) 03 June 2015
My brother wants to travel back to UK for his work, will this case be a problem to his passport or travel?
IF HE IS ON BAIL HE CAN TRAVEL ABROAD ONLY IF COURT ALLOWS OR ELSE STAY IN INDIA.
Sudhir Kumar, Advocate
(Expert) 03 June 2015
Also his in laws are planning to take possession of his flat, so how to restrain his wife/in-laws from entering in flat?
IF THIS IS THE HOUSE WHERE THEY HAVE RESIDED TOGETHER OR WHERE YOUR BROTHER IS CURRENTLY RESIDING, THEN HER ENTRY CANNOT BE STOPPED TILL THERE IS A DIVORCE.
such action can be termed as Domestic violence.
Devajyoti Barman
(Expert) 03 June 2015
ask your brother to transfer his half share in favor of his father. once that is done his wife can not lay her claim on the flat under any law of the land.
The case if filed or likely to filed is not going to cause problem for his foreign travel.
Sudhir Kumar, Advocate
(Expert) 03 June 2015
even if he doe snot transfer then she cannot claim it if divorce is granted.
SAINATH DEVALLA
(Expert) 03 June 2015
I have never ever seen such a tradition of either parties taking signatures on a blank paper at the time of marriage.Quite surprising.
He has to inform the court of his travel abroad as he is only on AB.If the court grants him permission(conditional) he can go out,but this has to mentioned in the VISA.
Other things rightly answered by the above experts.
P. Venu
(Expert) 03 June 2015
There is fine distinction between dowry ('Dahej' in Hindi) and 'Stridhan'. "Dahej' is the property transferred from one party in the marriage to the other, usually by the bride's side to the bridegrooms side. The distinction is in that 'stridhan' is the property vested with the wife.
From the facts disclosed, you have a good chance to prove that the property mentioned in the receipt signed by your brother is "stridhan" and not 'Dowry'.
The Court at its discretion can permit your brother to travel back to UK.
T. Kalaiselvan, Advocate
(Expert) 19 June 2015
This will not come under dowry harassment because all the ingredients have to be proved by them which they allege to be a dowry accepted, if that is the case they too will be held liable for giving dowry. You can challenge the case on merits. They cannot take possession of the house property without your brother's consent.
